second treatise of government-第35章
按键盘上方向键 ← 或 → 可快速上下翻页，按键盘上的 Enter 键可回到本书目录页，按键盘上方向键 ↑ 可回到本页顶部！
————未阅读完？加入书签已便下次继续阅读！
of the society； the declaring of the public will； are excluded from it； and others usurp the place； who have no such authority or delegation。
Sec。 213。 This being usually brought about by such in the commonwealth who misuse the power they have； it is hard to consider it aright； and know at whose door to lay it； without knowing the form of government in which it happens。 Let us suppose then the legislative placed in the concurrence of three distinct persons。 1。 A single hereditary person； having the constant； supreme； executive power； and with it the power of convoking and dissolving the other two within certain periods of time。 2。 An assembly of hereditary nobility。 3。 An assembly of representatives chosen； pro tempore； by the people。 Such a form of government supposed； it is evident； Sec。 214。 First； That when such a single person； or prince； sets up his own arbitrary will in place of the laws； which are the will of the society； declarad by the legislative； then the legislative is changed： for that being in effect the legislative； whose rules and laws are put in execution； and required to be obeyed； when other laws are set up； and other rules pretended； and inforced； than what the legislative； constituted by the society； have enacted； it is plain that the legislative is changed。 Whoever introduces new laws； not being thereunto authorized by the fundamental appointment of the society； or subverts the old； disowns and overturns the power by which they were made； and so sets up a new legislative。 Sec。 215。 Secondly； When the prince hinders the legislative from assembling in its due time； or from acting freely； pursuant to those ends for which it was constituted； the legislative is altered： for it is not a certain number of men； no； nor their meeting； unless they have also freedom of debating； and leisure of perfecting； what is for the good of the society； wherein the legislative consists： when these are taken away or altered； so as to deprive the society of the due exercise of their power； the legislative is truly altered； for it is not names that constitute governments； but the use and exercise of those powers that were intended to accompany them； so that he； who takes away the freedom； or hinders the acting of the legislative in its due seasons； in effect takes away the legislative； and puts an end to the government； Sec。 216。 Thirdly； When； by the arbitrary power of the prince； the electors； or ways of election； are altered； without the consent； and contrary to the common interest of the people； there also the legislative is altered： for； if others than those whom the society hath authorized thereunto； do chuse； or in another way than what the society hath prescribed； those chosen are not the legislative appointed by the people。 Sec。 217。 Fourthly； The delivery also of the people into the subjection of a foreign power； either by the prince； or by the legislative； is certainly a change of the legislative； and so a dissolution of the government： for the end why people entered into society being to be preserved one intire； free； independent society； to be governed by its own laws； this is lost； whenever they are given up into the power of another。 Sec。 218。 Why； in such a constitution as this； the dissolution of the government in these cases is to be imputed to the prince； is evident； because he； having the force； treasure and offices of the state to employ； and often persuading himself； or being flattered by others； that as supreme magistrate he is uncapable of controul； he alone is in a condition to make great advances toward such changes； under pretence of lawful authority； and has it in his hands to terrify or suppress opposers； as factious； seditious； and enemies to the government： whereas no other part of the legislative； or people； is capable by themselves to attempt any alteration of the legislative； without open and visible rebellion； apt enough to be taken notice of； which； when it prevails； produces effects very little different from foreign conquest。 Besides； the prince in such a form of
government； having the power of dissolving the other parts of the legislative； and thereby rendering them private persons； they can never in opposition to him； or without his concurrence； alter the legislative by a law； his conse power； neglects and abandons that charge； so that the laws already made can no longer be put in execution。 This is demonstratively to reduce all to anarchy； and so effectually to dissolve the government： for laws not being made for themselves； but to be； by their execution； the bonds of the society； to keep every part of the body politic in its due place and function； when that totally ceases； the government visibly ceases； and the people become a confused multitude； without order or connexion。 Where there is no longer the administration of justice； for the securing of men's rights； nor any remaining power within the community to direct the force； or provide for the necessities of the public； there certainly is no government left。 Where the laws cannot be executed； it is all one as if there were no laws； and a government without laws is； I suppose； a mystery in politics； unconceivable to human capacity； and inconsistent with human society。 Sec。 220。 In these and the like cases； when the government is dissolved； the people are at liberty to provide for themselves； by erecting a new legislative； differing from the other； by the change of persons； or form； or both； as they shall find it most for their safety and good： for the society can never； by the fault of another； lose the native and original right it has to preserve itself； which can only be done by a settled legislative； and a fair and impartial execution of the laws made by it。 But the state of mankind is not so miserable that they are not capable of using this remedy； till it be too late to look for any。 To tell people they may provide for themselves； by erecting a new legislative； when by oppression； artifice； or being delivered over to a foreign power； their old one is gone； is only to tell them； they may expect relief when it is too late； and the evil is past cure。 This is in effect no more than to bid them first be slaves； and then to take care of their liberty； and when their chains are on； tell them； they may act like freemen。 This； if barely so； is rather mockery than relief； and men can never be secure from tyranny； if there be no means to escape it till they are perfectly under it： and therefore it is； that they have not only a right to get out of it； but to prevent it。 Sec。 221。 There is therefore； secondly； another way whereby governments are dissolved； and that is； when the legislative； or the prince； either of them； act contrary to their trust。 First； The legislative acts against the trust reposed in them； when they endeavour to invade the property of the subject； and to make themselves； or any part of the community； masters； or arbitrary disposers of the lives； liberties； or fortunes of the people。 Sec。 222。 The reason why men enter into society； is the preservation of their property； and the end why they chuse and authorize a legislative； is； that there may be laws made； and rules set； as guards and fences to the properties of all the members of the society； to limit the power； and moderate the dominion； of every part and member of the society： for since it can never be supposed to be the will of the society； that the legislative should have a power to destroy that which every one designs to secure； by entering into society； and for which the people submitted themselves to legislators of their own making； whenever the legislators endeavour to take away； and destroy the property of the people； or to reduce them to slavery under arbitrary power； they put themselves into a state of war with the people； who are thereupon absolved from any farther obedience； and are left to the common refuge； which God hath provided for all men； against force and violence。 Whensoever therefore the legislative shall transgress this fundamental rule of socie
