Second Treatise of Government

政府论第二篇

1689 · John Locke · 原文

SECOND TREATISE OF GOVERNMENT

政府论文二

by JOHN LOCKE

作者：约翰·洛克

Digitized by Dave Gowan.

由戴夫·高恩 (Dave Gowan) 数字化。

John Locke’s “Second Treatise of Government” was published in 1690.

约翰·洛克的《政府第二论》出版于 1690 年。

The complete unabridged text has been republished several times in edited commentaries.

完整的未删节文本已在编辑评论中多次重新出版。

This text is recovered entire from the paperback book, “John Locke Second Treatise of Government”, Edited, with an Introduction, By C.B.

本文全文摘自平装书《约翰·洛克第二篇政府论》，由 C.B. 编辑并附有简介。

McPherson, Hackett Publishing Company, Indianapolis and Cambridge, 1980.

麦克弗森，哈克特出版公司，印第安纳波利斯和剑桥，1980 年。

None of the McPherson edition is included in the Etext below; only the original words contained in the 1690 Locke text is included.

下面的 Etext 中不包含 McPherson 版本；仅包含 1690 年洛克文本中包含的原始单词。

The 1690 edition text is free of copyright.

1690 年版文本不受版权保护。

* * * * *

** ** ** **

TWO TREATISES OF GOVERNMENT

政府两篇论文

BY IOHN LOCKE

作者：约翰·洛克

SALUS POPULI SUPREMA LEX ESTO

最高人民法

LONDON PRINTED MDCLXXXVIII

伦敦印刷 MDCLXXXVIII

REPRINTED, THE SIXTH TIME, BY A.

第六次重印，作者：A.

MILLAR, H.

米勒，H.

WOODFALL, 1.

伍德福尔，1。

WHISTON AND B.

惠斯顿和 B.

WHITE, 1.

白色，1。

RIVINGTON, L.

里文顿，L.

DAVIS AND C.

戴维斯和 C.

REYMERS, R.

雷默斯，R.

BALDWIN, HAWES CLARKE AND COLLINS; W.

鲍德温、霍斯·克拉克和柯林斯； W.

IOHNSTON, W.

约翰斯顿，W.

OWEN, 1.

欧文，1。

RICHARDSON, S.

理查森，S.

CROWDER, T.

克劳德，T.

LONGMAN, B.

朗曼，B.

LAW, C.

洛，C.

RIVINGTON, E.

里文顿，E.

DILLY, R.

迪利，R.

WITHY, C.

威西，C.

AND R.

和R。

WARE, S.

韦尔，S.

BAKER, T.

贝克，T.

PAYNE, A.

佩恩，A.

SHUCKBURGH, 1.

沙克伯格，1。

HINXMAN

辛克斯曼

MDCCLXIII

TWO TREATISES OF GOVERNMENT.

两篇政府专着。

IN THE FORMER THE FALSE PRINCIPLES AND FOUNDATION OF SIR ROBERT FILMER AND HIS FOLLOWERS ARE DETECTED AND OVERTHROWN.

在前者中，罗伯特·菲尔默爵士及其追随者的错误原则和基础被发现并被推翻。

THE LATTER IS AN ESSAY CONCERNING THE TRUE ORIGINAL EXTENT AND END OF CIVIL GOVERNMENT.

后者是一篇关于文职政府的真正原始范围和终结的文章。

1764 EDITOR’S NOTE The present Edition of this Book has not only been collated with the first three Editions, which were published during the Author’s Life, but also has the Advantage of his last Corrections and Improvements, from a Copy delivered by him to Mr. Peter Coste, communicated to the Editor, and now lodged in Christ College, Cambridge.

1764 年编者注本书的当前版本不仅与作者在世时出版的前三版进行了校对，而且还吸收了作者最后的修正和改进的优点，该副本由他交付给彼得·科斯特先生，并转交给了编辑，现在存放在剑桥基督学院。

PREFACE

前言

Reader, thou hast here the beginning and end of a discourse concerning government; what fate has otherwise disposed of the papers that should have filled up the middle, and were more than all the rest, it is not worth while to tell thee.

读者，这里有关于政府的论述的开头和结尾；命运如何处理那些本来应该填满中间的文件，并且比其他所有文件都多，不值得告诉你。

These, which remain, I hope are sufficient to establish the throne of our great restorer, our present King William; to make good his title, in the consent of the people, which being the only one of all lawful governments, he has more fully and clearly, than any prince in Christendom; and to justify to the world the people of England, whose love of their just and natural rights, with their resolution to preserve them, saved the nation when it was on the very brink of slavery and ruin.

我希望剩下的这些足以为我们伟大的修复者、我们现在的威廉国王奠定王位。在人民的同意下，他的头衔是所有合法政府中唯一的，他比基督教世界的任何君主都拥有更充分、更明确的头衔；并向世界证明英格兰人民的正义和自然权利，他们热爱自己的正义和自然权利，决心保护这些权利，在国家处于奴役和毁灭的边缘时拯救了这个国家。

If these papers have that evidence, I flatter myself is to be found in them, there will be no great miss of those which are lost, and my reader may be satisfied without them: for I imagine, I shall have neither the time, nor inclination to repeat my pains, and fill up the wanting part of my answer, by tracing Sir Robert again, through all the windings and obscurities, which are to be met with in the several branches of his wonderful system.

如果这些论文有这样的证据，我自以为自己能在其中找到证据，那么就不会再有那些遗失的重大遗漏，而且即使没有它们，我的读者也可能会感到满意：因为我想，我将没有时间，也没有意愿重复我的痛苦，并通过再次追踪罗伯特爵士，穿过所有的曲折和晦涩，在他奇妙的系统的几个分支中遇到这些，来填补我答案中的不足部分。

The king, and body of the nation, have since so thoroughly confuted his Hypothesis, that I suppose no body hereafter will have either the confidence to appear against our common safety, and be again an advocate for slavery; or the weakness to be deceived with contradictions dressed up in a popular stile, and well-turned periods: for if any one will be at the pains, himself, in those parts, which are here untouched, to strip Sir Robert’s discourses of the flourish of doubtful expressions, and endeavour to reduce his words to direct, positive, intelligible propositions, and then compare them one with another, he will quickly be satisfied, there was never so much glib nonsense put together in well-sounding English.

国王和整个国家彻底驳斥了他的假设，我想今后没有人有信心反对我们的共同安全，并再次成为奴隶制的拥护者；或被流行的风格和精心设计的时期所伪装的矛盾所欺骗的弱点：因为如果有人愿意在那些此处未触及的部分中煞费苦心地剥去罗伯特爵士的话语中繁琐的可疑表达，并努力将他的话语简化为直接的，积极的，可理解的命题，然后将它们相互比较，他很快就会感到满意，从来没有这么多油嘴滑舌的废话放在一起。英语好听。

If he think it not worth while to examine his works all thro’, let him make an experiment in that part, where he treats of usurpation; and let him try, whether he can, with all his skill, make Sir Robert intelligible, and consistent with himself, or common sense.

如果他认为不值得从头到尾检查他的作品，那就让他在他讨论篡夺的那部分做一个实验；让他尝试一下，看看他能否凭借自己的技巧，使罗伯特爵士变得易于理解，并与他本人或常识相一致。

I should not speak so plainly of a gentleman, long since past answering, had not the pulpit, of late years, publicly owned his doctrine, and made it the current divinity of the times.

我不应该如此直白地谈论一位绅士，因为很久以前就没有回答过，没有在近几年的讲坛上公开承认他的学说，并使其成为当今时代的神。

It is necessary those men, who taking on them to be teachers, have so dangerously misled others, should be openly shewed of what authority this their Patriarch is, whom they have so blindly followed, that so they may either retract what upon so ill grounds they have vented, and cannot be maintained; or else justify those principles which they preached up for gospel; though they had no better an author than an English courtier: for I should not have writ against Sir Robert, or taken the pains to shew his mistakes, inconsistencies, and want of (what he so much boasts of, and pretends wholly to build on) scripture-proofs, were there not men amongst us, who, by crying up his books, and espousing his doctrine, save me from the reproach of writing against a dead adversary.

那些以他们为师、如此危险地误导了他人的人，有必要公开表明他们的族长是什么权威，他们如此盲目地追随他，这样他们要么收回他们因如此不正当的理由而发泄的言论，而无法维持下去；或者证明他们为福音而宣扬的那些原则是合理的；尽管他们的作者并不比英国廷臣更好：因为如果我们中间没有人，通过高喊他的书，拥护他的学说，使我免受写作反对死去的对手的耻辱，我就不会写信反对罗伯特爵士，或者煞费苦心地指出他的错误、前后矛盾和缺乏（他如此吹嘘的，并假装完全建立在其基础上的）经文证据。

They have been so zealous in this point, that, if I have done him any wrong, I cannot hope they should spare me.

他们在这一点上如此热心，如果我做错了他，我不能指望他们饶过我。

I wish, where they have done the truth and the public wrong, they would be as ready to redress it, and allow its just weight to this reflection, viz.

我希望，当他们做错了事实和公众的事情时，他们会准备好纠正它，并让其公正地重视这一反思，即。

that there cannot be done a greater mischief to prince and people, than the propagating wrong notions concerning government; that so at last all times might not have reason to complain of the Drum Ecclesiastic.

没有什么比传播有关政府的错误观念对君主和人民造成更大的危害了；这样一来，终于没有理由抱怨鼓教士了。

If any one, concerned really for truth, undertake the confutation of my Hypothesis, I promise him either to recant my mistake, upon fair conviction; or to answer his difficulties.

如果任何真正关心真理的人要反驳我的假设，我向他保证，要么在公正的信念下撤销我的错误；要么放弃我的错误。或解答他的困难。

But he must remember two things.

但他必须记住两件事。

First, That cavilling here and there, at some expression, or little incident of my discourse, is not an answer to my book.

首先，对我的某些表达或话语中的小事件时不时地吹毛求疵，并不是对我的书的回答。

Secondly, That I shall not take railing for arguments, nor think either of these worth my notice, though I shall always look on myself as bound to give satisfaction to any one, who shall appear to be conscientiously scrupulous in the point, and shall shew any just grounds for his scruples.

其次，我不会把批评当作论据，也不认为其中任何一个值得我注意，尽管我总是认为自己有义务让任何人感到满意，只要他在这一点上表现得认真谨慎，并为他的谨慎表明任何正当理由。

I have nothing more, but to advertise the reader, that Observations stands for Observations on Hobbs, Milton, &c.

我没有更多的内容，只是为了向读者宣传，“观察”代表“对霍布斯、弥尔顿等人的观察”。

and that a bare quotation of pages always means pages of his Patriarcha, Edition 1680.

仅仅引用几页总是意味着他的《Patriarcha》（1680 年版）中的几页。

Book II

第二册

CHAPTER.

章。

我。

AN ESSAY CONCERNING THE TRUE ORIGINAL, EXTENT AND END OF CIVIL GOVERNMENT

关于民事政府的真正起源、范围和终结的文章

Sect.

教派。

It having been shewn in the foregoing discourse,

前面的论述已经表明，

(1).

(1)。

That Adam had not, either by natural right of fatherhood, or by positive donation from God, any such authority over his children, or dominion over the world, as is pretended:

亚当没有，无论是自然的父亲权利，还是上帝的积极捐赠，对他的孩子有任何这样的权威，或者对世界的统治权，正如所假装的那样：

(2).

(2)。

That if he had, his heirs, yet, had no right to it:

即使他有，他的继承人也没有权利：

(3).

(3)。

That if his heirs had, there being no law of nature nor positive law of God that determines which is the right heir in all cases that may arise, the right of succession, and consequently of bearing rule, could not have been certainly determined:

如果他的继承人有，在所有可能出现的情况下，没有自然法或上帝的成文法来决定谁是正确的继承人，那么继承权以及由此产生的统治权就无法确定：

(4).

(4)。

That if even that had been determined, yet the knowledge of which is the eldest line of Adam’s posterity, being so long since utterly lost, that in the races of mankind and families of the world, there remains not to one above another, the least pretence to be the eldest house, and to have the right of inheritance:

即使这一点已经确定，但亚当后裔最古老的血统的知识早已完全失传，因此在人类种族和世界家庭中，没有任何一个高于另一个，最没有借口成为最古老的家族，并拥有继承权：

All these premises having, as I think, been clearly made out, it is impossible that the rulers now on earth should make any benefit, or derive any the least shadow of authority from that, which is held to be the fountain of all power, Adam’s private dominion and paternal jurisdiction; so that he that will not give just occasion to think that all government in the world is the product only of force and violence, and that men live together by no other rules but that of beasts, where the strongest carries it, and so lay a foundation for perpetual disorder and mischief, tumult, sedition and rebellion, (things that the followers of that hypothesis so loudly cry out against) must of necessity find out another rise of government, another original of political power, and another way of designing and knowing the persons that have it, than what Sir Robert Filmer hath taught us.

我认为，所有这些前提都已明确阐明，现在地球上的统治者不可能从亚当的私人统治和父权管辖权这一被认为是一切权力的源泉的统治者中获得任何利益，或获得任何最微弱的权威。因此，如果有人认为世界上所有的政府都只是武力和暴力的产物，人们生活在一起，除了野兽的规则外，没有其他规则，而最强大的人则遵循这些规则，从而为永久的混乱和恶作剧、骚乱、叛乱和叛乱奠定了基础（这一假设的追随者强烈反对这些事情），他就必须找到另一种政府的崛起，另一种政治权力的起源，以及另一种设计和了解那些人的方式。拥有它，而不是罗伯特·菲尔默爵士教给我们的。

Sect.

教派。

To this purpose, I think it may not be amiss, to set down what I take to be political power; that the power of a MAGISTRATE over a subject may be distinguished from that of a FATHER over his children, a MASTER over his servant, a HUSBAND over his wife, and a LORD over his slave.

为此，我认为规定我所认为的政治权力或许并无不妥；行政长官对臣民的权力可以与父亲对子女的权力、主人对仆人的权力、丈夫对妻子的权力以及主对奴隶的权力区别开来。

All which distinct powers happening sometimes together in the same man, if he be considered under these different relations, it may help us to distinguish these powers one from wealth, a father of a family, and a captain of a galley.

所有这些不同的权力有时同时发生在同一个人身上，如果在这些不同的关系下考虑他，这可能有助于我们将这些权力与财富、家庭的父亲和战船的船长区分开来。

Sect.

教派。

POLITICAL POWER, then, I take to be a RIGHT of making laws with penalties of death, and consequently all less penalties, for the regulating and preserving of property, and of employing the force of the community, in the execution of such laws, and in the defence of the commonwealth from foreign injury; and all this only for the public good.

那么，我认为政治权力是一种制定法律的权利，其刑罚是死刑，因此是所有较轻的刑罚，用于管理和保护财产，以及在执行此类法律时运用社会力量，以及保卫联邦免受外国伤害；而这一切只是为了公众利益。

CHAPTER.

章。

II.

二.

OF THE STATE OF NATURE.

自然状态。

Sect.

教派。

TO understand political power right, and derive it from its original, we must consider, what state all men are naturally in, and that is, a state of perfect freedom to order their actions, and dispose of their possessions and persons, as they think fit, within the bounds of the law of nature, without asking leave, or depending upon the will of any other man.

为了理解政治权力的正确性，并从其原初推导出来，我们必须考虑，所有人自然处于什么状态，即一种完全自由的状态，可以在自然法的范围内按照他们认为合适的方式安排他们的行动，并处置他们的财产和人身，无需征求许可，也无需依赖任何其他人的意愿。

A state also of equality, wherein all the power and jurisdiction is reciprocal, no one having more than another; there being nothing more evident, than that creatures of the same species and rank, promiscuously born to all the same advantages of nature, and the use of the same faculties, should also be equal one amongst another without subordination or subjection, unless the lord and master of them all should, by any manifest declaration of his will, set one above another, and confer on him, by an evident and clear appointment, an undoubted right to dominion and sovereignty.

也是一个平等的国家，其中所有的权力和管辖权都是相互的，没有人比另一个人拥有更多的权力；没有什么比这一点更明显的了，即同一物种和等级的生物，混杂地生来具有相同的自然优势，并使用相同的能力，彼此之间也应该是平等的，没有从属或服从，除非它们的主人和主人通过任何明确的意志声明，将一个高于另一个，并通过明显和明确的任命，授予他毫无疑问的统治和主权权利。

Sect.

教派。

This equality of men by nature, the judicious Hooker looks upon as so evident in itself, and beyond all question, that he makes it the foundation of that obligation to mutual love amongst men, on which he builds the duties they owe one another, and from whence he derives the great maxims of justice and charity.

明智的胡克认为，人性平等本身就是显而易见的，毫无疑问，他将其作为人与人之间相互爱的义务的基础，在此基础上，他建立了彼此应尽的义务，并从中导出了正义和慈善的伟大格言。

His words are,

他的话是，

/# The like natural inducement hath brought men to know that it is no less their duty, to love others than themselves; for seeing those things which are equal, must needs all have one measure; if I cannot but wish to receive good, even as much at every man’s hands, as any man can wish unto his own soul, how should I look to have any part of my desire herein satisfied, unless myself be careful to satisfy the like desire, which is undoubtedly in other men, being of one and the same nature?

/# 同样的自然诱因使人们知道爱别人胜过爱自己同样是他们的责任；因为看到那些平等的事物，必须都需要有一个尺度；如果我不能不希望从每个人的手中得到好处，就像每个人对自己的灵魂所希望的一样多，那么我应该如何看待我的愿望的任何部分得到满足，除非我自己小心地满足同样的愿望，而这种愿望无疑也存在于其他人身上，具有相同的性质？

To have any thing offered them repugnant to this desire, must needs in all respects grieve them as much as me; so that if I do harm, I must look to suffer, there being no reason that others should shew greater measure of love to me, than they have by me shewed unto them: my desire therefore to be loved of my equals in nature as much as possible may be, imposeth upon me a natural duty of bearing to them-ward fully the like affection; from which relation of equality between ourselves and them that are as ourselves, what several rules and canons natural reason hath drawn, for direction of life, no man is ignorant, Eccl.

如果他们向他们提供任何与这种愿望相抵触的东西，他们一定会像我一样在各方面感到悲伤。因此，如果我做了坏事，我就必须忍受痛苦，因为没有理由让别人对我表现出比我对他们表现出的更大的爱。因此，我渴望尽可能地被与我同等的人所爱，这使我有一种自然的义务，对他们充满同样的感情；从我们与与我们相似的人之间的平等关系中，自然理性所得出的一些规则和准则，对于生活的方向，没有人是无知的，传道书。

Pol.

波尔。

Lib.

库。

Sect.

教派。

But though this be a state of liberty, yet it is not a state of licence: though man in that state have an uncontroulable liberty to dispose of his person or possessions, yet he has not liberty to destroy himself, or so much as any creature in his possession, but where some nobler use than its bare preservation calls for it.

