second treatise of government-第32部分
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I reply; The people shall be judge; for who shall be judge whether his trustee or deputy acts well; and according to the trust reposed in him; but he who deputes him; and must; by having deputed him; have still a power to discard him; when he fails in his trust? If this be reasonable in particular cases of private men; why should it be otherwise in that of the greatest moment; where the welfare of millions is concerned; and also where the evil; if not prevented; is greater; and the redress very difficult; dear; and dangerous? Sec。 241。 But farther; this question; (Who shall be judge?) cannot mean; that there is no judge at all: for where there is no judicature on earth; to decide controversies amongst men; God in heaven is judge。 He alone; it is true; is judge of the right。 But every man is judge for himself; as in all other cases; so in this; whether another hath put himself into a state of war with him; and whether he should appeal to the Supreme Judge; as leptha did。 Sec。 242。 If a controversy arise betwixt a prince and some of the people; in a matter where the law is silent; or doubtful; and the thing be of great consequence; I should think the proper umpire; in such a case; should be the body of the people: for in cases where the prince hath a trust reposed in him; and is dispensed from the common ordinary rules of the law; there; if any men find themselves aggrieved; and think the prince acts contrary to; or beyond that trust; who so proper to judge as the body of the people; (who; at first; lodged that trust in him) how far they meant it should extend? But if the prince; or whoever they be in the administration; decline that way of determination; the appeal then lies no where but to heaven; force between either persons; who have no known superior on earth; or which permits no appeal to a judge on earth; being properly a state of war;
wherein the appeal lies only to heaven; and in that state the injured party must judge for himself; when he will think fit to make use of that appeal; and put himself upon it。 Sec。 243。 To conclude; The power that every individual gave the society; when he entered into it; can never revert to the individuals again; as long as the society lasts; but will always remain in the community; because without this there can be no community; no common…wealth; which is contrary to the original agreement: so also when the society hath placed the legislative in any assembly of men; to continue in them and their successors; with direction and authority for providing such successors; the legislative can never revert to the people whilst that government lasts; because having provided a legislative with power to continue for ever; they have given up their political power to the legislative; and cannot resume it。 But if they have set limits to the duration of their legislative; and made this supreme power in any person; or assembly; only temporary; or else; when by the miscarriages of those in authority; it is forfeited; upon the forfeiture; or at the determination of the time set; it reverts to the society; and the people have a right to act as supreme; and continue the legislative in themselves; or erect a new form; or under the old form place it in new hands; as they think good。
F I N I S。