« הקודםהמשך »
- The power
men do agree and covenant, every one with every one, that to whatsoever man, or assembly of men, shall be given by the major part the right to present the person of them all, that is to say, to be their representative ; every one, as well he that voted for it as he that voted against it, shall authorize all the actions and judgments of that man, or assembly of men, in the same manner as if they were his own." “ From this are derived all the rights and faculties of him, or them, on whom sovereign power is conferred.' Hence (1) “the subjects cannot change the form of government;" (2) " sovereign power cannot be forfeited ;" (3) "no man can without injustice protest against the institution of the sovereign declared by the major part ;" (4) "the sovereign's actions cannot be justly accused by the subject ;" (5) " whatsoever the sovereign doth is unpunishable by the subject;" (6) “the sovereign is judge of what is necessary for the peace and defence of his subjects, and judge of what doctrines are fit to be taught them ;” (7) “the right of making rules, whereby the subjects may every man know what is so his own as no other subject can, without injustice, take it from him ;” (8) “ to him also belongeth the right of judicature, and decision of controversy;" (9) "and of making war and peace as he shall think best ;" (10)" and of choosing all counsellors and ministers both of peace and war;" (11) "and of rewarding and punishing, and that (where no former law hath determined the measure of it) arbitrarily ; (12) and of honour and order. These are the rights which make the essence of sovereignty; and which are the marks whereby a man may discern in what man, or assembly of men, the sovereign power is placed and resideth. For these are incommunicable and inseparable.' of sovereignty is the same in whomsoever it be placed.” “Of the several kinds of Commonwealth by Institution, and of Succession to the Sovereign power” (19). "The difference of commonwealths consisteth in the difference of the sovereign, or the personal representative of all and every one of the multitude." ~ When the representative is one man, then is the common. wealth a Monarchy : when an assembly of all that will come together, then it is a Democracy, or popular commonwealth ; when an assembly of a part only, then it is called an Aristocracy.” “ The difference between these three kinds of commonwealth consisteth not in the difference of power, but in the difference of convenience or aptitude to produce the peace and secu. rity of the people, for which end they were instituted.” “Of Dominion Paternal and Despotical” (20). "A commonwealth by acquisition is that where the sovereign power is acquired by force;" "and this kind of dominion, or sovereignty, differeth from sovereignty by institution only in this, that men who choose their sovereign do it for fear of one another, and not of him whom they institute.” “But the rights and consequences of sovereignty are the same in both." “ Dominion is acquired two ways; by generation and by conquest. The right of dominion by generation is called paternal.” “ Dominion acquired by conquest, or victory in war, is that which some writers call despotical.”
“The rights and consequences of both paternal and despotical dominion are the very same with those of a sovereign by institution.” “The sovereign powers, whether placed in one man, as in monarchy, or in one assembly of men, as in popular and aristocratical commonwealths, is as great as possibly men can be imagined to make it.” “Of the Liberty of Subjects” (21). “ Liberty, or freedom, signifieth properly the absence of opposition ; by opposition I mean external impediments of motion.” “A freeman is he that in those things which, by his strength and wit, he is able to do, is not hindered to do what he has a will to.” In this chapter he affirms, “1. Fear and liberty are consistent ; generally all actions which' men do in commonwealths, for fear of the law, are actions which the doers had liberty to omit.”' “2. Liberty and necessity are consistent; therefore God, that seeth and disposeth all things, seeth also that the liberty of man in doing what he will, is accompanied with the necessity of doing that which God will, and no more nor less." “But men have made artificial chains, called civil laws, which they themselves, by mutual covenants, hare fastened at one end to the lips of the sovereign power, and at the other end to their own ears.' “ In relation to these bonds only it is that I am to speak now, of the liberty of subjects, which consistet h in liberty from covenants." “Such as is the liberty to buy, and sell, and otherwise contract with one another; to choose their own abode, their own diet, their own trade of life, and institute (i. e., bring up) their children as they themselves think fit ; and the like."
“ Nevertheless the liberty of the subject (is) consistent with the unlimited power of the sovereign.” “The liberty, whereof there is so frequent and honourable mention in the histories and philosophy of the ancient Greeks and Romans, and in the writings and discourse of those that from them have received all their learning in politics, is not the liberty of particular men, but the liberty of the commonwealth.” “ The Athenians and Romans were free; that is, free commonwealths : not that any particular men had the liberty to resist their own representative; but that their representative had the liberty to resist or invade other people.” “It is an easy thing for men to be deceived by the specious name of liberty; and, for want of judgment to distinguish, mistake that for their private inheritance and birth. right which is the right of the public only.” “In the act of our submission consisteth both our obligation and our liberty ; hence, 1. Subjects have liberty to defend their own bodies, even against them that lawfully invade them; and, 2. They are not bound to hurt themselves ; 3. Nor to engage in warfare unless they voluntarily undertake it.” “Other liberties depend on the silence of the law.” “Subjects are absolved of their obedience to their sovereign-1. In case of captivity ; 2. In case the sovereign cast off the government from himself and his heirs ; 3. In case of banishment; 4. In case the sovereign render himself subject to another."