但是，虽然这是一种自由状态，但它不是一种放纵状态：尽管在这种状态下，人有不受控制的自由来处置他的人身或财产，但他没有自由毁灭自己，或者毁灭他所拥有的任何生物，除非有比纯粹保存更崇高的用途。

The state of nature has a law of nature to govern it, which obliges every one: and reason, which is that law, teaches all mankind, who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions: for men being all the workmanship of one omnipotent, and infinitely wise maker; all the servants of one sovereign master, sent into the world by his order, and about his business; they are his property, whose workmanship they are, made to last during his, not one another’s pleasure: and being furnished with like faculties, sharing all in one community of nature, there cannot be supposed any such subordination among us, that may authorize us to destroy one another, as if we were made for one another’s uses, as the inferior ranks of creatures are for our’s.

自然状态有一条自然法则来支配它，它对每个人都有义务：而理性，也就是这条法则，教导所有愿意咨询它的人类，因为所有人都是平等和独立的，任何人都不应伤害他人的生命、健康、自由或财产：因为人是一个全能、无限智慧的创造者的全部杰作；因此，人人都应该受到法律的保护。一位至高无上的主人的所有仆人，按照他的命令派到这个世界上，从事他的事务；它们是他的财产，他们的作品是他的作品，在他的期间持续存在，而不是彼此的快乐：并且具有相似的能力，在一个自然共同体中共享一切，所以不能认为我们中间有任何这样的从属关系，这可能授权我们互相毁灭，仿佛我们是为彼此的使用而生的，就像低等生物为我们的使用而生一样。

Every one, as he is bound to preserve himself, and not to quit his station wilfully, so by the like reason, when his own preservation comes not in competition, ought he, as much as he can, to preserve the rest of mankind, and may not, unless it be to do justice on an offender, take away, or impair the life, or what tends to the preservation of the life, the liberty, health, limb, or goods of another.

每个人都有义务保护自己，而不是故意放弃自己的立场，因此，出于同样的原因，当他自己的保护不存在竞争时，他应该尽其所能保护其他人类，并且不得剥夺或损害他人的生命，或者有助于保护他人的生命、自由、健康、肢体或财产的东西，除非是为了对罪犯伸张正义。

Sect.

教派。

And that all men may be restrained from invading others rights, and from doing hurt to one another, and the law of nature be observed, which willeth the peace and preservation of all mankind, the execution of the law of nature is, in that state, put into every man’s hands, whereby every one has a right to punish the transgressors of that law to such a degree, as may hinder its violation: for the law of nature would, as all other laws that concern men in this world be in vain, if there were no body that in the state of nature had a power to execute that law, and thereby preserve the innocent and restrain offenders.

为了限制所有人侵犯他人的权利，防止互相伤害，并遵守自然法，这将促进全人类的和平和保护，在这种情况下，自然法的执行被置于每个人的手中，因此每个人都有权惩罚违反该法的人，以达到可能阻止其违反的程度：因为如果没有实体，自然法将像这个世界上有关人类的所有其他法律一样徒劳无功。在自然状态下有权执行该法律，从而保护无辜者并限制犯罪者。

And if any one in the state of nature may punish another for any evil he has done, every one may do so: for in that state of perfect equality, where naturally there is no superiority or jurisdiction of one over another, what any may do in prosecution of that law, every one must needs have a right to do.

如果在自然状态下任何一个人可以惩罚另一个人所犯的任何恶行，那么每个人都可以这样做：因为在完全平等的状态下，自然不存在一个人相对于另一个人的优越性或管辖权，任何人在起诉该法律时可以做什么，每个人都必须有权利去做。

Sect.

教派。

And thus, in the state of nature, one man comes by a power over another; but yet no absolute or arbitrary power, to use a criminal, when he has got him in his hands, according to the passionate heats, or boundless extravagancy of his own will; but only to retribute to him, so far as calm reason and conscience dictate, what is proportionate to his transgression, which is so much as may serve for reparation and restraint: for these two are the only reasons, why one man may lawfully do harm to another, which is that we call punishment.

因此，在自然状态下，一个人通过一种力量凌驾于另一个人之上。但是，当罪犯掌握在手中时，并没有绝对或专断的权力，可以根据他自己的意志的热情或无限的奢侈来使用他；但只要冷静的理性和良心决定，对他进行报复，与他的违法行为相称，这最多可以起到补偿和克制的作用：因为这两个是一个人可以合法地伤害另一个人的唯一原因，这就是我们所说的惩罚。

In transgressing the law of nature, the offender declares himself to live by another rule than that of reason and common equity, which is that measure God has set to the actions of men, for their mutual security; and so he becomes dangerous to mankind, the tye, which is to secure them from injury and violence, being slighted and broken by him.

在违反自然法的过程中，犯罪者宣称自己遵循的是理性和共同公平之外的另一种规则，而理性和共同公平是上帝为人类的共同安全而制定的衡量人类行为的标准；因此，他对人类来说是危险的，是保护人类免受伤害和暴力的纽带，被他轻视和破坏。

Which being a trespass against the whole species, and the peace and safety of it, provided for by the law of nature, every man upon this score, by the right he hath to preserve mankind in general, may restrain, or where it is necessary, destroy things noxious to them, and so may bring such evil on any one, who hath transgressed that law, as may make him repent the doing of it, and thereby deter him, and by his example others, from doing the like mischief.

这是对整个物种及其和平与安全的侵犯，这是自然法所规定的，因此，每个人都有权保护整个人类，可以限制或在必要时摧毁对他们有害的事物，因此可以给任何违反该自然法的人带来邪恶，使他悔罪，从而阻止他和其他人做同样的恶作剧。

And in the case, and upon this ground, EVERY MAN HATH A RIGHT TO PUNISH THE OFFENDER, AND BE EXECUTIONER OF THE LAW OF NATURE.

在这种情况下，基于这个理由，每个人都有权惩罚犯罪者，并成为自然法的执行者。

Sect.

教派。

I doubt not but this will seem a very strange doctrine to some men: but before they condemn it, I desire them to resolve me, by what right any prince or state can put to death, or punish an alien, for any crime he commits in their country.

我毫不怀疑，但这对某些人来说似乎是一个非常奇怪的学说：但在他们谴责它之前，我希望他们解决我的问题，任何王子或国家有什么权利可以处死或惩罚外国人，因为他在他们的国家犯下了任何罪行。

It is certain their laws, by virtue of any sanction they receive from the promulgated will of the legislative, reach not a stranger: they speak not to him, nor, if they did, is he bound to hearken to them.

可以肯定的是，他们的法律，凭借从立法者颁布的意愿中获得的任何制裁，不会到达陌生人：他们不与他交谈，即使他们这样做，他也没有义务听取他们的意见。

The legislative authority, by which they are in force over the subjects of that commonwealth, hath no power over him.

立法机关对联邦的臣民有效，但对他没有权力。

Those who have the supreme power of making laws in England, France or Holland, are to an Indian, but like the rest of the world, men without authority: and therefore, if by the law of nature every man hath not a power to punish offences against it, as he soberly judges the case to require, I see not how the magistrates of any community can punish an alien of another country; since, in reference to him, they can have no more power than what every man naturally may have over another.

在英国、法国或荷兰，那些拥有制定法律最高权力的人对印度人来说是无权的人，但和世界其他地方一样，他们是没有权力的人：因此，如果根据自然法，每个人都没有权力惩罚违反自然法的罪行，正如他清醒地判断案件所要求的那样，我看不出任何社区的法官如何能够惩罚另一个国家的外国人；因为，就他而言，他们所拥有的权力不会比每个人自然对另一个人拥有的权力更大。

Sect, 10.

教派，10。

Besides the crime which consists in violating the law, and varying from the right rule of reason, whereby a man so far becomes degenerate, and declares himself to quit the principles of human nature, and to be a noxious creature, there is commonly injury done to some person or other, and some other man receives damage by his transgression: in which case he who hath received any damage, has, besides the right of punishment common to him with other men, a particular right to seek reparation from him that has done it: and any other person, who finds it just, may also join with him that is injured, and assist him in recovering from the offender so much as may make satisfaction for the harm he has suffered.

除了违反法律、偏离正确的理性规则的犯罪之外，即一个人已经堕落，并宣称自己放弃了人性原则，成为一个有害的生物，通常还会对某人或其他人造成伤害，而另一个人因他的违法行为而受到损害：在这种情况下，受到任何损害的人，除了与其他人共同受到惩罚的权利外，还有一项向肇事者寻求赔偿的特殊权利：其他认为正义的人也可以加入受伤者的行列，并帮助他从犯罪者身上恢复过来，以补偿他所遭受的伤害。

Sect.

教派。

11.

From these two distinct rights, the one of punishing the crime for restraint, and preventing the like offence, which right of punishing is in every body; the other of taking reparation, which belongs only to the injured party, comes it to pass that the magistrate, who by being magistrate hath the common right of punishing put into his hands, can often, where the public good demands not the execution of the law, remit the punishment of criminal offences by his own authority, but yet cannot remit the satisfaction due to any private man for the damage he has received.

从这两种不同的权利来看，一种是惩罚限制犯罪的权利，一种是防止类似犯罪的权利，这种惩罚权是每个人的；另一方面，赔偿只属于受害方，因此，法官作为法官拥有共同的惩罚权，在公共利益不要求执行法律的情况下，常常可以凭借自己的权力免除对刑事犯罪的惩罚，但不能免除任何私人对其所受到的损害的赔偿。

That, he who has suffered the damage has a right to demand in his own name, and he alone can remit: the damnified person has this power of appropriating to himself the goods or service of the offender, by right of self-preservation, as every man has a power to punish the crime, to prevent its being committed again, by the right he has of preserving all mankind, and doing all reasonable things he can in order to that end: and thus it is, that every man, in the state of nature, has a power to kill a murderer, both to deter others from doing the like injury, which no reparation can compensate, by the example of the punishment that attends it from every body, and also to secure men from the attempts of a criminal, who having renounced reason, the common rule and measure God hath given to mankind, hath, by the unjust violence and slaughter he hath committed upon one, declared war against all mankind, and therefore may be destroyed as a lion or a tyger, one of those wild savage beasts, with whom men can have no society nor security: and upon this is grounded that great law of nature, Whoso sheddeth man’s blood, by man shall his blood be shed.

遭受损害的人有权以自己的名义提出要求，并且只有他才能免除：受诅咒的人有权出于自我保护的目的，将犯罪者的货物或服务据为己有，因为每个人都有权力惩罚犯罪，防止犯罪再次发生，通过他拥有保护全人类的权利，并为此目的采取一切合理的行动：因此，每个人在自然状态下都有权杀死一个杀人犯，既是为了阻止其他人做出同样的伤害，这种伤害是无法弥补的，通过来自每个人的惩罚作为榜样，也是为了保护人们免受罪犯的企图，罪犯放弃了理性，上帝赋予人类的共同规则和尺度，通过对人类实施的不公正的暴力和屠杀，向全人类宣战，因此可能像狮子或老虎一样被消灭，它们是野生动物中的一种。野蛮的野兽，人类与它们没有社会关系，也没有安全感：这是伟大的自然法则的基础，即凡流人的血，他的血也将被人流。

And Cain was so fully convinced, that every one had a right to destroy such a criminal, that after the murder of his brother, he cries out, Every one that findeth me, shall slay me; so plain was it writ in the hearts of all mankind.

该隐深信每个人都有权消灭这样的罪犯，因此在他的兄弟被杀后，他大声喊道：“凡找到我的，都要杀了我”。它如此清楚地写在全人类的心中。

Sect.

教派。

12.

By the same reason may a man in the state of nature punish the lesser breaches of that law.

出于同样的原因，处于自然状态的人可以惩罚较轻的违反该法律的行为。

It will perhaps be demanded, with death?

也许会被要求，死亡？

I answer, each transgression may be punished to that degree, and with so much severity, as will suffice to make it an ill bargain to the offender, give him cause to repent, and terrify others from doing the like.

我的回答是，每一次违法行为都可能受到一定程度的惩罚，而且惩罚的严厉程度足以使犯罪者成为一笔不划算的交易，让他有理由悔改，并恐吓其他人不要这样做。

Every offence, that can be committed in the state of nature, may in the state of nature be also punished equally, and as far forth as it may, in a commonwealth: for though it would be besides my present purpose, to enter here into the particulars of the law of nature, or its measures of punishment; yet, it is certain there is such a law, and that too, as intelligible and plain to a rational creature, and a studier of that law, as the positive laws of commonwealths; nay, possibly plainer; as much as reason is easier to be understood, than the fancies and intricate contrivances of men, following contrary and hidden interests put into words; for so truly are a great part of the municipal laws of countries, which are only so far right, as they are founded on the law of nature, by which they are to be regulated and interpreted.

在自然状态下可能犯下的每一种罪行，在自然状态下也可以受到同等的惩罚，并且在联邦内尽可能受到惩罚：因为尽管在这里讨论自然法的细节或其惩罚措施超出了我目前的目的；然而，可以肯定的是，存在这样一条法律，而且对于理性生物和该法律的研究人员来说，它也像联邦的实在法一样容易理解和明白；不，可能更简单；尽管理性比人类的幻想和复杂的设计更容易理解，但它们遵循的是用语言表达的相反和隐藏的利益。因为各国国内法的很大一部分确实如此，但它们只是在一定程度上是正确的，因为它们建立在自然法的基础上，并受自然法的规范和解释。

Sect.

教派。

13.

To this strange doctrine, viz.

对于这个奇怪的学说，即。

That in the state of nature every one has the executive power of the law of nature, I doubt not but it will be objected, that it is unreasonable for men to be judges in their own cases, that self-love will make men partial to themselves and their friends: and on the other side, that ill nature, passion and revenge will carry them too far in punishing others; and hence nothing but confusion and disorder will follow, and that therefore God hath certainly appointed government to restrain the partiality and violence of men.

在自然状态下，每个人都拥有自然法的执行权，我对此毫不怀疑，但也会有人反对，认为人在自己的案件中担任法官是不合理的，自爱会使人偏爱自己和朋友；另一方面，邪恶的本性、激情和报复会使他们在惩罚他人时走得太远；因此，随之而来的只会是混乱和无序，因此上帝确实任命了政府来抑制人的偏袒和暴力。

I easily grant, that civil government is the proper remedy for the inconveniencies of the state of nature, which must certainly be great, where men may be judges in their own case, since it is easy to be imagined, that he who was so unjust as to do his brother an injury, will scarce be so just as to condemn himself for it: but I shall desire those who make this objection, to remember, that absolute monarchs are but men; and if government is to be the remedy of those evils, which necessarily follow from men’s being judges in their own cases, and the state of nature is therefore not to be endured, I desire to know what kind of government that is, and how much better it is than the state of nature, where one man, commanding a multitude, has the liberty to be judge in his own case, and may do to all his subjects whatever he pleases, without the least liberty to any one to question or controul those who execute his pleasure?

我很容易承认，公民政府是对自然状态不便的适当补救措施，自然状态的不便肯定是巨大的，因为人们可以在自己的案件中担任法官，因为很容易想象，那些不公正地伤害了他的兄弟的人，很少会公正地为此谴责自己：但我希望那些提出这种反对意见的人记住，绝对君主也只是人；如果政府是人们在自己的案件中担任法官所必然产生的那些罪恶的补救办法，那么自然状态是不应该被忍受的，我想知道那是一种什么样的政府，它比自然状态好多少，在自然状态下，一个人指挥着一群人，有自由审判自己的案件，可以对所有臣民为所欲为，而任何人都没有质疑或控制那些执行他的命令的人的自由。高兴吗？

and in whatsoever he doth, whether led by reason, mistake or passion, must be submitted to?

他所做的一切，无论是出于理性、错误还是激情，都必须服从？

much better it is in the state of nature, wherein men are not bound to submit to the unjust will of another: and if he that judges, judges amiss in his own, or any other case, he is answerable for it to the rest of mankind.

在自然状态下情况要好得多，在自然状态下，人们没有义务屈服于他人的不公正意志：如果一个人在自己的案件或任何其他案件中做出了错误的判断，他就要对其他人类负责。

Sect.

教派。

14.

It is often asked as a mighty objection, where are, or ever were there any men in such a state of nature?

人们经常提出一个强烈的反对意见：现在或曾经有过处于这种自然状态的人吗？

To which it may suffice as an answer at present, that since all princes and rulers of independent governments all through the world, are in a state of nature, it is plain the world never was, nor ever will be, without numbers of men in that state.

目前对此的回答可能就足够了，因为世界各地独立政府的所有君主和统治者都处于自然状态，很明显，世界从来没有、也永远不会没有处于这种状态的人数。

I have named all governors of independent communities, whether they are, or are not, in league with others: for it is not every compact that puts an end to the state of nature between men, but only this one of agreeing together mutually to enter into one community, and make one body politic; other promises, and compacts, men may make one with another, and yet still be in the state of nature.

我已经列出了所有独立共同体的统治者的名字，无论他们是否与其他共同体结盟：因为并不是每一份契约都能终结人与人之间的自然状态，而只有相互同意加入一个共同体，使一个政治体成为一个整体的契约；因此，所有独立共同体的统治者都必须遵守这一契约。人们可以彼此做出其他承诺和契约，但仍然处于自然状态。

The promises and bargains for truck, &c.

卡车等的承诺和讨价还价。

between the two men in the desert island, mentioned by Garcilasso de la Vega, in his history of Peru; or between a Swiss and an Indian, in the woods of America, are binding to them, though they are perfectly in a state of nature, in reference to one another: for truth and keeping of faith belongs to men, as men, and not as members of society.

加尔西拉索·德拉·维加在他的秘鲁历史中提到过，荒岛上的两个人之间的关系；或在美国森林里的瑞士人和印第安人之间，尽管他们完全处于自然状态，但彼此之间都具有约束力：因为真理和信守信仰属于人类，作为人类，而不是作为社会成员。

Sect.

教派。

15.

To those that say, there were never any men in the state of nature, I will not only oppose the authority of the judicious Hooker, Eccl.

对于那些说从来没有任何人处于自然状态的人，我不仅会反对明智的胡克的权威，Eccl。

Pol.

波尔。

lib.

库。

我。

sect.

教派。

10, where he says,

10，他说，

/# The laws which have been hitherto mentioned, i.e. the laws of nature, do bind men absolutely, even as they are men, although they have never any settled fellowship, never any solemn agreement amongst themselves what to do, or not to do: but forasmuch as we are not by ourselves sufficient to furnish ourselves with competent store of things, needful for such a life as our nature doth desire, a life fit for the dignity of man; therefore to supply those defects and imperfections which are in us, as living single and solely by ourselves, we are naturally induced to seek communion and fellowship with others: this was the cause of men’s uniting themselves at first in politic societies.

/# 迄今为止提到的法律，即自然法，确实对人具有绝对的约束力，即使他们是人，尽管他们之间从来没有任何固定的团契，从来没有在他们之间达成任何做什么或不做什么的庄严协议：但是因为我们自己不足以为自己提供充足的东西，而这些东西是我们本性所渴望的生活所必需的，一种适合人的尊严的生活;因此，为了弥补我们身上的缺陷和不完美，作为单身和独自生活的人，我们自然而然地寻求与他人的交流和团契：这是人们最初在政治社会中团结起来的原因。

But I moreover affirm, that all men are naturally in that state, and remain so, till by their own consents they make themselves members of some politic society; and I doubt not in the sequel of this discourse, to make it very clear.

