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second treatise of government-第39章

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ity of the people; or if the mischief and oppression has  lighted only on some few; but in such cases; as the precedent;  and consequences seem to threaten all; and they are persuaded in  their consciences; that their laws; and with them their estates;  liberties; and lives are in danger; and perhaps their religion  too; how they will be hindered from resisting illegal force; used  against them; I cannot tell。  This is an inconvenience; I  confess; that attends all governments whatsoever; when the  governors have brought it to this pass; to be generally suspected  of their people; the most dangerous state which they can possibly  put themselves in。  wherein they are the less to be pitied;  because it is so easy to be avoided; it being as impossible for a  governor; if he really means the good of his people; and the  preservation of them; and their laws together; not to make them  see and feel it; as it is for the father of a family; not to let  his children see he loves; and takes care of them。      Sec。 210。  But if all the world shall observe pretences of  one kind; and actions of another; arts used to elude the law; and  the trust of prerogative (which is an arbitrary power in some  things left in the prince's hand to do good; not harm to the  people) employed contrary to the end for which it was given: if  the people shall find the ministers and subordinate magistrates  chosen suitable to such ends; and favoured; or laid by;  proportionably as they promote or oppose them: if they see  several experiments made of arbitrary power; and that religion  underhand favoured; (tho' publicly proclaimed against) which is  readiest to introduce it; and the operators in it supported; as  much as may be; and when that cannot be done; yet approved still;  and liked the better: if a long train of actions shew the  councils all tending that way; how can a man any more hinder  himself from being persuaded in his own mind; which way things  are going; or from casting about how to save himself; than he  could from believing the captain of the ship he was in; was  carrying him; and the rest of the company; to Algiers; when he  found him always steering that course; though cross winds; leaks  in his ship; and want of men and provisions did often force him  to turn his course another way for some time; which he steadily  returned to again; as soon as the wind; weather; and other  circumstances would let him?




                       CHAP。  XIX。

           Of the Dissolution of Government。

     Sec。 211。  HE that will with any clearness speak of the  dissolution of government; ought in the first place to  distinguish between the dissolution of the society and the  dissolution of the government。   That which makes the community;  and brings men out of the loose state of nature; into one politic  society; is the agreement which every one has with the rest to  incorporate; and act as one body; and so be one distinct common… wealth。  The usual; and almost only way whereby this union is  dissolved; is the inroad of foreign force mak ing a conquest upon them: for in that case; (not being able to  maintain and support themselves; as one intire and independent  body) the union belonging to that body which consisted therein;  must necessarily cease; and so every one return to the state he  was in before; with a liberty to shift for himself; and provide  for his own safety; as he thinks fit; in some other society。   Whenever the society is dissolved; it is certain the government  of that society cannot remain。  Thus conquerors swords often cut  up governments by the roots; and mangle societies to pieces;  separating the subdued or scattered multitude from the protection  of; and dependence on; that society which ought to have preserved  them from violence。  The world is too well instructed in; and too  forward to allow of; this way of dissolving of governments; to  need any more to be said of it; and there wants not much argument  to prove; that where the society is dissolved; the government  cannot remain; that being as impossible; as for the frame of an  house to subsist when the materials of it are scattered and  dissipated by a whirl…wind; or jumbled into a confused heap by an  earthquake。      Sec。 212。  Besides this over…turning from without;  governments are dissolved from within;      First; When the legislative is altered。  Civil society being  a state of peace; amongst those who are of it; from whom the  state of war is excluded by the umpirage; which they have  provided in their legislative; for the ending all differences  that may arise amongst any of them; it is in their legislative;  that the members of a commonwealth are united; and combined  together into one coherent living body。  This is the soul that  gives form; life; and unity; to the common…wealth: from hence the  several members have their mutual influence; sympathy; and  connexion: and therefore; when the legislative is broken; or  dissolved; dissolution and death follows: for the essence and  union of the society consisting in having one will; the  legislative; when once established by the majority; has the  declaring; and as it were keeping of that will。  The constitution  of the legislative is the first and fundamental act of society;  whereby provision is made for the continuation of their union;  under the direction of persons; and bonds of laws; made by  persons authorized thereunto; by the consent and appointment of  the people; without which no one man; or number of men; amongst  them; can have authority of making laws that shall be binding to  the rest。   When any one; or more; shall take upon them to make  laws; whom the people have not appointed so to do; they make laws  without authority; which the people are not therefore bound to  obey; by which means they come again to be out of subjection; and  may constitute to themselves a new legislative; as they think  best; being in full liberty to resist the force of those; who  without authority would impose any thing upon them。  Every one is  at the disposure of his own will; when those who had; by the  delegation 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 pu
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