“Of Systems Subject, Political and Private” (22). “By systems I understand any numbers of men joined in one interest or one business ; of which some are regular, and some irregular. Regular are those where one man, or assembly of men, is constituted representative of the whole num. ber. All other are irregular. Of regular some are absolute and independent, subject to none but their own representative.” “Others are depend
that is to say, subordinate to some sovereign power, to which every one, as also their representative, is subject. Of systems subordinate some are political, and some private. Political, otherwise called bodies politic, and persons in law." "Private are those which are constituted by subjects amongst themselves, or by authority from a stranger.” systems some are lawful, some unlawful. Lawful are those which are allowed by the compionwealth ; all other are unlawful.” “Irregular sys. tems are those which, having no representative, consist only of a concourse of people.” “In bodies politic the power of the representative is always limited; and that which prescribeth the limits thereof is the power sovereign. For .power unlimited is absolute sovereignty.” Of “the bounds of
“ And of private
power one is their writ, or letters from the sovereign : "the other is the law of the Commonwealth.” “The variety of bodies politic is almost infinite of a province, colony, or town." "If the sovereign power be in a great assembly, and a number of men, part of the assembly, without authority, consult a part, to contrive the guidance of the rest ; this is a faction, or conspiracy unlawful, as being a fraudulent seducing of the assembly for their particular interest.” “ Of the Public Ministers of Sovereign Power" (23). “A public minister is he that, by the sovereign, whether a monarch or an assembly, is employed in any affairs, with authority to represent in that employment the person of that commonwealth.” “Of public ministers some have charge committed to them of a general administration, either of a whole dominion or of a part thereof." “ Others have special administration; that is to say, charges of some special business, either at home or abroad." “For instruction of the people, for judicature, and for execution." “A body of counsellors are never without some other authority, either of judicature, or of immediate administration."
“Of the Nutrition and Procreation of a Commonwealth” (24). “The nutrition of a commonwealth consisteth in the plenty and distribution of materials conducing to life; in concoction, or preparation; and when concocted, in the conveyance of it, by convenient conduits, to the public use.' “This matter, commonly called commodities, is partly native and partly foreign: native, that which is to be had within the territory of the commonwealth; foreign, that which is imported from without.” “ The distribution of the materials of this nourishment is the constitution of mine, and thine, and his ; that is to say, in one word, propriety; and belongeth in all kinds of commonwealth to the sovereign power.” “ It belongeth to the common. wealth, that is to say, to the sovereign, to appoint in what manner all kinds of contract between subjects, as buying, selling, exchanging, borrowing, lending, letting, and taking to hire, are to be made ; and by what words and signs they shall be understood for valid.” “Money, of what matter soever, coined by the sovereign of a commonwealth, is a sufficient measure of the value of all things else, between the subjects of that commonwealth." * The conduits and ways by which it is conveyed to the public use are of two sorts ; one, that conveyeth it to the public coffers; the other, that issueth the same out again for public payments.” “When a colony is settled, they are either a commonwealth of themselves, discharged of their subjection to their sovereign that sent them, as hath been done by many commonwealths of ancient time, in which case the commonwealth from which they went was called their metropolis, or mother, and requires no more of them than fathers require of their children, whom they emancipate and make free from their domestic government, which is honour and friend. ship; or else they remain united to their metropolis, as were the colonies of the people of Rome; and then they are no commonwealths themselves, but provinces, and parts of thecommonwealth thatsent them.” “Of Counsel" (25). “ Command is where a man saith, do this, or do not this, without expecting other reason than the will of him that says it.” “ Counsel is where a man saith, do or do not this, and deduceth his reasons from the benefit that arriveth by it to him to whom he saith it.” “Between counsel and command one great difference is, that command is directed to a man's own benefit; and counsel to the benefit of another man." "He that giveth counsel to his sovereign, whether a monarch or an assembly, cannot in equity be punished for it, whether the same be conformable to the opinion
of the most or not, so it be to the proposition in debate." « Exchortatios and dehortation is counsel, accompanied with signs in him that giveth it, of vehement desire to have it followed; or to eay it more briefly, counsel vehemently pressed. For he that exhorteth encourages him he counselleth to action; as he that dehorteth deterreth him from it.” “We may set down for the first condition of a good counsellor, that his ends and interests be not inconsistent with the ends and interests of him he counselleth. Secondly, rash and unevident inferences, obscure, confused, and ambiguous expressions, also all metaphorical speeches, tending to the stirring up of passion, are repugnant to the office of a counsellor. Thirdly, no man is presumed to be a good counsellor but in such business as he hath not only been much versed in, but hath also much meditated on and considered. Fourthly, to be able to give counsel to a commonwealth, in a business that hath reference to another commonwealth, it is necessary to be acquainted with the intelligences and letters that come from thence, and with all the record of treaties and other transactions of state between them. And fifthly, supposing the number of counsellors equal, a man is better counselled by hearing them apart than in an assembly. A man that doth his business by the help of many and prudent counsellors, with every one consulting apart in his proper element, does it best. But he that is carried up and down to his business in a framed counsel, which cannot move but by the plurality of consenting opinions, the execution whereof is commonly out of envy or interest, retarded by the part dissenting, does it worst of all.” “Of Civil Laws" (26). By civil laws, I understand the laws that men are therefore bound to observe, because they are members, not of this or that commonwealth in particular, but of a commonwealth." “ Civil law is to every subject, those rules which the commonwealth hath commanded him, by word, writing, or other sufficient sign of the will, to make use of for the distinction of right and wrong; that is to say, of what is contrary and what is not contrary to the rule." “ Law was brought into the world for nothing else but to limit the natural liberty of particular men, in such a manner as they might not hurt, but assist one another, and join together against a common enemy." “The legislator is he, not by whose authority the laws were first made, but by whose authority they now continue to be laws." “All laws, written and unwritten, have their authority and force from the will of the commonwealth.” “ The two arms of a commonwealth are force and justice; the first whereof is in the king; the other deposited in the hands of the Parliament.” “Law made, not also made known, is no law."