但我还断言，所有人都自然地处于这种状态，并且一直如此，直到他们自己同意成为某个政治社会的成员为止。我怀疑不会在本次演讲的后续部分中将其说得非常清楚。

CHAPTER.

章。

III.

三．

OF THE STATE OF WAR.

战争状态。

Sect.

教派。

16.

THE state of war is a state of enmity and destruction: and therefore declaring by word or action, not a passionate and hasty, but a sedate settled design upon another man’s life, puts him in a state of war with him against whom he has declared such an intention, and so has exposed his life to the other’s power to be taken away by him, or any one that joins with him in his defence, and espouses his quarrel; it being reasonable and just, I should have a right to destroy that which threatens me with destruction: for, by the fundamental law of nature, man being to be preserved as much as possible, when all cannot be preserved, the safety of the innocent is to be preferred: and one may destroy a man who makes war upon him, or has discovered an enmity to his being, for the same reason that he may kill a wolf or a lion; because such men are not under the ties of the commonlaw of reason, have no other rule, but that of force and violence, and so may be treated as beasts of prey, those dangerous and noxious creatures, that will be sure to destroy him whenever he falls into their power.

战争状态是一种敌对和毁灭的状态：因此，通过言语或行动，不是热情和仓促，而是对另一个人的生命提出一个稳重的计划，使他与他所宣布的这种意图的人处于战争状态，从而使他的生命暴露在另一个人的权力之下，被他或任何与他一起保卫他并支持他的争吵的人夺走；如果是合理且公正的，我应该有权摧毁那些威胁我毁灭的东西：因为，根据自然的基本法则，当一切都无法得到保护时，人应该被尽可能地保护起来，无辜者的安全是优先考虑的：一个人可以摧毁一个对他发动战争的人，或者发现一个对他的存在有敌意的人，出于同样的原因，他可以杀死一只狼或一头狮子；因为这些人不受理性普通法的约束，除了武力和暴力之外没有其他规则，因此可能被视为猛兽，那些危险而有毒的生物，只要他落入他们的权力之下，他们就一定会毁灭他。

Sect.

教派。

17.

And hence it is, that he who attempts to get another man into his absolute power, does thereby put himself into a state of war with him; it being to be understood as a declaration of a design upon his life: for I have reason to conclude, that he who would get me into his power without my consent, would use me as he pleased when he had got me there, and destroy me too when he had a fancy to it; for no body can desire to have me in his absolute power, unless it be to compel me by force to that which is against the right of my freedom, i.e. make me a slave.

因此，如果一个人试图让另一个人拥有绝对的权力，他就等于让自己陷入了与另一个人的战争状态。这可以被理解为对他的生命的计划的宣告：因为我有理由得出结论，那些未经我同意而将我置于他的权力之下的人，当他得到我时，他会随心所欲地利用我，当他喜欢时也会毁灭我。因为没有人愿意让我处于他的绝对权力之下，除非用武力强迫我去做违背我自由权的事，即让我成为奴隶。

To be free from such force is the only security of my preservation; and reason bids me look on him, as an enemy to my preservation, who would take away that freedom which is the fence to it; so that he who makes an attempt to enslave me, thereby puts himself into a state of war with me.

摆脱这种力量是我得以保存的唯一保障。理性要求我将他视为我生存的敌人，他会夺走作为我的栅栏的自由。因此，那些企图奴役我的人，就等于与我陷入了战争状态。

He that, in the state of nature, would take away the freedom that belongs to any one in that state, must necessarily be supposed to have a design to take away every thing else, that freedom being the foundation of all the rest; as he that, in the state of society, would take away the freedom belonging to those of that society or commonwealth, must be supposed to design to take away from them every thing else, and so be looked on as in a state of war.

在自然状态下，如果一个人想要剥夺属于该状态下任何人的自由，那么他必然有一个计划来剥夺其他一切，而自由是其他一切的基础；正如他在社会状态下剥夺属于该社会或联邦的自由一样，也必须设计剥夺他们的一切其他东西，因此被视为处于战争状态。

Sect.

教派。

18.

This makes it lawful for a man to kill a thief, who has not in the least hurt him, nor declared any design upon his life, any farther than, by the use of force, so to get him in his power, as to take away his money, or what he pleases, from him; because using force, where he has no right, to get me into his power, let his pretence be what it will, I have no reason to suppose, that he, who would take away my liberty, would not, when he had me in his power, take away every thing else.

这使得一个人杀死一个小偷是合法的，而小偷没有伤害他，也没有对他的生命表明任何意图，除了使用武力，以便让他落入他的手中，从他身上夺走他的钱或他喜欢的东西；因为在他没有权利的情况下使用武力让我落入他的权力之下，无论他的假装如何，我没有理由认为，他想要剥夺我的自由，当他拥有我的权力时，他不会剥夺其他一切。

And therefore it is lawful for me to treat him as one who has put himself into a state of war with me, i.e. kill him if I can; for to that hazard does he justly expose himself, whoever introduces a state of war, and is aggressor in it.

因此，我可以合法地把他当作一个与我交战的人来对待，也就是说，如果可以的话，杀掉他；因为，无论谁引入战争状态，并且是其中的侵略者，他都将自己暴露在这种危险之中。

Sect.

教派。

19.

And here we have the plain difference between the state of nature and the state of war, which however some men have confounded, are as far distant, as a state of peace, good will, mutual assistance and preservation, and a state of enmity, malice, violence and mutual destruction, are one from another.

在这里，我们看到了自然状态和战争状态之间的明显区别，无论有些人如何混淆，它们之间的距离就像和平、善意、互助和保护的状态与敌对、恶意、暴力和相互毁灭的状态一样遥远。

Men living together according to reason, without a common superior on earth, with authority to judge between them, is properly the state of nature.

人们按照理性生活在一起，地球上没有共同的上级，也没有权威来对他们进行判断，这正是自然状态。

But force, or a declared design of force, upon the person of another, where there is no common superior on earth to appeal to for relief, is the state of war: and it is the want of such an appeal gives a man the right of war even against an aggressor, tho’ he be in society and a fellow subject.

但是，如果世界上没有共同的上级可以向他人求助，那么武力或公开的武力计划就属于战争状态：正是由于缺乏这种诉求，一个人即使是在社会中并且是同胞臣民，也有权对侵略者发动战争。

Thus a thief, whom I cannot harm, but by appeal to the law, for having stolen all that I am worth, I may kill, when he sets on me to rob me but of my horse or coat; because the law, which was made for my preservation, where it cannot interpose to secure my life from present force, which, if lost, is capable of no reparation, permits me my own defence, and the right of war, a liberty to kill the aggressor, because the aggressor allows not time to appeal to our common judge, nor the decision of the law, for remedy in a case where the mischief may be irreparable.

因此，一个小偷，我不能伤害他，除非诉诸法律，因为他偷走了我所有有价值的东西，当他向我袭来，只抢我的马或外套时，我可以杀死他；因为法律是为了保护我而制定的，它无法干预以保护我的生命免受现有武力的侵害，而如果失去了武力，则无法进行赔偿，法律允许我自己辩护，并享有战争权，有权杀死侵略者，因为侵略者没有时间向我们的共同法官上诉，也没有时间向我们的共同法官或法律的裁决提出上诉，以在损害可能无法弥补的情况下寻求补救。

Want of a common judge with authority, puts all men in a state of nature: force without right, upon a man’s person, makes a state of war, both where there is, and is not, a common judge.

缺乏一个有权威的共同法官，使所有人都处于一种自然状态：没有权利的武力强加于一个人的身上，就会造成战争状态，无论是在有共同法官的地方，还是在没有共同法官的地方。

Sect.

教派。

20.

But when the actual force is over, the state of war ceases between those that are in society, and are equally on both sides subjected to the fair determination of the law; because then there lies open the remedy of appeal for the past injury, and to prevent future harm: but where no such appeal is, as in the state of nature, for want of positive laws, and judges with authority to appeal to, the state of war once begun, continues, with a right to the innocent party to destroy the other whenever he can, until the aggressor offers peace, and desires reconciliation on such terms as may repair any wrongs he has already done, and secure the innocent for the future; nay, where an appeal to the law, and constituted judges, lies open, but the remedy is denied by a manifest perverting of justice, and a barefaced wresting of the laws to protect or indemnify the violence or injuries of some men, or party of men, there it is hard to imagine any thing but a state of war: for wherever violence is used, and injury done, though by hands appointed to administer justice, it is still violence and injury, however coloured with the name, pretences, or forms of law, the end whereof being to protect and redress the innocent, by an unbiassed application of it, to all who are under it; wherever that is not bona fide done, war is made upon the sufferers, who having no appeal on earth to right them, they are left to the only remedy in such cases, an appeal to heaven.

但是，当实际武力结束时，社会中的人们之间的战争状态就停止了，双方都平等地受到法律的公正裁决；因为这样就可以对过去的伤害采取上诉补救措施，并防止未来的伤害：但如果在自然状态下，由于缺乏成文法和有权上诉的法官而没有这种上诉，那么战争状态一旦开始，就会继续下去，无辜一方有权尽可能摧毁另一方，直到侵略者提出和平，并希望以可以修复他已经犯下的任何错误的条件进行和解，并确保未来的无辜者；不仅如此，如果诉诸法律和任命的法官是公开的，但补救办法却因明显的歪曲正义和公然篡改法律以保护或赔偿某些人或一群人的暴力或伤害而被拒绝，那么除了战争状态之外，很难想象还有什么其他的事情：因为无论在哪里使用暴力和造成伤害，尽管是由指定执行司法的人员所为，它仍然是暴力和伤害，无论其名称、借口或形式如何粉饰。法律，其目的是通过公正地适用于所有受其管辖的人来保护和纠正无辜者；凡是不善意的行为，都会对受难者发动战争，而受难者无法向地球求助，在这种情况下，他们只能求助于唯一的补救办法，即向天堂求助。

Sect.

教派。

21.

To avoid this state of war (wherein there is no appeal but to heaven, and wherein every the least difference is apt to end, where there is no authority to decide between the contenders) is one great reason of men’s putting themselves into society, and quitting the state of nature: for where there is an authority, a power on earth, from which relief can be had by appeal, there the continuance of the state of war is excluded, and the controversy is decided by that power.

为了避免这种战争状态（在这种状态下，除了上天之外，没有任何上诉，并且在竞争者之间没有权威决定的情况下，任何最小的分歧都容易结束）是人们将自己融入社会并退出自然状态的一个重要原因：因为只要地上有一个权威，一个权力，可以通过上诉获得救济，那里就排除了战争状态的继续，并且争论由该权力决定。

Had there been any such court, any superior jurisdiction on earth, to determine the right between Jephtha and the Ammonites, they had never come to a state of war: but we see he was forced to appeal to heaven.

如果地球上有任何这样的法庭，任何更高的司法管辖权，来确定耶弗他和亚扪人之间的权利，他们就不会陷入战争状态：但我们看到他被迫向天堂上诉。

The Lord the Judge (says he) be judge this day between the children of Israel and the children of Ammon, Judg.

主审判者（他说）今天在以色列人和阿蒙人之间进行审判。

xi.

27.

and then prosecuting, and relying on his appeal, he leads out his army to battle: and therefore in such controversies, where the question is put, who shall be judge?

然后起诉，并依靠他的上诉，率领他的军队去战斗：因此，在这样的争议中，问题在于，谁来担任法官？

It cannot be meant, who shall decide the controversy; every one knows what Jephtha here tells us, that the Lord the Judge shall judge.

这不可能是指谁来决定这场争论；每个人都知道耶弗他在这里告诉我们什么，审判主必施行审判。

Where there is no judge on earth, the appeal lies to God in heaven.

如果地上没有审判者，就只能向天上的上帝上诉。

That question then cannot mean, who shall judge, whether another hath put himself in a state of war with me, and whether I may, as Jephtha did, appeal to heaven in it?

那么这个问题就不能意味着谁来判断是否有人与我处于交战状态，以及我是否可以像耶弗他那样向天求助？

of that I myself can only be judge in my own conscience, as I will answer it, at the great day, to the supreme judge of all men.

对此，我自己只能凭自己的良心做出判断，因为我将在伟大的日子向所有人的最高法官作出答复。

CHAPTER.

章。

IV.

四．

OF SLAVERY.

奴隶制。

Sect.

教派。

22.

THE natural liberty of man is to be free from any superior power on earth, and not to be under the will or legislative authority of man, but to have only the law of nature for his rule.

人的自然自由是不受地球上任何高级权力的影响，不受人的意志或立法权威的支配，而只受自然法的统治。

The liberty of man, in society, is to be under no other legislative power, but that established, by consent, in the commonwealth; nor under the dominion of any will, or restraint of any law, but what that legislative shall enact, according to the trust put in it.

在社会中，人的自由不受任何其他立法权的支配，而是在联邦中经同意而建立的立法权的支配下进行的。也不受任何意志的支配，或任何法律的约束，但立法机构根据对其的信任而应颁布的内容。

Freedom then is not what Sir Robert Filmer tells us, Observations, A.

那么，自由并不是罗伯特·菲尔默爵士告诉我们的，《观察》，A.

55.

a liberty for every one to do what he lists, to live as he pleases, and not to be tied by any laws: but freedom of men under government is, to have a standing rule to live by, common to every one of that society, and made by the legislative power erected in it; a liberty to follow my own will in all things, where the rule prescribes not; and not to be subject to the inconstant, uncertain, unknown, arbitrary will of another man: as freedom of nature is, to be under no other restraint but the law of nature.

每个人都有做他想做的事情的自由，按照自己喜欢的方式生活，不受任何法律的束缚；但政府统治下的人的自由是，有一个社会每个人共同的、由立法权制定的长期规则来生活；在一切事情上遵循自己意愿的自由，在规则没有规定的情况下；不受他人变化无常的、不确定的、未知的、任意的意志的影响：正如自然自由一样，除了自然法之外，不受其他任何限制。

Sect.

教派。

23.

This freedom from absolute, arbitrary power, is so necessary to, and closely joined with a man’s preservation, that he cannot part with it, but by what forfeits his preservation and life together: for a man, not having the power of his own life, cannot, by compact, or his own consent, enslave himself to any one, nor put himself under the absolute, arbitrary power of another, to take away his life, when he pleases.

这种免于绝对、专断权力的自由对于一个人的保存是非常必要的，并且与一个人的保存密切相关，以至于他不能放弃它，除非同时丧失他的保存和生命：因为一个人，如果没有自己生命的权力，就不能通过契约或他自己的同意，将自己奴役于任何人，也不能将自己置于另一个人的绝对、任意权力之下，以便在他愿意的时候夺走他的生命。

No body can give more power than he has himself; and he that cannot take away his own life, cannot give another power over it.

没有人能给予比他自己更多的力量；一个人若不能夺走自己的生命，他就不能给予另一种力量来控制它。

Indeed, having by his fault forfeited his own life, by some act that deserves death; he, to whom he has forfeited it, may (when he has him in his power) delay to take it, and make use of him to his own service, and he does him no injury by it: for, whenever he finds the hardship of his slavery outweigh the value of his life, it is in his power, by resisting the will of his master, to draw on himself the death he desires.

事实上，由于他的过失，他因某些该死的行为而丧失了自己的生命；被他剥夺了奴隶权的人，可以（当他掌握了他的权力时）延迟获得它，并利用他为自己服务，而且他不会因此而伤害他：因为，每当他发现奴役的艰辛超过了他生命的价值时，他就有能力通过反抗主人的意志，使自己陷入他所渴望的死亡。

Sect.

教派。

24.

This is the perfect condition of slavery, which is nothing else, but the state of war continued, between a lawful conqueror and a captive: for, if once compact enter between them, and make an agreement for a limited power on the one side, and obedience on the other, the state of war and slavery ceases, as long as the compact endures: for, as has been said, no man can, by agreement, pass over to another that which he hath not in himself, a power over his own life.

这是奴隶制的完美状态，只不过是合法征服者和俘虏之间持续的战争状态：因为，一旦他们之间签订了契约，并就一方有限的权力和另一方的服从达成协议，只要契约持续下去，战争和奴隶制就停止了：因为，正如已经说过的，没有人可以通过协议将他自己没有的权力，即对自己生命的权力移交给另一个人。

I confess, we find among the Jews, as well as other nations, that men did sell themselves; but, it is plain, this was only to drudgery, not to slavery: for, it is evident, the person sold was not under an absolute, arbitrary, despotical power: for the master could not have power to kill him, at any time, whom, at a certain time, he was obliged to let go free out of his service; and the master of such a servant was so far from having an arbitrary power over his life, that he could not, at pleasure, so much as maim him, but the loss of an eye, or tooth, set him free, Exod.

我承认，我们在犹太人以及其他民族中发现，人们确实出卖了自己。但是，很明显，这只是苦役，而不是奴隶制：因为，很明显，被出售的人并不处于绝对的、专断的、专制的权力之下：因为主人没有权力在任何时候杀死他，在某个时间，他有义务让他自由地脱离他的服务。这样一个仆人的主人对他的生命没有专断的权力，以至于他不能随意伤害他，但失去一只眼睛或一颗牙齿，就可以使他获得自由，出埃及记 19:11。

xxi.

二十一.

CHAPTER.

章。

五、

OF PROPERTY.

财产。

Sect.

教派。

25.

Whether we consider natural reason, which tells us, that men, being once born, have a right to their preservation, and consequently to meat and drink, and such other things as nature affords for their subsistence: or revelation, which gives us an account of those grants God made of the world to Adam, and to Noah, and his sons, it is very clear, that God, as king David says, Psal.

无论我们考虑自然理性，它告诉我们，人一旦出生，就有权保存自己，因此有权吃喝，以及自然为他们的生存提供的其他东西；或者启示，它给我们一个帐户，说明上帝向亚当、诺亚和他的儿子们赋予世界的那些恩赐，很明显，上帝，正如大卫王所说的那样，诗篇 19:11。

cxv.

CXV。

16.

has given the earth to the children of men; given it to mankind in common.

把地球赐给了人类的孩子们；赋予人类共同的权利。

But this being supposed, it seems to some a very great difficulty, how any one should ever come to have a property in any thing: I will not content myself to answer, that if it be difficult to make out property, upon a supposition that God gave the world to Adam, and his posterity in common, it is impossible that any man, but one universal monarch, should have any property upon a supposition, that God gave the world to Adam, and his heirs in succession, exclusive of all the rest of his posterity.

但是，对于某些人来说，这个假设似乎非常困难，任何人如何才能对任何事物拥有财产：我不会满足于回答，如果很难根据上帝将世界赐给亚当及其后裔的假设来证明财产，那么除了一个普遍的君主之外，任何人都不可能拥有任何财产，因为上帝将世界赐给了亚当及其继承人，排除了他的所有其他后裔。

But I shall endeavour to shew, how men might come to have a property in several parts of that which God gave to mankind in common, and that without any express compact of all the commoners.

