第 34 节
作者:打倒一切      更新:2021-02-21 15:40      字数:2838
  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 Jephtha did。
  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 such 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 nowhere 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。
  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 commonwealth; 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 of their rulers; 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 place it in a
  new form; or new hands; as they think good。
  THE END
  。