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第36章

concerning civil government-第36章

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ambition; and turbulency of private men have sometimes caused great

disorders in commonwealths; and factions have been fatal to states and

kingdoms。 But whether the mischief hath oftener begun in the

people's wantonness; and a desire to cast off the lawful authority

of their rulers; or in the rulers' insolence and endeavours to get and

exercise an arbitrary power over their people; whether oppression or

disobedience gave the first rise to the disorder; I leave it to

impartial history to determine。 This I am sure; whoever; either

ruler or subject; by force goes about to invade the rights of either

prince or people; and lays the foundation for overturning the

constitution and frame of any just government; he is guilty of the

greatest crime I think a man is capable of; being to answer for all

those mischiefs of blood; rapine; and desolation; which the breaking

to pieces of governments bring on a country; and he who does it is

justly to be esteemed the common enemy and pest of mankind; and is

to be treated accordingly。

  231。 That subjects or foreigners attempting by force on the

properties of any people may be resisted with force is agreed on all

hands; but that magistrates doing the same thing may be resisted; hath

of late been denied; as if those who had the greatest privileges and

advantages by the law had thereby a power to break those laws by which

alone they were set in a better place than their brethren; whereas

their offence is thereby the greater; both as being ungrateful for the

greater share they have by the law; and breaking also that trust which

is put into their hands by their brethren。

  232。 Whosoever uses force without right… as every one does in

society who does it without law… puts himself into a state of war with

those against whom he so uses it; and in that state all former ties

are cancelled; all other rights cease; and every one has a right to

defend himself; and to resist the aggressor。 This is so evident that

Barclay himself… that great assertor of the power and sacredness of

kings… is forced to confess that it is lawful for the people; in

some cases; to resist their king; and that; too; in a chapter

wherein he pretends to show that the Divine law shuts up the people

from all manner of rebellion。 Whereby it is evident; even by his own

doctrine; that since they may; in some cases; resist; all resisting of

princes is not rebellion。 His words are these: 〃Quod siquis dicat;

Ergone populus tyrannicae crudelitati et furori jugulum semper

praebebit? Ergone multitudo civitates suas fame; ferro; et flamma

vastari; seque; conjuges; et liberos fortunae ludibrio et tyranni

libidini exponi; inque omnia vitae pericula omnesque miserias et

molestias a rege deduci patientur? Num illis quod omni animantium

generi est a natura tributum; denegari debet; ut sc。 vim vi repellant;

seseque ab injuria tueantur? Huic breviter responsum sit; populo

universo negari defensionem; quae juris naturalis est; neque

ultionem quae praeter naturam est adversus regem concedi debere。

Quapropter si rex non in singulares tantum personas aliquot privatum

odium exerceat; sed corpus etiam reipublicae; cujus ipse; caput est…

i。e。; totum populum; vel insignem aliquam ejus partem immani et

intoleranda saevitia seu tyrannide divexet; populo; quidem hoc casu

resistendi ac tuendi se ab injuria potestas competit; sed tuendi se

tantum; non enim in principem invadendi: et restituendae injuriae

illatae; non recedendi a debita reverentia propter acceptum

injuriam。 Praesentem denique impetum propulsandi non vim praeteritam

ulciscendi jus habet。 Horum enim alterum a natura est; ut vitani

scilicet corpusque tueamur。 Alterum vero contra naturam; ut inferior

de superiori supplicium sumat。 Quod itaque populus malum; antequam

factum sit; impedire potest; ne fiat; id postquam factum est; in regem

authorem sceleris vindicare non potest; populus igitur hoc amplius

quam privatus quispiam habet: Quod huic; vel ipsis adversariis

judicibus; excepto Buchanano; nullum nisi in patientia remedium

superest。 Cum ille si intolerabilis tyrannis est (modicum enim ferre

omnino debet) resistere cum reverentia possit。〃… Barclay; Contra

Monarchomachos; iii。 8。

  In English thus:

  233。 〃But if any one should ask: Must the people; then; always lay

themselves open to the cruelty and rage of tyranny… must they see

their cities pillaged and laid in ashes; their wives and children

exposed to the tyrant's lust and fury; and themselves and families

reduced by their king to ruin and all the miseries of want and

oppression; and yet sit still… must men alone be debarred the common

privilege of opposing force with force; which Nature allows so

freely to all other creatures for their preservation from injury? I

answer: Self…defence is a part of the law of Nature; nor can it be

denied the community; even against the king himself; but to revenge

themselves upon him must; by no means; be allowed them; it being not

agreeable to that law。 Wherefore; if the king shall show an hatred;

not only to some particular persons; but sets himself against the body

of the commonwealth; whereof he is the head; and shall; with

intolerable ill…usage; cruelly tyrannise over the whole; or a

considerable part of the people; in this case the people have a

right to resist and defend themselves from injury; but it must be with

this caution; that they only defend themselves; but do not attack

their prince。 They may repair the damages received; but must not;

for any provocation; exceed the bounds of due reverence and respect。

They may repulse the present attempt; but must not revenge past

violences。 For it is natural for us to defend life and limb; but

that an inferior should punish a superior is against nature。 The

mischief which is designed them the people may prevent before it be

done; but; when it is done; they must not revenge it on the king;

though author of the villany。 This; therefore; is the privilege of the

people in general above what any private person hath: That

particular men are allowed; by our adversaries themselves (Buchanan

only excepted); to have no other remedy but patience; but the body

of the people may; with respect; resist intolerable tyranny; for

when it is but moderate they ought to endure it。〃

  234。 Thus far that great advocate of monarchical power allows of

resistance。

  235。 It is true; he has annexed two limitations to it; to no

purpose:

  First。 He says it must be with reverence。

  Secondly。 It must be without retribution or punishment; and the

reason he gives is; 〃because an inferior cannot punish a superior。〃

  First。 How to resist force without striking again; or how to

strike with reverence; will need some skill to make intelligible。 He

that shall oppose an assault only with a shield to receive the

blows; or in any more respectful posture; without a sword in his

hand to abate the confidence and force of the assailant; will

quickly be at an end of his resistance; and will find such a defence

serve only to draw on himself the worse usage。 This is as ridiculous a

way of resisting as Juvenal thought it of fighting: Ubi tu pulsas; ego

vapulo tantum。 And the success of the combat will be unavoidably the

same he there describes it:



                         Libertas pauperis haec est;

         Pulsatus rogat; et pugnis concisus; adorat;

         Ut liceat paucis cum dentibus inde reverti。



This will always be the event of such an imaginary resistance; where

men may not strike again。 He; therefore; who may resist must be

allowed to strike。 And then let our author; or anybody else; join a

knock on the head or a cut on the face with as much reverence and

respect as he thinks fit。 He that can reconcile blows and reverence

may; for aught I know; deserve for his pains a civil; respectful

cudgelling wherever he can meet with it。

  Secondly。 As to his second… 〃An inferior cannot punish a

superior〃… that is true; generally speaking; whilst he is his

superior。 But to resist force with force; being the state of war

that levels the parties; cancels all former relat

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