但我将尽力说明，人们如何能够在上帝赋予人类共同财产的几个部分中拥有财产，而无需所有平民的明确契约。

Sect.

教派。

26.

God, who hath given the world to men in common, hath also given them reason to make use of it to the best advantage of life, and convenience.

上帝将世界赋予人类共同，也赋予他们充分利用世界的理由，以最大限度地享受生活和便利。

The earth, and all that is therein, is given to men for the support and comfort of their being.

地球和其中的一切都是为了人类的生存而提供的支持和安慰。

And tho’ all the fruits it naturally produces, and beasts it feeds, belong to mankind in common, as they are produced by the spontaneous hand of nature; and no body has originally a private dominion, exclusive of the rest of mankind, in any of them, as they are thus in their natural state: yet being given for the use of men, there must of necessity be a means to appropriate them some way or other, before they can be of any use, or at all beneficial to any particular man.

尽管它自然产生的所有果实和它所喂养的野兽都属于人类共同的，因为它们是自然之手自发产生的；任何人在其自然状态下都没有最初拥有排除于其他人类的私人统治权：然而，在它们被赋予给人类使用之前，必须有一种手段以某种方式占有它们，然后它们才能对任何特定的人有任何用处或完全有益。

The fruit, or venison, which nourishes the wild Indian, who knows no enclosure, and is still a tenant in common, must be his, and so his, i.e. a part of him, that another can no longer have any right to it, before it can do him any good for the support of his life.

滋养野生印第安人的水果或鹿肉，印第安人不知道圈地，而且仍然是共同的佃户，因此必须是他的，因此是他的，即他的一部分，在它对他的生活有任何好处之前，其他人不能再拥有任何权利。

Sect.

教派。

27.

Though the earth, and all inferior creatures, be common to all men, yet every man has a property in his own person: this no body has any right to but himself.

虽然地球和所有低等生物都是所有人共有的，但每个人都拥有自己的财产：除了他自己之外，没有人有任何权利拥有这一财产。

The labour of his body, and the work of his hands, we may say, are properly his.

我们可以说，他的身体的劳动和他的双手的工作完全是他的。

Whatsoever then he removes out of the state that nature hath provided, and left it in, he hath mixed his labour with, and joined to it something that is his own, and thereby makes it his property.

无论他从自然所提供的状态中取出什么，并留在那里，他都将他的劳动与他自己的东西混合在一起，并加入其中，从而使其成为他的财产。

It being by him removed from the common state nature hath placed it in, it hath by this labour something annexed to it, that excludes the common right of other men: for this labour being the unquestionable property of the labourer, no man but he can have a right to what that is once joined to, at least where there is enough, and as good, left in common for others.

由于他将其从自然置于的共同状态中移走，它通过这种劳动而附加了某种东西，排除了其他人的共同权利：因为这种劳动是劳动者无可置疑的财产，除了他之外，没有人可以拥有曾经联合起来的东西的权利，至少在有足够的、同样好的东西留给其他人的共同权利的情况下。

Sect.

教派。

28.

He that is nourished by the acorns he picked up under an oak, or the apples he gathered from the trees in the wood, has certainly appropriated them to himself.

那些靠在橡树下采摘的橡子或从树林里采集的苹果来滋养的人，肯定已经将它们据为己有。

No body can deny but the nourishment is his.

没有人可以否认，但营养是他的。

I ask then, when did they begin to be his?

我问，他们什么时候开始属于他的？

when he digested?

他什么时候消化的？

or when he eat?

或者当他吃饭的时候？

or when he boiled?

或者当他沸腾时？

or when he brought them home?

或者当他把它们带回家时？

or when he picked them up?

或者当他拿起它们时？

and it is plain, if the first gathering made them not his, nothing else could.

很明显，如果第一次聚会不是他的，那么其他任何事情都做不到。

That labour put a distinction between them and common: that added something to them more than nature, the common mother of all, had done; and so they became his private right.

劳动将他们与普通人区分开来：这给他们带来的东西比自然——万物之母——所做的还要多。因此它们就成了他的私人权利。

And will any one say, he had no right to those acorns or apples, he thus appropriated, because he had not the consent of all mankind to make them his?

有人会说，他没有权利拥有那些被他侵占的橡子或苹果，因为他没有得到全人类的同意，将它们据为己有吗？

Was it a robbery thus to assume to himself what belonged to all in common?

将属于所有人共同的东西据为己有，这是否是一种抢劫？

If such a consent as that was necessary, man had starved, notwithstanding the plenty God had given him.

如果需要这样的同意，那么尽管上帝赐予了人类丰富的资源，人类还是会挨饿。

We see in commons, which remain so by compact, that it is the taking any part of what is common, and removing it out of the state nature leaves it in, which begins the property; without which the common is of no use.

我们在公地中看到，通过契约仍然如此，只要采取公有物的任何部分，并将其从自然留下的状态中移出，财产权就开始了；没有它，普通的东西就毫无用处。

And the taking of this or that part, does not depend on the express consent of all the commoners.

而这个或那个部分的拿走，并不取决于所有平民的明确同意。

Thus the grass my horse has bit; the turfs my servant has cut; and the ore I have digged in any place, where I have a right to them in common with others, become my property, without the assignation or consent of any body.

因此，我的马咬过的草；我仆人所割的草皮；我在任何地方开采的矿石，只要我与他人有共同权利，就成为我的财产，无需任何机构的转让或同意。

The labour that was mine, removing them out of that common state they were in, hath fixed my property in them.

我的劳动，使他们摆脱了他们所处的共同状态，使我的财产固定在他们身上。

Sect.

教派。

29.

By making an explicit consent of every commoner, necessary to any one’s appropriating to himself any part of what is given in common, children or servants could not cut the meat, which their father or master had provided for them in common, without assigning to every one his peculiar part.

通过得到每个平民的明确同意，任何人都必须将共同给予的任何部分据为己有，孩子或仆人不能切他们的父亲或主人共同提供给他们的肉，而不分配给每个人他特有的部分。

Though the water running in the fountain be every one’s, yet who can doubt, but that in the pitcher is his only who drew it out?

虽然泉水里的水是每个人的，但谁能怀疑，水罐里的水只有他一个人把它抽出来呢？

His labour hath taken it out of the hands of nature, where it was common, and belonged equally to all her children, and hath thereby appropriated it to himself.

他的劳动把它从自然手中夺走了，在自然中，它是共同的，平等地属于她所有的孩子，从而将它据为己有。

Sect.

教派。

30.

Thus this law of reason makes the deer that Indian’s who hath killed it; it is allowed to be his goods, who hath bestowed his labour upon it, though before it was the common right of every one.

因此，这条理性法则使鹿成为印第安人杀死的鹿；尽管在此之前它是每个人的共同权利，但他的劳动成果被允许成为他的财产。

And amongst those who are counted the civilized part of mankind, who have made and multiplied positive laws to determine property, this original law of nature, for the beginning of property, in what was before common, still takes place; and by virtue thereof, what fish any one catches in the ocean, that great and still remaining common of mankind; or what ambergrise any one takes up here, is by the labour that removes it out of that common state nature left it in, made his property, who takes that pains about it.

在那些被视为人类文明部分的人中，他们制定并增加了确定财产权的实在法，这种原始的自然法，因为财产权的起源，在之前的共同事物中仍然存在。凭借这一点，任何人在海洋中捕获的鱼都是人类所共有的伟大而仍然存在的；或者说，任何人在这里获得的龙涎香，都是通过劳动将其从自然留下的共同状态中移出，创造了他的财产，谁为此付出了痛苦。

And even amongst us, the hare that any one is hunting, is thought his who pursues her during the chase: for being a beast that is still looked upon as common, and no man’s private possession; whoever has employed so much labour about any of that kind, as to find and pursue her, has thereby removed her from the state of nature, wherein she was common, and hath begun a property.

即使在我们中间，任何人正在狩猎的野兔，都被认为是在追逐过程中追赶她的野兔：因为它是一种仍然被视为常见的野兽，而不是任何人的私人财产；任何人在此类事情上花费如此多的劳动来找到并追捕她，就已经将她从自然状态中转移了出来，在自然状态中，她是共同的，并开始了一种财产。

Sect.

教派。

31.

It will perhaps be objected to this, that if gathering the acorns, or other fruits of the earth, &c.

也许会反对这一点，如果收集橡子或地球上的其他水果等。

makes a right to them, then any one may ingross as much as he will.

如果对它们赋予了一项权利，那么任何人都可以随心所欲地吸收。

To which I answer, Not so.

我的回答是，并非如此。

The same law of nature, that does by this means give us property, does also bound that property too.

同样的自然法，通过这种方式赋予我们财产，也限制了该财产。

God has given us all things richly, 1 Tim.

神丰富地赐给了我们一切，蒂姆一书。

vi.

六.

12.

is the voice of reason confirmed by inspiration.

是被灵感证实的理性的声音。

But how far has he given it us?

但他给了我们多远呢？

To enjoy.

享受。

As much as any one can make use of to any advantage of life before it spoils, so much he may by his labour fix a property in: whatever is beyond this, is more than his share, and belongs to others.

任何人都可以在生命毁坏之前充分利用它，他也可以通过自己的劳动确定一种财产：任何超出这一范围的东西，都超出了他的份额，并且属于他人。

Nothing was made by God for man to spoil or destroy.

上帝创造的任何东西都不是供人破坏或毁坏的。

And thus, considering the plenty of natural provisions there was a long time in the world, and the few spenders; and to how small a part of that provision the industry of one man could extend itself, and ingross it to the prejudice of others; especially keeping within the bounds, set by reason, of what might serve for his use; there could be then little room for quarrels or contentions about property so established.

因此，考虑到世界上存在的时间很长，自然资源丰富，而花钱的人却很少。一个人的勤奋可以将这一供给的一小部分延伸出来，并吸收它而损害其他人；特别是保持在理性设定的范围内，保留可能为他所用的东西；这样一来，就这样确立的财产就没有什么争吵或争论的余地了。

Sect.

教派。

32.

But the chief matter of property being now not the fruits of the earth, and the beasts that subsist on it, but the earth itself; as that which takes in and carries with it all the rest; I think it is plain, that property in that too is acquired as the former.

但现在财产的主要问题不再是大地的果实和赖以生存的动物，而是大地本身。作为吸收并携带所有其余部分的东西；我认为很明显，其中的财产也像前者一样获得。

As much land as a man tills, plants, improves, cultivates, and can use the product of, so much is his property.

一个人耕种、种植、改良、耕种和使用其产品的土地有多少，他的财产就有多少。

He by his labour does, as it were, inclose it from the common.

可以说，他通过自己的劳动，将其与公共事物隔离开来。

Nor will it invalidate his right, to say every body else has an equal title to it; and therefore he cannot appropriate, he cannot inclose, without the consent of all his fellow-commoners, all mankind.

说其他人都享有平等的权利，这也不会导致他的权利无效。因此，未经所有同胞、全人类的同意，他不能侵占、不能将其纳入其中。

God, when he gave the world in common to all mankind, commanded man also to labour, and the penury of his condition required it of him.

上帝把世界赐给全人类时，也命令人类劳动，而他的贫困状况也要求他劳动。

God and his reason commanded him to subdue the earth, i.e. improve it for the benefit of life, and therein lay out something upon it that was his own, his labour.

上帝和他的理性命令他征服大地，即为了生命的利益而改善大地，并在其中布置一些属于他自己的东西，他的劳动。

He that in obedience to this command of God, subdued, tilled and sowed any part of it, thereby annexed to it something that was his property, which another had no title to, nor could without injury take from him.

服从上帝命令的人征服、耕种和播种了其中的任何一部分，从而将属于他的财产的东西并入其中，而其他人无权拥有该财产，也不能在不造成伤害的情况下从他手中夺走。

Sect.

教派。

33.

Nor was this appropriation of any parcel of land, by improving it, any prejudice to any other man, since there was still enough, and as good left; and more than the yet unprovided could use.

通过改善土地而对任何一块土地的征用也不会对任何其他人造成任何偏见，因为仍然有足够的土地，而且还剩下同样好的土地。并且超出了尚未提供的可以使用的范围。

So that, in effect, there was never the less left for others because of his enclosure for himself: for he that leaves as much as another can make use of, does as good as take nothing at all.

因此，事实上，他留给别人的东西并没有因为他对自己的封闭而减少：因为他把别人能利用的东西都留给别人，就等于什么也不拿。

No body could think himself injured by the drinking of another man, though he took a good draught, who had a whole river of the same water left him to quench his thirst: and the case of land and water, where there is enough of both, is perfectly the same.

没有人会认为自己因另一个人的饮酒而受到伤害，尽管他喝了一大口，而另一个人有一整条河的水都留给他来解渴：土地和水的情况，只要两者都足够，就完全一样。

Sect.

教派。

34.

God gave the world to men in common; but since he gave it them for their benefit, and the greatest conveniencies of life they were capable to draw from it, it cannot be supposed he meant it should always remain common and uncultivated.

上帝将世界赐给人类共同；但既然他把它给予他们是为了他们的利益，以及他们能够从中获得最大的生活便利，所以不能认为他的意思是它应该永远保持普遍和未开化的状态。

He gave it to the use of the industrious and rational, (and labour was to be his title to it;) not to the fancy or covetousness of the quarrelsome and contentious.

他把它交给勤劳和理性的人使用（劳动是他对它的所有权；）而不是交给爱争吵和好争论的人的幻想或贪婪。

He that had as good left for his improvement, as was already taken up, needed not complain, ought not to meddle with what was already improved by another’s labour: if he did, it is plain he desired the benefit of another’s pains, which he had no right to, and not the ground which God had given him in common with others to labour on, and whereof there was as good left, as that already possessed, and more than he knew what to do with, or his industry could reach to.

一个拥有与已经被占用的一样多的剩余来改进的人，不需要抱怨，不应该干涉别人的劳动已经改进的东西：如果他这样做了，很明显他想从别人的痛苦中获益，而这是他无权获得的，而不是上帝给予他与其他人共同劳动的土地，而这片土地上有与已经拥有的一样好的剩余，而且比他知道如何处理或他的勤奋所能到达的更多。

Sect.

教派。

35.

It is true, in land that is common in England, or any other country, where there is plenty of people under government, who have money and commerce, no one can inclose or appropriate any part, without the consent of all his fellow-commoners; because this is left common by compact, i.e. by the law of the land, which is not to be violated.

确实，在英国或任何其他国家的公共土地上，政府统治下的人民很多，他们有金钱和商业，没有所有同胞的同意，任何人都不能圈占或侵占任何部分；因为这是通过契约（即国家法律）留下的，这是不容违反的。

And though it be common, in respect of some men, it is not so to all mankind; but is the joint property of this country, or this parish.

虽然这对某些人来说很常见，但对全人类来说却并非如此。但它是这个国家或这个教区的共同财产。

Besides, the remainder, after such enclosure, would not be as good to the rest of the commoners, as the whole was when they could all make use of the whole; whereas in the beginning and first peopling of the great common of the world, it was quite otherwise.

此外，在这样的封闭之后，剩余的部分对于其他平民来说并不像他们都可以利用整体时那样好；然而，在世界大公地诞生之初和第一批人口出现时，情况却完全不同。

The law man was under, was rather for appropriating.

法人在下，宁为侵占。

God commanded, and his wants forced him to labour.

上帝命令他，而他的需要迫使他去劳动。

That was his property which could not be taken from him where-ever he had fixed it.

那是他的财产，无论他把它固定在哪里，都不能被夺走。

And hence subduing or cultivating the earth, and having dominion, we see are joined together.

因此，我们看到征服或耕种大地和拥有统治权是连在一起的。

The one gave title to the other.

一方将所有权授予另一方。

So that God, by commanding to subdue, gave authority so far to appropriate: and the condition of human life, which requires labour and materials to work on, necessarily introduces private possessions.

因此，上帝通过命令征服，赋予了迄今为止的权力：而人类的生活条件，需要劳动和材料来工作，必然会引入私人财产。

Sect.

教派。

36.

The measure of property nature has well set by the extent of men’s labour and the conveniencies of life: no man’s labour could subdue, or appropriate all; nor could his enjoyment consume more than a small part; so that it was impossible for any man, this way, to intrench upon the right of another, or acquire to himself a property, to the prejudice of his neighbour, who would still have room for as good, and as large a possession (after the other had taken out his) as before it was appropriated.

财产性质的衡量标准是由人类劳动的范围和生活的便利程度决定的：没有人的劳动可以征服或侵占所有人；他的享乐也只能消耗一小部分。因此，任何人都不可能通过这种方式侵犯他人的权利，或为自己获取财产，从而损害邻居的利益，而邻居仍然有空间容纳与被侵占之前一样好的、同样大的财产（在别人夺走他的财产之后）。

This measure did confine every man’s possession to a very moderate proportion, and such as he might appropriate to himself, without injury to any body, in the first ages of the world, when men were more in danger to be lost, by wandering from their company, in the then vast wilderness of the earth, than to be straitened for want of room to plant in.

这项措施确实将每个人的财产限制在一个非常适度的比例，在世界的最初时代，他可以在不伤害任何人的情况下为自己占有，当时人们在当时广阔的大地上的荒野中因与同伴一起徘徊而面临迷失的危险，而不是因缺乏种植空间而陷入困境。

And the same measure may be allowed still without prejudice to any body, as full as the world seems: for supposing a man, or family, in the state they were at first peopling of the world by the children of Adam, or Noah; let him plant in some inland, vacant places of America, we shall find that the possessions he could make himself, upon the measures we have given, would not be very large, nor, even to this day, prejudice the rest of mankind, or give them reason to complain, or think themselves injured by this man’s incroachment, though the race of men have now spread themselves to all the corners of the world, and do infinitely exceed the small number was at the beginning.

同样的措施仍然可以被允许，而不会对任何人产生偏见，就像这个世界看起来一样丰富：假设一个人或一个家庭，处于亚当或诺亚的子孙最初在世界上居住的状态；如果让他在美洲的一些内陆空地种植，我们会发现，根据我们给出的措施，他自己所能获得的财产不会很大，即使到今天，也不会损害其他人类，也不会让他们有理由抱怨，或者认为自己因这个人的侵犯而受到伤害，尽管人类现在已经扩展到世界各个角落，并且无限地超过了开始时的少数数量。

Nay, the extent of ground is of so little value, without labour, that I have heard it affirmed, that in Spain itself a man may be permitted to plough, sow and reap, without being disturbed, upon land he has no other title to, but only his making use of it.

不仅如此，如果没有劳动，土地的面积就没有什么价值，我听说在西班牙本土，一个人可以被允许在不受干扰的情况下耕种、播种和收割，在他没有其他所有权的土地上，只能使用它。

But, on the contrary, the inhabitants think themselves beholden to him, who, by his industry on neglected, and consequently waste land, has increased the stock of corn, which they wanted.