“Nothing is law where the legislator cannot be known. There is, therefore, requisite not only a declaration of the law, but also sufficient signs of the author and authority by which all laws are sufficiently verified ; verificd I say, not authorized; for the verification is but the testimony and record, not the authority of the law. The law is verified (1) by the subordinate judge; (2) by the public registers ; (3) by letters patent and public seal." “ The interpretation of the law dependeth on the sovereign power. All laws, written and unwritten, have need of interpretation."
“Of Crimes, Excuses, and Extenuations (28). Å sin is not only a transgression of a law, but also any contempt of the legislator. For such contempt is a breach of all his laws at once.” "A crime is a sin consisting in the committing, by deel or word, of that which the law forbiddeth, or the omission of what it hath commanded. So every crime is a sin; but not erery sin a crime. The source of every crime is some defect of the understanding, or some error in reasoning, or some sudden force of the passions. Defect in the understanding is ignorance; in reasoning, erroneous opinion. Again, ignorance is of three sorts; of the law, and of the sovereign, and of the penalty." “No law, made after a fact done, can make it a crime.” “From defect in reasoning, that is to say, from error, men are prone to violate the laws three ways. First, by presumption of false principles : Secondly, by false teachers : Thirdly, by erroneous inferences from true principles." "The passions most frequently are the causes of crime.” * There is a place, not only for excuse, by which that which seemed a crime is proved to be none at all; but also for extenuation, by which the crime that seemed great is made less." "The same crime, when the accusation is in the name of the commonwealth, is called public crime : and when in the name of a private man, a private crime." "Of Punishment and Rewards (28).” “A punishment is an evil indicted by public authority on him that hath done or onitted that which is judged by the same authority to be a transgression of the law; to the end that the will of men may thereby the better be disposed to obedience." “Reward is either of gift, or by contract. When by contract, it is called salary and wagos ; which is benefit due for service performed or promised.” « Thus much will suffice for the nature of punishment and reward ; which are, as it were, the nerves and tendons that move the limbs and joints of a commonwealth.
“ Hitherto I have set forth the nature of man, whose pride and other passions have compelled him to submit himself
to government : together with the great power of his governor, whom I compared to leviathan, taking that comparison out of the two last verses of the forty-first chapter of Job; where God, having set forth the great power of leviathan, calleth him king of the proud. There is nothing, saith he, on earth to be compared with him. He is made so as not to be afraid. He seeth every high thing below him; and is king of all the children of pride. But because he is mortal, and subject to decay, as all other earthly creatures are; and because there is that in heaven, though not on earth, that he should stand in fear of, and whose laws he ought to obey, I shall in the next following chapters speak of his diseases and the causes of his mortality; and of what laws of nature he is bound to obey." “Of those things that tend to the Dissolution of a Commonwealth” (29). “Though nothing can be immortal which mortals make; yet commonwealths, by the nature of their institution, are designed to live as long as mankind, or as the laws of nature, or as justice itself, which gives them life. Among the infirmities, therefore, of a commonwealth, I will reckon, 1st, That a man, to obtain a kingdom, is sometimes content with less power than to the peace and defence of the commonwealth is necessarily required; 2nd, The poison of seditious doctrines, whereof one is, That every private man is judge of good and evil actions. Another doctrine repugnant to civil society is, 3rd, That whatsoever a man does against his conscience is sin. But it hath been commonly taught that faith and sanctity are not to be attained by study and reason, but bg supernatural inspiration, or infusion. Which granted, I see not why any man should take the law of his country, rather than his own inspiration, for the rule of his action. A 4th opinion repugnant to the nature of a commonwealth is this, that he that hath the sovereign power is subject to the civil laws. A 5th doctrine that tendeth to the dissolution of a commonwealth is, that every private man has an absolute propriety in