但恰恰相反，居民们认为自己对他负有感激之情，因为他通过在被忽视的、因此而荒废的土地上的勤劳，增加了他们想要的谷物库存。

But be this as it will, which I lay no stress on; this I dare boldly affirm, that the same rule of propriety, (viz.) that every man should have as much as he could make use of, would hold still in the world, without straitening any body; since there is land enough in the world to suffice double the inhabitants, had not the invention of money, and the tacit agreement of men to put a value on it, introduced (by consent) larger possessions, and a right to them; which, how it has done, I shall by and by shew more at large.

但就这样吧，我并不强调这一点；我敢大胆地断言，同样的礼节规则，即每个人都应该尽可能多地利用它，将在世界上保持不变，不会限制任何人；既然世界上有足够的土地可以供养双倍的居民，如果没有货币的发明，也没有人们默契地对它进行估价，引入（经同意）更多的财产，以及对这些财产的权利；至于它是如何做到的，我将逐渐详细地展示。

Sect.

教派。

37.

This is certain, that in the beginning, before the desire of having more than man needed had altered the intrinsic value of things, which depends only on their usefulness to the life of man; or had agreed, that a little piece of yellow metal, which would keep without wasting or decay, should be worth a great piece of flesh, or a whole heap of corn; though men had a right to appropriate, by their labour, each one of himself, as much of the things of nature, as he could use: yet this could not be much, nor to the prejudice of others, where the same plenty was still left to those who would use the same industry.

这是肯定的，在一开始，在拥有超出人类所需的欲望改变了事物的内在价值之前，事物的内在价值仅取决于它们对人类生活的有用性；或者已经同意，一小块不会浪费或腐烂的黄色金属应该抵得上一大块肉，或者一整堆玉米；尽管人们有权通过自己的劳动，尽可能多地占有自然之物，但这个数额不能太多，也不能损害他人，因为同样的财富仍然留给那些愿意使用同样产业的人。

To which let me add, that he who appropriates land to himself by his labour, does not lessen, but increase the common stock of mankind: for the provisions serving to the support of human life, produced by one acre of inclosed and cultivated land, are (to speak much within compass) ten times more than those which are yielded by an acre of land of an equal richness lying waste in common.

对此，我要补充一点，通过劳动占有土地的人，并没有减少，而是增加了人类的共同存量：因为一英亩封闭耕地所生产的维持人类生活的粮食（在范围内可以说得很多）比一英亩同样丰富的荒废土地所生产的粮食多出十倍。

And therefore he that incloses land, and has a greater plenty of the conveniencies of life from ten acres, than he could have from an hundred left to nature, may truly be said to give ninety acres to mankind: for his labour now supplies him with provisions out of ten acres, which were but the product of an hundred lying in common.

因此，一个拥有土地的人，从十英亩土地中获得的生活便利，比他从一百英亩土地中留给自然所获得的还要多，可以说他确实为人类贡献了九十英亩土地：因为他的劳动现在用十英亩土地为他提供了食物，而这只是一百英亩土地的共同产物。

I have here rated the improved land very low, in making its product but as ten to one, when it is much nearer an hundred to one: for I ask, whether in the wild woods and uncultivated waste of America, left to nature, without any improvement, tillage or husbandry, a thousand acres yield the needy and wretched inhabitants as many conveniencies of life, as ten acres of equally fertile land do in Devonshire, where they are well cultivated?

我在这里对改良土地的评价非常低，在生产其产品方面，只是十比一，而实际上是接近一百比一：因为我问，是否在美国的野生树林和未开垦的荒地中，任其自然，没有任何改良，耕作或畜牧，一千英亩为贫困和贫困的居民提供了尽可能多的生活便利，就像德文郡的十英亩同样肥沃的土地一样，在那里他们耕种得很好？

Before the appropriation of land, he who gathered as much of the wild fruit, killed, caught, or tamed, as many of the beasts, as he could; he that so imployed his pains about any of the spontaneous products of nature, as any way to alter them from the state which nature put them in, by placing any of his labour on them, did thereby acquire a propriety in them: but if they perished, in his possession, without their due use; if the fruits rotted, or the venison putrified, before he could spend it, he offended against the common law of nature, and was liable to be punished; he invaded his neighbour’s share, for he had no right, farther than his use called for any of them, and they might serve to afford him conveniencies of life.

在占有土地之前，他尽可能多地采集野果，尽可能多地杀死、捕捉或驯服野兽；如果一个人对任何自然的自发产物付出了自己的辛劳，并以任何方式改变它们的自然状态，那么他就获得了它们的正当性：但是，如果它们在没有得到应有的使用的情况下在他的占有下灭亡了；如果水果在他吃之前就腐烂了，或者鹿肉腐烂了，那么他就违反了自然法则，应该受到惩罚。他侵占了邻居的份额，因为他没有任何权利，超出了他的使用所要求的任何权利，而且这些权利可能为他提供生活便利。

Sect.

教派。

38.

The same measures governed the possession of land too: whatsoever he tilled and reaped, laid up and made use of, before it spoiled, that was his peculiar right; whatsoever he enclosed, and could feed, and make use of, the cattle and product was also his.

同样的措施也适用于土地的占有：无论他耕种、收割、储存和使用什么，在土地被破坏之前，那都是他特有的权利；凡是他圈养的、能够喂养和利用的牲畜和产品也是他的。

But if either the grass of his enclosure rotted on the ground, or the fruit of his planting perished without gathering, and laying up, this part of the earth, notwithstanding his enclosure, was still to be looked on as waste, and might be the possession of any other.

但是，如果他圈地里的草在地上腐烂了，或者他种植的果实没有收集和储存就死去了，那么这部分土地，尽管有他圈地，仍然被视为浪费，可能是其他任何人的财产。

Thus, at the beginning, Cain might take as much ground as he could till, and make it his own land, and yet leave enough to Abel’s sheep to feed on; a few acres would serve for both their possessions.

因此，一开始，该隐可能会尽可能多地耕种土地，将其据为己有，但又留下足够的土地给亚伯的羊群吃。几英亩土地可以作为他们两人的财产。

But as families increased, and industry inlarged their stocks, their possessions inlarged with the need of them; but yet it was commonly without any fixed property in the ground they made use of, till they incorporated, settled themselves together, and built cities; and then, by consent, they came in time, to set out the bounds of their distinct territories, and agree on limits between them and their neighbours; and by laws within themselves, settled the properties of those of the same society: for we see, that in that part of the world which was first inhabited, and therefore like to be best peopled, even as low down as Abraham’s time, they wandered with their flocks, and their herds, which was their substance, freely up and down; and this Abraham did, in a country where he was a stranger.

但随着家庭数量的增加，工业的发展，他们的存货也随之增加，他们的财产也随着需要而增加。但他们所使用的土地通常没有任何固定财产，直到他们合并、定居并建造城市为止。然后，经同意，他们及时到来，划定各自领土的边界，并就他们与邻国之间的界限达成一致；因为我们看到，在世界上最先有人居住、因此人口最稠密的地方，即使像亚伯拉罕的时代一样，他们也带着自己的羊群和牛群自由地来来往往，他们的羊群和牛群就是他们的物质。亚伯拉罕在一个陌生的国家就这么做了。

Whence it is plain, that at least a great part of the land lay in common; that the inhabitants valued it not, nor claimed property in any more than they made use of.

由此可见，至少有很大一部分土地是共有的。居民们并不重视它，也没有索取超过他们使用的财产。

But when there was not room enough in the same place, for their herds to feed together, they by consent, as Abraham and Lot did, Gen.

但是，当同一个地方没有足够的空间让他们的牛群一起吃草时，他们就同意了，就像亚伯拉罕和罗得所做的那样（创世记）。

xiii.

十三.

separated and inlarged their pasture, where it best liked them.

他们把牧场分开并扩大到它最喜欢的地方。

And for the same reason Esau went from his father, and his brother, and planted in mount Seir, Gen.

出于同样的原因，以扫离开他的父亲和兄弟，定居在西珥山（创世记）。

xxxvi.

三十六.

Sect.

教派。

39.

And thus, without supposing any private dominion, and property in Adam, over all the world, exclusive of all other men, which can no way be proved, nor any one’s property be made out from it; but supposing the world given, as it was, to the children of men in common, we see how labour could make men distinct titles to several parcels of it, for their private uses; wherein there could be no doubt of right, no room for quarrel.

因此，不假设亚当对全世界有任何私人统治和财产，排除所有其他人，这是无法证明的，也不能从中看出任何人的财产；但是，假设这个世界实际上被赋予了人类共同的孩子，我们就会看到，劳动如何使人们对其中的几块土地有不同的所有权，供他们私人使用；其中的权利不容怀疑，没有争吵的余地。

Sect.

教派。

40.

Nor is it so strange, as perhaps before consideration it may appear, that the property of labour should be able to over-balance the community of land: for it is labour indeed that puts the difference of value on every thing; and let any one consider what the difference is between an acre of land planted with tobacco or sugar, sown with wheat or barley, and an acre of the same land lying in common, without any husbandry upon it, and he will find, that the improvement of labour makes the far greater part of the value.

也许在考虑之前可能会出现这样的情况：劳动财产能够超越土地公有制，这一点也并不奇怪：因为确实是劳动赋予了每样东西不同的价值；而且，正是劳动使一切事物都具有了不同的价值。如果有人想一想一英亩种植烟草或糖、播种小麦或大麦的土地与一英亩没有任何耕作的公共土地之间的区别，他就会发现，劳动的改进使得价值的大部分变得更大。

I think it will be but a very modest computation to say, that of the products of the earth useful to the life of man nine tenths are the effects of labour: nay, if we will rightly estimate things as they come to our use, and cast up the several expences about them, what in them is purely owing to nature, and what to labour, we shall find, that in most of them ninety-nine hundredths are wholly to be put on the account of labour.

我认为，如果说对人类生活有用的地球产品中十分之九是劳动成果，那只是一种非常适度的计算：不仅如此，如果我们正确地估计它们对我们有用的程度，并计算出它们的各项费用，其中哪些是纯粹归因于自然的，哪些是劳动造成的，我们就会发现，在大多数产品中，百分之九十九完全属于劳动。

Sect.

教派。

41.

There cannot be a clearer demonstration of any thing, than several nations of the Americans are of this, who are rich in land, and poor in all the comforts of life; whom nature having furnished as liberally as any other people, with the materials of plenty, i.e. a fruitful soil, apt to produce in abundance, what might serve for food, raiment, and delight; yet for want of improving it by labour, have not one hundredth part of the conveniencies we enjoy: and a king of a large and fruitful territory there, feeds, lodges, and is clad worse than a day-labourer in England.

没有什么比美洲的几个民族更清楚地说明这一点了，他们土地丰富，但生活的一切舒适条件却很贫穷。大自然像其他民族一样慷慨地为他们提供了充足的物质，即肥沃的土壤，易于生产丰富的食物、衣服和快乐；然而，由于缺乏通过劳动来改善它，我们所享受的便利还不到百分之一：那里有一个拥有广阔而富饶领土的国王，他的饮食、住宿和穿着比英国的日工还差。

Sect.

教派。

42.

To make this a little clearer, let us but trace some of the ordinary provisions of life, through their several progresses, before they come to our use, and see how much they receive of their value from human industry.

为了使这一点更清楚一些，让我们回顾一下生活中的一些普通用品，在它们被我们使用之前，通过它们的几次进步，看看它们从人类的勤奋中获得了多少价值。

Bread, wine and cloth, are things of daily use, and great plenty; yet notwithstanding, acorns, water and leaves, or skins, must be our bread, drink and cloathing, did not labour furnish us with these more useful commodities: for whatever bread is more worth than acorns, wine than water, and cloth or silk, than leaves, skins or moss, that is wholly owing to labour and industry; the one of these being the food and raiment which unassisted nature furnishes us with; the other, provisions which our industry and pains prepare for us, which how much they exceed the other in value, when any one hath computed, he will then see how much labour makes the far greatest part of the value of things we enjoy in this world: and the ground which produces the materials, is scarce to be reckoned in, as any, or at most, but a very small part of it; so little, that even amongst us, land that is left wholly to nature, that hath no improvement of pasturage, tillage, or planting, is called, as indeed it is, waste; and we shall find the benefit of it amount to little more than nothing.

面包、酒、布匹，都是日常用品，而且数量充足；然而，尽管如此，如果劳动没有为我们提供这些更有用的商品，橡子、水和树叶或皮子就一定是我们的面包、饮料和衣服：因为任何面包比橡子更有价值，酒比水更有价值，布或丝绸比树叶、皮子或苔藓更有价值，这完全归功于劳动和工业。其中之一就是自然为我们提供的食物和衣服；另一方面，我们的勤劳和辛劳为我们准备的食物，它们的价值比其他食物高出多少，当任何人计算出来时，他就会看到有多少劳动构成了我们在这个世界上享受的东西的价值的最大部分：而生产这些材料的土地几乎不能算作任何东西，或者最多只是其中的一小部分；如此之少，以至于即使在我们中间，完全留给自然的土地，没有改善牧场、耕作或种植的情况，实际上也被称为浪费。我们会发现它的好处微乎其微。

This shews how much numbers of men are to be preferred to largeness of dominions; and that the increase of lands, and the right employing of them, is the great art of government: and that prince, who shall be so wise and godlike, as by established laws of liberty to secure protection and encouragement to the honest industry of mankind, against the oppression of power and narrowness of party, will quickly be too hard for his neighbours: but this by the by.

这表明，有多少人比领土面积大更重要。土地的增加和土地的正确利用是政府的伟大艺术：而那位君主，他将如此明智和神圣，通过既定的自由法律来保护和鼓励人类的诚实工业，反对权力的压迫和党派的狭隘，很快就会对他的邻居来说太难了：但这只是顺便说一句。

To return to the argument in hand.

回到当前的论点。

Sect.

教派。

43.

An acre of land, that bears here twenty bushels of wheat, and another in America, which, with the same husbandry, would do the like, are, without doubt, of the same natural intrinsic value: but yet the benefit mankind receives from the one in a year, is worth 5l.

这里出产二十蒲式耳小麦的一英亩土地，和美国另一英亩土地，如果有同样的畜牧业，也能产出同样的小麦，毫无疑问，它们具有相同的自然内在价值：但是，人类一年从这片土地中获得的利益却价值五升。

and from the other possibly not worth a penny, if all the profit an Indian received from it were to be valued, and sold here; at least, I may truly say, not one thousandth.

如果印第安人从中获得的所有利润都被估价并在这里出售的话，那么从另一个那里可能不值一分钱。我可以真诚地说，至少不是千分之一。

It is labour then which puts the greatest part of value upon land, without which it would scarcely be worth any thing: it is to that we owe the greatest part of all its useful products; for all that the straw, bran, bread, of that acre of wheat, is more worth than the product of an acre of as good land, which lies waste, is all the effect of labour: for it is not barely the plough-man’s pains, the reaper’s and thresher’s toil, and the baker’s sweat, is to be counted into the bread we eat; the labour of those who broke the oxen, who digged and wrought the iron and stones, who felled and framed the timber employed about the plough, mill, oven, or any other utensils, which are a vast number, requisite to this corn, from its being feed to be sown to its being made bread, must all be charged on the account of labour, and received as an effect of that: nature and the earth furnished only the almost worthless materials, as in themselves.

那么，正是劳动赋予了土地最大的价值，没有土地，土地就几乎没有任何价值：正是由于劳动，我们才获得了土地所有有用产品的最大部分。因为，那一英亩小麦中的稻草、麦麸、面包比一英亩同样荒芜的好土地的产品更有价值，这一切都是劳动的成果：因为我们吃的面包不仅仅是犁地者的辛劳、收割者和打谷者的辛劳，以及面包师的汗水；那些打牛的人，那些挖掘和锻造铁和石头的人，那些砍伐和建造用于犁、磨坊、烤炉或任何其他器具的木材的人，这些人的劳动数量巨大，是谷物从饲料播种到制作面包所必需的，这些人的劳动都必须计入劳动账户，并作为劳动的结果而被接受：大自然和大地只提供了几乎毫无价值的材料，就像它们本身一样。

It would be a strange catalogue of things, that industry provided and made use of, about every loaf of bread, before it came to our use, if we could trace them; iron, wood, leather, bark, timber, stone, bricks, coals, lime, cloth, dying drugs, pitch, tar, masts, ropes, and all the materials made use of in the ship, that brought any of the commodities made use of by any of the workmen, to any part of the work; all which it would be almost impossible, at least too long, to reckon up.

如果我们能追踪到每条面包在被我们使用之前，工业提供和利用的东西，这将是一个奇怪的目录；铁、木材、皮革、树皮、木材、石头、砖块、煤炭、石灰、布料、染色药物、沥青、焦油、桅杆、绳索以及船上使用的所有材料，将任何工人使用的任何商品带到工作的任何部分；所有这一切几乎是不可能的，至少是太长的时间，无法计算在内。

Sect.

教派。

44.

From all which it is evident, that though the things of nature are given in common, yet man, by being master of himself, and proprietor of his own person, and the actions or labour of it, had still in himself the great foundation of property; and that, which made up the great part of what he applied to the support or comfort of his being, when invention and arts had improved the conveniencies of life, was perfectly his own, and did not belong in common to others.

由此可见，尽管自然物是共有的，但人通过成为自己的主人、自己的个人及其行为或劳动的所有者，仍然拥有财产的伟大基础。当发明和艺术改善了生活的便利性时，他所用的大部分东西都是他自己的，而不属于其他人所共有。

Sect.

教派。

45.

Thus labour, in the beginning, gave a right of property, wherever any one was pleased to employ it upon what was common, which remained a long while the far greater part, and is yet more than mankind makes use of.

因此，劳动从一开始就赋予了财产权，只要有人愿意将其用于公共物品，公共物品在很长一段时间内仍然占很大一部分，而且仍然超出了人类的利用范围。

Men, at first, for the most part, contented themselves with what unassisted nature offered to their necessities: and though afterwards, in some parts of the world, (where the increase of people and stock, with the use of money, had made land scarce, and so of some value) the several communities settled the bounds of their distinct territories, and by laws within themselves regulated the properties of the private men of their society, and so, by compact and agreement, settled the property which labour and industry began; and the leagues that have been made between several states and kingdoms, either expresly or tacitly disowning all claim and right to the land in the others possession, have, by common consent, given up their pretences to their natural common right, which originally they had to those countries, and so have, by positive agreement, settled a property amongst themselves, in distinct parts and parcels of the earth; yet there are still great tracts of ground to be found, which (the inhabitants thereof not having joined with the rest of mankind, in the consent of the use of their common money) lie waste, and are more than the people who dwell on it do, or can make use of, and so still lie in common; tho’ this can scarce happen amongst that part of mankind that have consented to the use of money.

起初，大多数人满足于自然所提供给他们的必需品：尽管后来，在世界的某些地方，（在这些地方，随着货币的使用，人口和牲畜的增加，使得土地变得稀缺，因而具有一定的价值），几个共同体确定了各自独特领土的边界，并通过内部法律规范了其社会中私人的财产，因此，通过契约和协议，确定了劳动和工业开始的财产；几个国家和王国之间所达成的联盟，无论是明示还是默示地否认对对方占有的土地的所有要求和权利，都经过共同同意，放弃了他们对这些国家最初拥有的自然共同权利的借口，因此，通过积极的协议，在地球上不同的部分和地块上在他们之间确定了财产；然而，仍然有大片土地有待发现，这些土地（其中的居民没有与其他人类一起同意使用他们的共同货币）是荒芜的，并且比居住在其上的人们所能利用的或可以利用的土地还要多，因此仍然是公共的；然而，对于那些同意使用金钱的人类来说，这种情况几乎不可能发生。

Sect.

教派。

46.

The greatest part of things really useful to the life of man, and such as the necessity of subsisting made the first commoners of the world look after, as it doth the Americans now, are generally things of short duration; such as, if they are not consumed by use, will decay and perish of themselves: gold, silver and diamonds, are things that fancy or agreement hath put the value on, more than real use, and the necessary support of life.

对人类生活真正有用的事物中的大部分，例如世界上第一批平民所关心的生存必需品，就像美国人现在所做的那样，通常都是短暂的事物；例如，如果它们不被使用所消耗，就会自行腐烂和灭亡：金、银和钻石是幻想或协议所赋予的价值，超过了真正的使用和生命的必要支持。

Now of those good things which nature hath provided in common, every one had a right (as hath been said) to as much as he could use, and property in all that he could effect with his labour; all that his industry could extend to, to alter from the state nature had put it in, was his.

现在，对于大自然所共同提供的美好事物，每个人都有权（如前所述）尽可能多地使用他所能使用的东西，并拥有他通过自己的劳动所能实现的一切的财产权。他的工业所能延伸到的、改变其自然状态的一切，都是他的。

He that gathered a hundred bushels of acorns or apples, had thereby a property in them, they were his goods as soon as gathered.

采集了一百蒲式耳橡子或苹果的人，因此拥有了它们的财产，一旦采集到，它们就是他的财产。

He was only to look, that he used them before they spoiled, else he took more than his share, and robbed others.

他只是为了看看，在它们变质之前用掉它们，否则他就拿走了超过他应得的份额，并抢劫了其他人。

And indeed it was a foolish thing, as well as dishonest, to hoard up more than he could make use of.

事实上，囤积超过他能利用的东西是一件愚蠢的事情，也是不诚实的事情。

If he gave away a part to any body else, so that it perished not uselesly in his possession, these he also made use of.

如果他把一部分送给其他人，以免它在他的占有下毫无用处地消失，那么他也会利用这些。

And if he also bartered away plums, that would have rotted in a week, for nuts that would last good for his eating a whole year, he did no injury; he wasted not the common stock; destroyed no part of the portion of goods that belonged to others, so long as nothing perished uselesly in his hands.

如果他也用一周内就会腐烂的李子换取可以吃一整年的坚果，他也没有受伤；他没有浪费普通股；只要没有东西在他手中无用地毁掉，他就不会毁坏属于他人的那部分货物。

Again, if he would give his nuts for a piece of metal, pleased with its colour; or exchange his sheep for shells, or wool for a sparkling pebble or a diamond, and keep those by him all his life he invaded not the right of others, he might heap up as much of these durable things as he pleased; the exceeding of the bounds of his just property not lying in the largeness of his possession, but the perishing of any thing uselesly in it.

再说一次，如果他愿意用他的坚果换取一块金属，并对它的颜色感到满意；或者用他的羊换贝壳，用羊毛换闪闪发光的鹅卵石或钻石，并终生保留这些东西，他不侵犯他人的权利，他可以随心所欲地堆放这些耐用的东西；超出他正当财产的界限并不在于他拥有的财产的大小，而在于其中任何无用的东西的灭亡。

Sect.

教派。

47.

And thus came in the use of money, some lasting thing that men might keep without spoiling, and that by mutual consent men would take in exchange for the truly useful, but perishable supports of life.

于是就出现了金钱的使用，这是一种人们可以保留而不会损坏的持久的东西，并且经过双方同意，人们可以用它来交换真正有用但易腐烂的生命支持。

Sect.

教派。

48.

And as different degrees of industry were apt to give men possessions in different proportions, so this invention of money gave them the opportunity to continue and enlarge them: for supposing an island, separate from all possible commerce with the rest of the world, wherein there were but an hundred families, but there were sheep, horses and cows, with other useful animals, wholsome fruits, and land enough for corn for a hundred thousand times as many, but nothing in the island, either because of its commonness, or perishableness, fit to supply the place of money; what reason could any one have there to enlarge his possessions beyond the use of his family, and a plentiful supply to its consumption, either in what their own industry produced, or they could barter for like perishable, useful commodities, with others?

由于不同程度的工业很容易给人们带来不同比例的财产，所以货币的发明给了他们继续和扩大财产的机会：假设有一个岛屿，与世界其他地方的一切可能的贸易分开，岛上只有一百户人家，但有羊、马和牛，以及其他有用的动物，健康的水果，以及足够种植十万倍的谷物的土地，但岛上没有任何东西，因为它的普通性或易腐烂性，适合供应钱的地方；任何人有什么理由去扩大他的财产，使其超出家庭的使用范围，并为家庭消费提供充足的供应，无论是他们自己的工业生产的产品，还是他们可以与其他人交换易腐烂的有用商品的东西？

Where there is not some thing, both lasting and scarce, and so valuable to be hoarded up, there men will not be apt to enlarge their possessions of land, were it never so rich, never so free for them to take: for I ask, what would a man value ten thousand, or an hundred thousand acres of excellent land, ready cultivated, and well stocked too with cattle, in the middle of the inland parts of America, where he had no hopes of commerce with other parts of the world, to draw money to him by the sale of the product?

如果没有某种既持久又稀缺且有价值的东西值得囤积起来，人们就不会倾向于扩大他们的土地占有，如果土地从未如此丰富，从未如此自由地获得：因为我问，一个人在美洲内陆地区中部拥有一万或十万英亩耕种良好、牲畜充足的优质土地，在那里他不希望与世界其他地方进行商业贸易，他会值多少钱？产品的销售？

It would not be worth the enclosing, and we should see him give up again to the wild common of nature, whatever was more than would supply the conveniencies of life to be had there for him and his family.

封闭起来是不值得的，我们应该看到他再次放弃对自然的野生共同性，无论什么都足以为他和他的家人提供生活的便利。

Sect.

教派。

49.

Thus in the beginning all the world was America, and more so than that is now; for no such thing as money was any where known.

因此，一开始整个世界都是美国，而且比现在更是如此。因为根本不存在金钱这种东西。

Find out something that hath the use and value of money amongst his neighbours, you shall see the same man will begin presently to enlarge his possessions.

在他的邻居中找出一些具有金钱用途和价值的东西，你会发现同一个人很快就会开始扩大他的财产。

Sect.

教派。

50.

But since gold and silver, being little useful to the life of man in proportion to food, raiment, and carriage, has its value only from the consent of men, whereof labour yet makes, in great part, the measure, it is plain, that men have agreed to a disproportionate and unequal possession of the earth, they having, by a tacit and voluntary consent, found out, a way how a man may fairly possess more land than he himself can use the product of, by receiving in exchange for the overplus gold and silver, which may be hoarded up without injury to any one; these metals not spoiling or decaying in the hands of the possessor.

但是，由于金银对人类生活的用处与食物、衣服和交通相比几乎没有什么用处，它们的价值只有在人们同意的情况下才具有价值，而劳动在很大程度上仍然是衡量其价值的标准，所以很明显，人们已经同意对地球的不成比例和不平等的占有，他们通过默示和自愿的同意，找到了一种方法，一个人可以公平地拥有比他自己可以使用的产品更多的土地，通过换取多余的金和银。银子，可以储存起来，不会对任何人造成伤害；这些金属在拥有者手中不会变质或腐烂。

This partage of things in an inequality of private possessions, men have made practicable out of the bounds of society, and without compact, only by putting a value on gold and silver, and tacitly agreeing in the use of money: for in governments, the laws regulate the right of property, and the possession of land is determined by positive constitutions.

人们在没有契约的情况下，通过对金银进行估价，并默许货币的使用，使这种私人财产不平等的分配在社会范围之外变得可行：因为在政府中，法律规范财产权，而土地的占有则由成文宪法决定。

Sect.

教派。

51.

And thus, I think, it is very easy to conceive, without any difficulty, how labour could at first begin a title of property in the common things of nature, and how the spending it upon our uses bounded it.

因此，我认为，很容易毫无困难地想象劳动如何首先开始对自然的共同事物拥有财产权，以及如何将其用于我们的用途而限制它。

So that there could then be no reason of quarrelling about title, nor any doubt about the largeness of possession it gave.

这样一来，就没有理由争论所有权，也没有理由怀疑它所带来的巨大占有。

Right and conveniency went together; for as a man had a right to all he could employ his labour upon, so he had no temptation to labour for more than he could make use of.

权利与便利是并存的；因为，正如一个人有权获得他可以使用其劳动的一切，因此他不会受诱惑去为超出他所能利用的东西而劳动。

This left no room for controversy about the title, nor for encroachment on the right of others; what portion a man carved to himself, was easily seen; and it was useless, as well as dishonest, to carve himself too much, or take more than he needed.

这样就没有留下关于标题的争议或侵犯他人权利的余地；一个人为自己雕刻了多少部分，是很容易看出的。过多地刻画自己，或者索取超出自己需要的东西，既无益，又不诚实。

CHAPTER.

章。

VI.

六．

OF PATERNAL POWER.

父权。

Sect.

教派。

52.

IT may perhaps be censured as an impertinent criticism, in a discourse of this nature, to find fault with words and names, that have obtained in the world: and yet possibly it may not be amiss to offer new ones, when the old are apt to lead men into mistakes, as this of paternal power probably has done, which seems so to place the power of parents over their children wholly in the father, as if the mother had no share in it; whereas, if we consult reason or revelation, we shall find, she hath an equal title.

在这种性质的话语中，对世界上已有的词语和名字进行挑剔，也许会被指责为无礼的批评；然而，当旧的很容易使人犯错误时，提供新的可能并没有什么错，就像父亲的权力可能所做的那样，这似乎将父母对孩子的权力完全置于父亲手中，仿佛母亲没有参与其中；然而，如果我们查阅理性或启示，我们就会发现，她拥有同等的头衔。

This may give one reason to ask, whether this might not be more properly called parental power?

这也许让人有理由问，这是否可以更恰当地称为父母权力？

for whatever obligation nature and the right of generation lays on children, it must certainly bind them equal to both the concurrent causes of it.

因为无论性质和生育权利赋予儿童什么义务，它都必然使他们受到同等的约束。

And accordingly we see the positive law of God every where joins them together, without distinction, when it commands the obedience of children, Honour thy father and thy mother, Exod.

因此，我们看到上帝的实在法无处不在地将它们毫无区别地结合在一起，当它命令孩子们服从时，“孝敬你的父亲和你的母亲”，出埃及记 19:11。

xx.

xx。

12.

Whosoever curseth his father or his mother, Lev.

凡咒骂父母的，列弗。

xx.

xx。

Ye shall fear every man his mother and his father, Lev.

你们各人要敬畏他的父母，利未记。

xix.

十九。

Children, obey your parents, &c.

孩子们，要服从你的父母，等等。

Eph.

以弗所。

vi.

六.

is the stile of the Old and New Testament.

是旧约和新约的阶梯。

Sect.

教派。

53.

Had but this one thing been well considered, without looking any deeper into the matter, it might perhaps have kept men from running into those gross mistakes, they have made, about this power of parents; which, however it might, without any great harshness, bear the name of absolute dominion, and regal authority, when under the title of paternal power it seemed appropriated to the father, would yet have founded but oddly, and in the very name shewn the absurdity, if this supposed absolute power over children had been called parental; and thereby have discovered, that it belonged to the mother too: for it will but very ill serve the turn of those men, who contend so much for the absolute power and authority of the fatherhood, as they call it, that the mother should have any share in it; and it would have but ill supported the monarchy they contend for, when by the very name it appeared, that that fundamental authority, from whence they would derive their government of a single person only, was not placed in one, but two persons jointly.

如果这一点能够得到充分的考虑，而不需要进行更深入的研究，也许人们就不会在父母的这种权力方面犯下那些严重的错误。然而，尽管它可以毫不严厉地冠以绝对统治权和王权的名义，但当在父权的名义下，它似乎被赋予了父亲时，如果这种对孩子的假定的绝对权力被称为父母权，那么它的建立就会很奇怪，而且从名字本身就表明了荒谬。由此我们发现，它也属于母亲：因为这对那些男人来说是非常不利的，他们如此努力地争夺父亲身份的绝对权力和权威，正如他们所说的那样，母亲应该分享其中的一部分。而且，这只会对他们所主张的君主制产生不利的支持，因为从名称来看，他们只能由一个人获得的基本权力，而不是一个人，而是两个人共同享有的基本权力。

But to let this of names pass.

但要让这个名字过去。

Sect.

教派。

54.

Though I have said above, Chap.

虽然我上面已经说过了，章。

II.

二.

That all men by nature are equal, I cannot be supposed to understand all sorts of equality: age or virtue may give men a just precedency: excellency of parts and merit may place others above the common level: birth may subject some, and alliance or benefits others, to pay an observance to those to whom nature, gratitude, or other respects, may have made it due: and yet all this consists with the equality, which all men are in, in respect of jurisdiction or dominion one over another; which was the equality I there spoke of, as proper to the business in hand, being that equal right, that every man hath, to his natural freedom, without being subjected to the will or authority of any other man.

所有人生来平等，我不能理解各种平等：年龄或美德可能给予人类公正的优先地位：卓越的部分和功绩可能使其他人高于共同水平：出身可能使某些人屈服，联盟或使其他人受益，以向那些本性、感激或其他方面可能应得的人表示敬意：然而，所有这一切都在于所有人在管辖权或统治权方面的平等；这就是我在那里所说的平等，适用于当前的事务，是每个人都拥有的平等权利，享有其自然自由，而不受任何其他人的意志或权威的约束。

Sect.

教派。

55.

Children, I confess, are not born in this full state of equality, though they are born to it.

我承认，孩子们并不是生来就处于这种完全平等的状态，尽管他们生来就是如此。

Their parents have a sort of rule and jurisdiction over them, when they come into the world, and for some time after; but it is but a temporary one.

当他们来到这个世界上时，以及出生后的一段时间内，他们的父母对他们有某种规则和管辖权。但这只是暂时的。

The bonds of this subjection are like the swaddling clothes they are wrapt up in, and supported by, in the weakness of their infancy: age and reason as they grow up, loosen them, till at length they drop quite off, and leave a man at his own free disposal.

这种服从的束缚就像他们在婴儿期的虚弱时期被包裹和支撑的襁褓一样：随着年龄和理性的成长，它们会松开，直到最后它们完全脱落，留下一个人可以自由支配。

Sect.

教派。

56.

Adam was created a perfect man, his body and mind in full possession of their strength and reason, and so was capable, from the first instant of his being to provide for his own support and preservation, and govern his actions according to the dictates of the law of reason which God had implanted in him.

亚当被创造为一个完美的人，他的身体和心灵完全拥有力量和理性，因此从他存在的第一刻起，他就有能力为自己提供支持和保护，并根据上帝植入他体内的理性法则的指示来管理自己的行为。

From him the world is peopled with his descendants, who are all born infants, weak and helpless, without knowledge or understanding: but to supply the defects of this imperfect state, till the improvement of growth and age hath removed them, Adam and Eve, and after them all parents were, by the law of nature, under an obligation to preserve, nourish, and educate the children they had begotten; not as their own workmanship, but the workmanship of their own maker, the Almighty, to whom they were to be accountable for them.

世界上充满了他的后代，他们都是刚出生的婴儿，软弱无助，没有知识或理解力：但为了弥补这种不完美状态的缺陷，直到成长和年龄的改善将它们消除为止，亚当和夏娃，以及在他们之后的所有父母，根据自然法，有义务保护、养育和教育他们所生的孩子；不是他们自己的作品，而是他们自己的创造者——全能者——的作品，他们要对全能者负责。

Sect.

教派。

57.

The law, that was to govern Adam, was the same that was to govern all his posterity, the law of reason.

统治亚当的法律与统治他所有后裔的法律是一样的，即理性的法律。

But his offspring having another way of entrance into the world, different from him, by a natural birth, that produced them ignorant and without the use of reason, they were not presently under that law; for no body can be under a law, which is not promulgated to him; and this law being promulgated or made known by reason only, he that is not come to the use of his reason, cannot be said to be under this law; and Adam’s children, being not presently as soon as born under this law of reason, were not presently free: for law, in its true notion, is not so much the limitation as the direction of a free and intelligent agent to his proper interest, and prescribes no farther than is for the general good of those under that law: could they be happier without it, the law, as an useless thing, would of itself vanish; and that ill deserves the name of confinement which hedges us in only from bogs and precipices.

但他的后代有另一种进入世界的方式，与他不同，通过自然出生，使他们无知且不使用理性，他们目前不受该法律约束；因为任何人都不能受未颁布给他的法律管辖。而该法律的颁布或公布仅靠理性，不运用其理性的人不能说受该法律管辖；亚当的子孙们刚出生在这条理性法则之下，现在还没有自由：因为法律，就其真正的概念而言，与其说是一种限制，不如说是对一个自由而聪明的代理人对其正当利益的指导，并且规定的只是为了那些在该法律之下的人们的普遍利益：如果没有它，他们会更幸福，那么法律作为一个无用的东西，它本身就会消失；这种疾病名副其实地被称为“禁闭”，它只将我们围困在沼泽和悬崖之中。

So that, however it may be mistaken, the end of law is not to abolish or restrain, but to preserve and enlarge freedom: for in all the states of created beings capable of laws, where there is no law, there is no freedom: for liberty is, to be free from restraint and violence from others; which cannot be, where there is no law: but freedom is not, as we are told, a liberty for every man to do what he lists: (for who could be free, when every other man’s humour might domineer over him?) but a liberty to dispose, and order as he lists, his person, actions, possessions, and his whole property, within the allowance of those laws under which he is, and therein not to be subject to the arbitrary will of another, but freely follow his own.

因此，无论可能有什么错误，法律的目的不是废除或限制，而是维护和扩大自由：因为在所有有法律能力的受造物的状态中，没有法律，就没有自由：因为自由就是不受他人的限制和暴力；在没有法律的地方，这是不可能的：但是，正如我们所知道的那样，自由并不是每个人都可以做他所列出的事情的自由：（因为当其他人的幽默都可以支配他时，谁能有自由呢？）而是一种在他所受的法律允许的范围内按照他所列出的方式处置和命令他的人身、行动、财产和整个财产的自由，并且在其中不服从他人的任意意志，而是自由地遵循他自己的意志。

Sect.

教派。

58.

The power, then, that parents have over their children, arises from that duty which is incumbent on them, to take care of their off-spring, during the imperfect state of childhood.

那么，父母对子女的权力源于他们义不容辞的责任，即在不完美的童年状态下照顾子女。

To inform the mind, and govern the actions of their yet ignorant nonage, till reason shall take its place, and ease them of that trouble, is what the children want, and the parents are bound to: for God having given man an understanding to direct his actions, has allowed him a freedom of will, and liberty of acting, as properly belonging thereunto, within the bounds of that law he is under.

教导他们的思想，管理他们尚无知的未成年人的行为，直到理性取代它，减轻他们的麻烦，这是孩子们的愿望，也是父母们的义务：因为上帝赋予了人指导他的行为的理解力，并允许他在他所受的法律范围内有意志的自由和行动的自由，正如适当地属于这些的那样。

But whilst he is in an estate, wherein he has not understanding of his own to direct his will, he is not to have any will of his own to follow: he that understands for him, must will for him too; he must prescribe to his will, and regulate his actions; but when he comes to the estate that made his father a freeman, the son is a freeman too.

但是，当他处于一种状态时，他没有自己的理解来指导他的意志，他就没有任何自己的意志可以遵循：为他理解的人，也必须为他意志；为他理解的人，也必须为他意志；为他理解的人，也必须为他意志；为他理解的人，也必须为他意志；为他理解的人，也必须为他意志。他必须遵循自己的意志，规范自己的行为；但当他来到使他父亲成为自由人的庄园时，儿子也成为了自由人。

Sect.

教派。

59.

This holds in all the laws a man is under, whether natural or civil.

这适用于一个人所遵守的所有法律，无论是自然法还是民事法。

Is a man under the law of nature?

人是在自然法则之下吗？

What made him free of that law?

是什么让他摆脱了这条法律？

what gave him a free disposing of his property, according to his own will, within the compass of that law?

是什么让他能够在法律的范围内按照自己的意愿自由处置自己的财产？

I answer, a state of maturity wherein he might be supposed capable to know that law, that so he might keep his actions within the bounds of it.

我的回答是，在一种成熟的状态下，他可能被认为有能力了解这条法律，这样他就可以将自己的行为控制在法律的范围内。

When he has acquired that state, he is presumed to know how far that law is to be his guide, and how far he may make use of his freedom, and so comes to have it; till then, some body else must guide him, who is presumed to know how far the law allows a liberty.

当他获得这种状态时，他就被认为知道该法律将在多大程度上指导他，以及他可以在多大程度上利用他的自由，因此他就拥有了它；在那之前，必须有其他机构来指导他，而他应该知道法律允许自由的程度。

If such a state of reason, such an age of discretion made him free, the same shall make his son free too.

如果这样的理性状态、这样的判断力年龄使他获得了自由，那么同样也将使他的儿子获得自由。

Is a man under the law of England?

一个人受英国法律管辖吗？

What made him free of that law?

是什么让他摆脱了这条法律？

that is, to have the liberty to dispose of his actions and possessions according to his own will, within the permission of that law?

也就是说，在法律允许的范围内，有按照自己的意愿处置自己的行为和财产的自由？

A capacity of knowing that law; which is supposed by that law, at the age of one and twenty years, and in some cases sooner.

了解该法律的能力；该法律规定的年龄为一岁和二十岁，在某些情况下甚至更早。

If this made the father free, it shall make the son free too.

如果这使父亲获得了自由，那么儿子也将获得自由。

Till then we see the law allows the son to have no will, but he is to be guided by the will of his father or guardian, who is to understand for him.

到那时我们就会看到，法律允许儿子没有遗嘱，但他必须接受父亲或监护人的遗嘱的指导，而父亲或监护人要理解他。

And if the father die, and fail to substitute a deputy in his trust; if he hath not provided a tutor, to govern his son, during his minority, during his want of understanding, the law takes care to do it; some other must govern him, and be a will to him, till he hath attained to a state of freedom, and his understanding be fit to take the government of his will.

如果父亲去世，并且未能任命一位代表来代替他的信托；如果他没有为他的儿子提供家庭教师，在他未成年、缺乏理解力的时候，法律就会照顾他。必须有其他人来统治他，并成为他的意志，直到他达到自由状态，并且他的理解力适合接受他的意志的统治。

But after that, the father and son are equally free as much as tutor and pupil after nonage; equally subjects of the same law together, without any dominion left in the father over the life, liberty, or estate of his son, whether they be only in the state and under the law of nature, or under the positive laws of an established government.

但此后，父亲和儿子就如同成年后的师徒一样自由。同一法律的平等臣民，父亲对儿子的生命、自由或财产没有任何支配权，无论这些支配权是在国家中并受自然法管辖，还是受既定政府的成文法管辖。

Sect.

教派。

60.

But if, through defects that may happen out of the ordinary course of nature, any one comes not to such a degree of reason, wherein he might be supposed capable of knowing the law, and so living within the rules of it, he is never capable of being a free man, he is never let loose to the disposure of his own will (because he knows no bounds to it, has not understanding, its proper guide) but is continued under the tuition and government of others, all the time his own understanding is uncapable of that charge.

但是，如果由于自然过程中可能发生的缺陷，任何人没有达到这样一种程度的理性，即他可能被认为有能力了解法律，并因此生活在法律规则之内，那么他就永远不可能成为一个自由人，他永远不会放任自己意志的支配（因为他不知道自己的意志的界限，没有理解力，也没有正确的指导），而是继续接受他人的指导和管理，而他自己的理解力始终无法承担这种责任。

And so lunatics and ideots are never set free from the government of their parents;

因此，疯子和白痴永远无法摆脱父母的控制。

/# children, who are not as yet come unto those years whereat they may have; and innocents which are excluded by a natural defect from ever having; thirdly, madmen, which for the present cannot possibly have the use of right reason to guide themselves, have for their guide, the reason that guideth other men which are tutors over them, to seek and procure their good for them, #/

/# 孩子们，他们还没有达到他们应有的年龄；以及因自然缺陷而被排除在外的无辜者；第三，疯子目前不可能使用正确的理性来指导自己，他们以理性作为指导，指导其他人，这些人是他们的导师，为他们寻求和获得好处，#/

says Hooker, Eccl.

胡克说。

Pol.

波尔。

lib.

库。

我。

sec.

秒。

All which seems no more than that duty, which God and nature has laid on man, as well as other creatures, to preserve their offspring, till they can be able to shift for themselves, and will scarce amount to an instance or proof of parents regal authority.

所有这一切似乎只不过是上帝和自然赋予人类以及其他生物的责任，以保护他们的后代，直到他们能够为自己而努力，并且几乎不构成父母王权的实例或证明。

Sect.

教派。

61.

Thus we are born free, as we are born rational; not that we have actually the exercise of either: age, that brings one, brings with it the other too.

因此，我们生来自由，正如我们生来理性一样；并不是说我们实际上拥有其中任何一个：年龄带来一个，也带来另一个。

And thus we see how natural freedom and subjection to parents may consist together, and are both founded on the same principle.

因此，我们看到自然的自由和对父母的服从是如何结合在一起的，并且都建立在同一个原则之上。

A child is free by his father’s title, by his father’s understanding, which is to govern him till he hath it of his own.

一个孩子是自由的，因为他父亲的头衔，他父亲的理解，这将统治他，直到他拥有自己的头衔。

The freedom of a man at years of discretion, and the subjection of a child to his parents, whilst yet short of that age, are so consistent, and so distinguishable, that the most blinded contenders for monarchy, by right of fatherhood, cannot miss this difference; the most obstinate cannot but allow their consistency: for were their doctrine all true, were the right heir of Adam now known, and by that title settled a monarch in his throne, invested with all the absolute unlimited power Sir Robert Filmer talks of; if he should die as soon as his heir were born, must not the child, notwithstanding he were never so free, never so much sovereign, be in subjection to his mother and nurse, to tutors and governors, till age and education brought him reason and ability to govern himself and others?

一个人在有自由裁量权的岁月里的自由，和一个孩子对父母的服从，虽然还没有到那个年龄，但却是如此一致和明显的，以至于最盲目的君主制竞争者，凭借父亲的权利，不能忽视这种区别；最顽固的人也不得不承认他们的一致性：因为如果他们的学说都是真实的，如果亚当的正确继承人现在已知，并且通过这个头衔确定了一位君主在他的王位上，并赋予了罗伯特·菲尔默爵士所说的所有绝对无限的权力；如果他的继承人一出生就死了，那么这个孩子，尽管他从未如此自由，从未如此主权，难道不应该服从他的母亲和保姆、导师和统治者，直到年龄和教育给他带来理性和能力来统治自己和他人吗？

The necessities of his life, the health of his body, and the information of his mind, would require him to be directed by the will of others, and not his own; and yet will any one think, that this restraint and subjection were inconsistent with, or spoiled him of that liberty or sovereignty he had a right to, or gave away his empire to those who had the government of his nonage?

他的生活必需品、他身体的健康以及他思想的信息，都要求他受他人意志的支配，而不是他自己的意志；然而，有人会认为这种限制和服从与他应有的自由或主权不符，或者剥夺了他应有的自由或主权，或者将他的帝国拱手让给了那些在他未成年时拥有政府的人吗？

This government over him only prepared him the better and sooner for it.

这个统治他的政府只会让他更好更快地为此做好准备。

If any body should ask me, when my son is of age to be free?

如果有人问我，我的儿子什么时候达到自由的年龄？

I shall answer, just when his monarch is of age to govern.

当他的君主达到执政年龄时，我会回答。

But at what time, says the judicious Hooker, Eccl.

但明智的胡克说，什么时候呢？

Pol.

波尔。

湖

我。

sect.

教派。

a man may be said to have attained so far forth the use of reason, as sufficeth to make him capable of those laws whereby he is then bound to guide his actions: this is a great deal more easy for sense to discern, than for any one by skill and learning to determine.

一个人可以说已经达到了运用理性的程度，足以使他能够遵守那些他必须指导他的行为的法则：这对于感官来说要容易辨别，而对于任何一个通过技能和学习来确定的人来说要容易得多。

Sect.

教派。

62.

Common-wealths themselves take notice of, and allow, that there is a time when men are to begin to act like free men, and therefore till that time require not oaths of fealty, or allegiance, or other public owning of, or submission to the government of their countries.

联邦本身注意到并允许，有一段时间人们开始像自由人一样行事，因此在那之前不需要宣誓效忠、效忠、或其他公共拥有或服从其国家的政府。

Sect.

教派。

63.

The freedom then of man, and liberty of acting according to his own will, is grounded on his having reason, which is able to instruct him in that law he is to govern himself by, and make him know how far he is left to the freedom of his own will.

那么，人的自由，以及按照自己的意志行事的自由，是建立在他有理性的基础上的，理性能够指导他遵循他所遵循的法律，并使他知道他离自己的意志自由还有多远。

To turn him loose to an unrestrained liberty, before he has reason to guide him, is not the allowing him the privilege of his nature to be free; but to thrust him out amongst brutes, and abandon him to a state as wretched, and as much beneath that of a man, as their’s.

在他有理由引导他之前，让他自由地享受不受限制的自由，并不是让他享有自由的本性特权；而是让他拥有自由的权利。而是将他赶出畜生之中，把他遗弃在一个和他们一样悲惨、低于人类的境地。

This is that which puts the authority into the parents hands to govern the minority of their children.

这就是将管理少数子女的权力交到父母手中。

God hath made it their business to employ this care on their offspring, and hath placed in them suitable inclinations of tenderness and concern to temper this power, to apply it, as his wisdom designed it, to the children’s good, as long as they should need to be under it.

上帝把这种关怀放在他们的后代身上是他们的职责，并赋予他们适当的温柔和关心的倾向，以调节这种力量，按照他的智慧所设计的那样，只要孩子们需要在这种力量之下，就可以运用这种力量，为孩子们谋福利。

Sect.

教派。

64.

But what reason can hence advance this care of the parents due to their off-spring into an absolute arbitrary dominion of the father, whose power reaches no farther, than by such a discipline, as he finds most effectual, to give such strength and health to their bodies, such vigour and rectitude to their minds, as may best fit his children to be most useful to themselves and others; and, if it be necessary to his condition, to make them work, when they are able, for their own subsistence.

但是，有什么理由能够将父母对子女的这种照顾推向父亲的绝对专制统治呢？父亲的权力除了通过这样一种他认为最有效的管教之外，没有什么理由可以给予他们的身体如此的力量和健康，给予他们的思想如此的活力和正直，从而最适合他的孩子对他们自己和他人最有用的地方？如果他的情况有必要，在他们有能力的情况下，让他们工作以维持生计。

But in this power the mother too has her share with the father.

但母亲也有与父亲一样的权力。

Sect.

教派。

65.

Nay, this power so little belongs to the father by any peculiar right of nature, but only as he is guardian of his children, that when he quits his care of them, he loses his power over them, which goes along with their nourishment and education, to which it is inseparably annexed; and it belongs as much to the foster-father of an exposed child, as to the natural father of another.

不仅如此，这种权力几乎不属于父亲任何特殊的自然权利，而是只有当他是孩子的监护人时，当他不再照顾他们时，他就失去了对他们的权力，这种权力与他们的营养和教育是密不可分的。它既属于一个暴露的孩子的养父，也属于另一个孩子的亲生父亲。

So little power does the bare act of begetting give a man over his issue; if all his care ends there, and this be all the title he hath to the name and authority of a father.

仅仅生育的行为并不能给予一个人解决他的问题的权力。如果他所有的关心到此结束，这就是他对父亲的名义和权威的全部权利。

And what will become of this paternal power in that part of the world, where one woman hath more than one husband at a time?

在世界上一个女人同时拥有多个丈夫的地方，这种父权会变成什么样子呢？

or in those parts of America, where, when the husband and wife part, which happens frequently, the children are all left to the mother, follow her, and are wholly under her care and provision?

或者在美国的那些地方，当丈夫和妻子分开时（这种情况经常发生），孩子们都留给母亲，跟随她，完全由她照顾和供养？

If the father die whilst the children are young, do they not naturally every where owe the same obedience to their mother, during their minority, as to their father were he alive?

如果父亲在孩子们还小的时候就去世了，那么他们在未成年时，难道不自然地在任何地方都应该服从他们的母亲，正如他们的父亲在世时一样？

and will any one say, that the mother hath a legislative power over her children?

有人会说母亲对她的孩子有立法权吗？

that she can make standing rules, which shall be of perpetual obligation, by which they ought to regulate all the concerns of their property, and bound their liberty all the course of their lives?

她可以制定长期规则，这些规则具有永久的义务，他们应该通过这些规则来管理他们的财产的所有问题，并在他们的一生中限制他们的自由？

or can she inforce the observation of them with capital punishments?

或者她可以用死刑来强制观察他们吗？

for this is the proper power of the magistrate, of which the father hath not so much as the shadow.

因为这是行政长官应有的权力，父亲对此连影子也没有。

His command over his children is but temporary, and reaches not their life or property: it is but a help to the weakness and imperfection of their nonage, a discipline necessary to their education: and though a father may dispose of his own possessions as he pleases, when his children are out of danger of perishing for want, yet his power extends not to the lives or goods, which either their own industry, or another’s bounty has made their’s; nor to their liberty neither, when they are once arrived to the infranchisement of the years of discretion.

他对子女的命令只是暂时的，并不涉及他们的生命或财产：这只是对他们未成年时的软弱和不完美的一种帮助，是对他们教育所必需的一种纪律：尽管当他的子女摆脱了因匮乏而灭亡的危险时，父亲可以随心所欲地处置自己的财产，但他的权力不能延伸到他们自己的勤奋或他人的慷慨所创造的生命或财产；当他们一旦到达了在自由裁量权的岁月中被剥夺选举权的时候，也不会对他们的自由产生影响。

The father’s empire then ceases, and he can from thence forwards no more dispose of the liberty of his son, than that of any other man: and it must be far from an absolute or perpetual jurisdiction, from which a man may withdraw himself, having license from divine authority to leave father and mother, and cleave to his wife.

那么，父亲的帝国就终止了，从那时起，他就不能像任何其他人一样处置儿子的自由了：它一定不是绝对的或永久的管辖权，一个人可以从这种管辖权中退出，并获得神圣权威的许可，可以离开父母，与妻子结合。

Sect.

教派。

66.

But though there be a time when a child comes to be as free from subjection to the will and command of his father, as the father himself is free from subjection to the will of any body else, and they are each under no other restraint, but that which is common to them both, whether it be the law of nature, or municipal law of their country; yet this freedom exempts not a son from that honour which he ought, by the law of God and nature, to pay his parents.

但是，尽管有一段时间，孩子不再服从父亲的意志和命令，就像父亲本人不再服从任何其他人的意志一样，他们彼此不受其他约束，除了他们共同的约束，无论是自然法，还是他们国家的地方法；然而，这种自由并不能免除儿子根据上帝和自然的法则应给予父母的荣誉。

God having made the parents instruments in his great design of continuing the race of mankind, and the occasions of life to their children; as he hath laid on them an obligation to nourish, preserve, and bring up their offspring; so he has laid on the children a perpetual obligation of honouring their parents, which containing in it an inward esteem and reverence to be shewn by all outward expressions, ties up the child from any thing that may ever injure or affront, disturb or endanger, the happiness or life of those from whom he received his; and engages him in all actions of defence, relief, assistance and comfort of those, by whose means he entered into being, and has been made capable of any enjoyments of life: from this obligation no state, no freedom can absolve children.

上帝使父母成为他延续人类种族的伟大计划的工具，并为他们的孩子提供了生命的机会；因为他赋予他们养育、保护和养育后代的义务；因此，他赋予孩子们永远的孝敬父母的义务，这种义务包含着内心的尊重和通过一切外在表现出来的尊敬，使孩子免受任何可能伤害或冒犯、扰乱或危及他从父母那里得到幸福或生命的事情的影响。并让他参与所有保护、救济、援助和安慰那些人的行动，他是通过这些人而诞生的，并且能够享受生活的任何乐趣：任何国家、任何自由都不能免除儿童的这一义务。

But this is very far from giving parents a power of command over their children, or an authority to make laws and dispose as they please of their lives or liberties.

但这远未赋予父母对子女的指挥权，或制定法律并随心所欲地处置自己的生命或自由的权力。

It is one thing to owe honour, respect, gratitude and assistance; another to require an absolute obedience and submission.

荣誉、尊重、感激和帮助是一回事，而另一回事又是一回事。另一个要求绝对服从和服从。

The honour due to parents, a monarch in his throne owes his mother; and yet this lessens not his authority, nor subjects him to her government.

孝敬父母，君王在位时，应孝敬母亲；但这并没有削弱他的权威，也没有让他服从她的政府。

Sect.

教派。

67.

The subjection of a minor places in the father a temporary government, which terminates with the minority of the child: and the honour due from a child, places in the parents a perpetual right to respect, reverence, support and compliance too, more or less, as the father’s care, cost, and kindness in his education, has been more or less.

未成年人对父亲的服从构成了一个临时政府，而这个临时政府以孩子的未成年人而告终：而孩子应得的荣誉，也赋予父母永久的尊重、崇敬、支持和服从的权利，或多或少，就像父亲在教育中的照顾、成本和仁慈一样。

This ends not with minority, but holds in all parts and conditions of a man’s life.

这不仅适用于少数群体，而且适用于一个人生活的所有部分和条件。

The want of distinguishing these two powers, viz.

想要区分这两种权力，即。

that which the father hath in the right of tuition, during minority, and the right of honour all his life, may perhaps have caused a great part of the mistakes about this matter: for to speak properly of them, the first of these is rather the privilege of children, and duty of parents, than any prerogative of paternal power.

父亲在未成年时享有的学费权和终生享有的荣誉权，也许造成了在这个问题上的大部分错误：因为正确地说，其中第一个是子女的特权和父母的义务，而不是任何父亲权力的特权。

The nourishment and education of their children is a charge so incumbent on parents for their children’s good, that nothing can absolve them from taking care of it: and though the power of commanding and chastising them go along with it, yet God hath woven into the principles of human nature such a tenderness for their off-spring, that there is little fear that parents should use their power with too much rigour; the excess is seldom on the severe side, the strong byass of nature drawing the other way.

为了孩子的利益，养育和教育孩子是父母义不容辞的责任，任何事情都不能免除他们的照顾：虽然命令和惩罚他们的权力也随之而来，但上帝却把对孩子的温柔融入到了人性的原则中，以至于不用担心父母会过于严格地使用他们的权力；过度的行为很少会造成严重的后果，大自然的强大力量会引向相反的方向。

And therefore God almighty when he would express his gentle dealing with the Israelites, he tells them, that though he chastened them, he chastened them as a man chastens his son, Deut.

因此，当全能的上帝向以色列人表达他的温柔对待时，他告诉他们，虽然他管教他们，但他管教他们就像一个人管教他的儿子一样。

viii.

八.

i.e. with tenderness and affection, and kept them under no severer discipline than what was absolutely best for them, and had been less kindness to have slackened.

即以温柔和慈爱的态度对待他们，不让他们受到比绝对对他们最好的更严厉的纪律约束，而放松下来就不太仁慈了。

This is that power to which children are commanded obedience, that the pains and care of their parents may not be increased, or ill rewarded.

这就是孩子们被要求服从的权力，这样他们的父母的痛苦和照顾就不会增加，或者得到不好的回报。

Sect.

教派。

68.

On the other side, honour and support, all that which gratitude requires to return for the benefits received by and from them, is the indispensable duty of the child, and the proper privilege of the parents.

另一方面，荣誉和支持，以及从孩子那里得到的好处所需要的感激之情，是孩子不可缺少的义务，也是父母应有的特权。

This is intended for the parents advantage, as the other is for the child’s; though education, the parents duty, seems to have most power, because the ignorance and infirmities of childhood stand in need of restraint and correction; which is a visible exercise of rule, and a kind of dominion.

这是为了父母的利益，而另一个是为了孩子的利益；尽管教育作为父母的责任似乎具有最大的力量，因为童年的无知和软弱需要克制和纠正；这是一种明显的统治行为，也是一种统治。

And that duty which is comprehended in the word honour, requires less obedience, though the obligation be stronger on grown, than younger children: for who can think the command, Children obey your parents, requires in a man, that has children of his own, the same submission to his father, as it does in his yet young children to him; and that by this precept he were bound to obey all his father’s commands, if, out of a conceit of authority, he should have the indiscretion to treat him still as a boy?

荣誉这个词所包含的义务，虽然对成年人的义务比年幼的孩子更强烈，但要求的服从却较少：因为谁能想到“孩子服从你的父母”这个命令，要求一个有自己孩子的人对父亲有同样的服从，就像他年幼的孩子对他的服从一样。根据这条戒律，如果他出于对权威的自负而轻率地把他当作一个孩子对待，他就必须遵守他父亲的所有命令？

Sect.

教派。

69.

The first part then of paternal power, or rather duty, which is education, belongs so to the father, that it terminates at a certain season; when the business of education is over, it ceases of itself, and is also alienable before: for a man may put the tuition of his son in other hands; and he that has made his son an apprentice to another, has discharged him, during that time, of a great part of his obedience both to himself and to his mother.

那么，父亲权力的第一部分，或者更确切地说，义务，即教育，属于父亲，因此它在某个季节终止。当教育事业结束时，它会自行终止，并且在此之前也是可以转让的：因为一个人可以将儿子的学费交到别人手中；如果一个人让自己的儿子成为另一个人的学徒，那么他在这段时间内就放弃了对自己和母亲的大部分服从。

But all the duty of honour, the other part, remains never the less entire to them; nothing can cancel that: it is so inseparable from them both, that the father’s authority cannot dispossess the mother of this right, nor can any man discharge his son from honouring her that bore him.

但所有的荣誉义务，即另一部分，对他们来说仍然是完整的。没有什么可以抵消这一点：这与他们两人密不可分，父亲的权威不能剥夺母亲的这项权利，任何人也不能免除儿子对生下他的母亲的尊重。

But both these are very far from a power to make laws, and enforcing them with penalties, that may reach estate, liberty, limbs and life.

但这两种权力都远非制定法律并通过惩罚来执行法律的权力，而这种权力可能会影响财产、自由、肢体和生命。

The power of commanding ends with nonage; and though, after that, honour and respect, support and defence, and whatsoever gratitude can oblige a man to, for the highest benefits he is naturally capable of, be always due from a son to his parents; yet all this puts no scepter into the father’s hand, no sovereign power of commanding.

发号施令的权力到了成年就结束了；尽管在那之后，荣誉和尊重，支持和辩护，以及任何感激之情都可以迫使一个人，为了他自然能够获得的最高利益，永远是儿子对父母应有的；然而，这一切并没有把权杖交到父亲手中，也没有把指挥权交到父亲手中。

He has no dominion over his son’s property, or actions; nor any right, that his will should prescribe to his son’s in all things; however it may become his son in many things, not very inconvenient to him and his family, to pay a deference to it.

他对儿子的财产或行为没有支配权；也没有任何权利让他的意志在一切事情上规定他儿子的意志；然而，在很多事情上，他的儿子可能会尊重这一点，这对他和他的家人来说并不是很不方便。

Sect.

教派。

70.

A man may owe honour and respect to an ancient, or wise man; defence to his child or friend; relief and support to the distressed; and gratitude to a benefactor, to such a degree, that all he has, all he can do, cannot sufficiently pay it: but all these give no authority, no right to any one, of making laws over him from whom they are owing.

一个人可能会对一位古代人或智者表示尊敬和尊重；为其孩子或朋友辩护；对受困者的救济和支持；对恩人的感激之情，到了他所拥有的一切、他所能做的一切都不足以偿还的程度：但所有这些都没有赋予任何人制定法律的权力，没有权利对他们所欠的人制定法律。

And it is plain, all this is due not only to the bare title of father; not only because, as has been said, it is owing to the mother too; but because these obligations to parents, and the degrees of what is required of children, may be varied by the different care and kindness, trouble and expence, which is often employed upon one child more than another.

很明显，这一切不仅归功于父亲这个赤裸裸的头衔；正如前面所说，这不仅是因为这也是母亲的功劳；但是，因为这些对父母的义务以及对孩子的要求程度，可能会因照顾和善意、麻烦和费用的不同而有所不同，而这些往往对一个孩子比另一个孩子更多。

Sect.

教派。

71.

This shews the reason how it comes to pass, that parents in societies, where they themselves are subjects, retain a power over their children, and have as much right to their subjection, as those who are in the state of nature.

这说明了为什么会发生这样的情况：在社会中，父母本身就是臣民，对他们的孩子保留着权力，并且与处于自然状态的人一样有权利服从他们的孩子。

Which could not possibly be, if all political power were only paternal, and that in truth they were one and the same thing: for then, all paternal power being in the prince, the subject could naturally have none of it.

如果所有的政治权力都只是父权的话，这是不可能的，而且实际上它们是同一个东西：因为那时，所有父权都在君主手中，臣民自然不可能拥有任何权力。

But these two powers, political and paternal, are so perfectly distinct and separate; are built upon so different foundations, and given to so different ends, that every subject that is a father, has as much a paternal power over his children, as the prince has over his: and every prince, that has parents, owes them as much filial duty and obedience, as the meanest of his subjects do to their’s; and can therefore contain not any part or degree of that kind of dominion, which a prince or magistrate has over his subject.

但这两种权力，政治权力和父权权力，是截然不同且独立的。建立在如此不同的基础上，并赋予如此不同的目的，以至于每个身为父亲的臣民对他的孩子都拥有父权，就像王子对他的孩子一样。每一个有父母的王子都对他们负有孝顺的责任和服从，就像他的臣民中最卑鄙的人对他们的孩子一样；因此，不能包含任何部分或程度的君主或地方长官对其臣民拥有的那种统治权。

Sect.

教派。

72.

Though the obligation on the parents to bring up their children, and the obligation on children to honour their parents, contain all the power on the one hand, and submission on the other, which are proper to this relation, yet there is another power ordinarily in the father, whereby he has a tie on the obedience of his children; which tho’ it be common to him with other men, yet the occasions of shewing it, almost constantly happening to fathers in their private families, and the instances of it elsewhere being rare, and less taken notice of, it passes in the world for a part of paternal jurisdiction.

尽管父母养育子女的义务和子女孝敬父母的义务，一方面包含了适合这种关系的所有权力，另一方面包含了服从，但父亲通常还有另一种权力，通过这种权力，他与子女的服从有联系；虽然这对他和其他男人来说是很常见的，但表现出这种情况的场合几乎经常发生在私人家庭中的父亲身上，而在其他地方这种情况很少见，也很少被人注意到，它在世界上被视为父亲管辖权的一部分。

And this is the power men generally have to bestow their estates on those who please them best; the possession of the father being the expectation and inheritance of the children, ordinarily in certain proportions, according to the law and custom of each country; yet it is commonly in the father’s power to bestow it with a more sparing or liberal hand, according as the behaviour of this or that child hath comported with his will and humour.

这就是人们通常拥有的权力，可以将自己的财产授予那些最喜欢他们的人。父亲的财产是子女的期望和继承权，通常根据每个国家的法律和习惯按一定比例分配；然而，父亲通常有权根据这个或那个孩子的行为是否符合他的意愿和幽默感，给予他更多的宽容或慷慨的帮助。

Sect.

教派。

73.

This is no small tie on the obedience of children: and there being always annexed to the enjoyment of land, a submission to the government of the country, of which that land is a part; it has been commonly supposed, that a father could oblige his posterity to that government, of which he himself was a subject, and that his compact held them; whereas, it being only a necessary condition annexed to the land, and the inheritance of an estate which is under that government, reaches only those who will take it on that condition, and so is no natural tie or engagement, but a voluntary submission: for every man’s children being by nature as free as himself, or any of his ancestors ever were, may, whilst they are in that freedom, choose what society they will join themselves to, what commonwealth they will put themselves under.

这对儿童的服从来说是一个不小的纽带：享受土地总是伴随着对国家政府的服从，而土地是国家政府的一部分；人们普遍认为，父亲可以让他的子孙服从那个政府，而他本人就是这个政府的臣民，并且他的契约约束了他们。然而，它只是附属于土地的一个必要条件，而在该政府管辖下的遗产的继承权只到达那些愿意在该条件下继承的人，因此不是自然的联系或契约，而是一种自愿的服从：因为每个人的孩子生来就像他自己或他的任何祖先一样自由，可以在处于这种自由中时选择他们将加入哪个社会，他们将把自己置于哪个共和国之下。

But if they will enjoy the inheritance of their ancestors, they must take it on the same terms their ancestors had it, and submit to all the conditions annexed to such a possession.

但是，如果他们要享受祖先的遗产，他们就必须以与祖先拥有遗产相同的条件来接受它，并遵守这种财产所附加的所有条件。

By this power indeed fathers oblige their children to obedience to themselves, even when they are past minority, and most commonly too subject them to this or that political power: but neither of these by any peculiar right of fatherhood, but by the reward they have in their hands to inforce and recompence such a compliance; and is no more power than what a French man has over an English man, who by the hopes of an estate he will leave him, will certainly have a strong tie on his obedience: and if, when it is left him, he will enjoy it, he must certainly take it upon the conditions annexed to the possession of land in that country where it lies, whether it be France or England.

确实，父亲通过这种权力强迫孩子们服从自己，即使他们已不再是少数，而且最常见的是让他们服从这样或那样的政治权力：但这两种权力都不是通过任何特殊的父亲权利，而是通过他们手中的奖励来强制和补偿这种服从；而这些权利并不是通过任何特殊的父亲权利来实现的。法国人对英国人拥有的权力并不比法国人拥有的权力更大，英国人因希望获得一份财产而离开他，因此肯定会与他的服从有紧密的联系：如果当他离开他时，他要享受它，他当然必须以在其所在国家拥有土地所附带的条件为条件，无论是法国还是英国。

Sect.

教派。

74.

To conclude then, tho’ the father’s power of commanding extends no farther than the minority of his children, and to a degree only fit for the discipline and government of that age; and tho’ that honour and respect, and all that which the Latins called piety, which they indispensably owe to their parents all their life-time, and in all estates, with all that support and defence is due to them, gives the father no power of governing, i.e. making laws and enacting penalties on his children; though by all this he has no dominion over the property or actions of his son: yet it is obvious to conceive how easy it was, in the first ages of the world, and in places still, where the thinness of people gives families leave to separate into unpossessed quarters, and they have room to remove or plant themselves in yet vacant habitations, for the father of the family to become the prince of it;* he had been a ruler from the beginning of the infancy of his children: and since without some government it would be hard for them to live together, it was likeliest it should, by the express or tacit consent of the children when they were grown up, be in the father, where it seemed without any change barely to continue; when indeed nothing more was required to it, than the permitting the father to exercise alone, in his family, that executive power of the law of nature, which every free man naturally hath, and by that permission resigning up to him a monarchical power, whilst they remained in it.

总而言之，父亲的指挥权仅限于他的少数孩子，其程度也只适合那个时代的纪律和统治；尽管荣誉和尊重，以及拉丁人所谓的虔诚，是他们一生中不可缺少的对父母的义务，在所有的财产中，以及所有的支持和保护都应归功于他们，但父亲没有权力进行统治，即为他的孩子制定法律和实施惩罚；尽管通过这一切，他对他儿子的财产或行为没有统治权：但很明显，在世界的最初时代，在那些人口稀少的地方，人们可以把家庭分开到无人居住的地方，他们有空间搬走或安置在尚未空置的住所，让家庭的父亲成为家庭的王子；*他从孩子们的婴儿期开始就一直是一个统治者：从那时起，没有一些人可以统治他的儿子。如果孩子们长大后明示或默许，他们就很难生活在一起，最有可能的是，在孩子们长大后，他们应该在父亲身边，而这似乎没有任何改变，几乎无法继续下去；事实上，除了允许父亲在他的家庭中单独行使每个自由人自然拥有的自然法的行政权力之外，实际上没有什么其他要求了，并且通过这种许可，将君主权力交给了他，而他们仍然保留在其中。

But that this was not by any paternal right, but only by the consent of his children, is evident from hence, that no body doubts, but if a stranger, whom chance or business had brought to his family, had there killed any of his children, or committed any other fact, he might condemn and put him to death, or other-wise have punished him, as well as any of his children; which it was impossible he should do by virtue of any paternal authority over one who was not his child, but by virtue of that executive power of the law of nature, which, as a man, he had a right to: and he alone could punish him in his family, where the respect of his children had laid by the exercise of such a power, to give way to the dignity and authority they were willing should remain in him, above the rest of his family.

但这不是出于任何父亲的权利，而只是经过他的孩子们的同意，由此可见，没有人会怀疑，但如果一个陌生人，偶然或生意把他带到了他的家庭，如果在那里杀死了他的任何孩子，或犯下了任何其他事实，他可能会谴责并处死他，或者以其他方式惩罚他以及他的任何孩子；他不可能凭借对非他孩子的任何父亲权威来做到这一点，而是凭借自然法的执行权力，作为一个男人，他有权这样做：只有他才能在他的家庭中惩罚他，他的孩子们通过行使这种权力而赢得了尊重，让位给他们愿意保留在他身上的尊严和权威，高于他的家庭其他成员。

(*It is no improbable opinion therefore, which the archphilosopher was of, that the chief person in every houshold was always, as it were, a king: so when numbers of housholds joined themselves in civil societies together, kings were the first kind of governors amongst them, which is also, as it seemeth, the reason why the name of fathers continued still in them, who, of fathers, were made rulers; as also the ancient custom of governors to do as Melchizedec, and being kings, to exercise the office of priests, which fathers did at the first, grew perhaps by the same occasion.

（*因此，这位大哲学家的观点是，每个家庭的主要人物总是可以说是国王：因此，当许多家庭在文明社会中联合起来时，国王是他们中的第一种统治者，这似乎也是父亲的名字在他们身上继续存在的原因，他们是父亲中的统治者；这也是统治者按照古老的习俗行事的原因。麦基洗德，作为国王，行使祭司的职分，这是祖先们最初所做的，也许也是在同一时刻发展起来的。

Howbeit, this is not the only kind of regiment that has been received in the world.

然而，这并不是世界上接收的唯一一种军团。

The inconveniences of one kind have caused sundry others to be devised; so that in a word, all public regiment, of what kind soever, seemeth evidently to have risen from the deliberate advice, consultation and composition between men, judging it convenient and behoveful; there being no impossibility in nature considered by itself, but that man might have lived without any public regiment, Hooker’s Eccl.

一种不便导致了其他各种不便的设计。因此，总而言之，所有公共团体，无论何种类型，显然都是由人们之间经过深思熟虑的建议、协商和组成而产生的，他们认为这样做是方便和合理的。胡克的《传道书》认为，自然本身并没有不可能的事，但人可能在没有任何公共团体的情况下生活。

Pol.

波尔。

lib.

库。

岛

sect.

教派。

10.)

Sect.

教派。

75.

Thus it was easy, and almost natural for children, by a tacit, and scarce avoidable consent, to make way for the father’s authority and government.

因此，对于孩子们来说，通过一种默许的、不可避免的同意，为父亲的权威和政府让路是很容易的，几乎是自然的。

They had been accustomed in their childhood to follow his direction, and to refer their little differences to him, and when they were men, who fitter to rule them?

他们从小就习惯于听从他的指挥，把自己的小分歧向他反映，而当他们成年后，谁更适合统治他们呢？

Their little properties, and less covetousness, seldom afforded greater controversies; and when any should arise, where could they have a fitter umpire than he, by whose care they had every one been sustained and brought up, and who had a tenderness for them all?

他们的财产不多，贪婪程度也较低，因此很少引起更大的争议。当任何人出现时，他们哪里能找到比他更合适的裁判呢？在他的照顾下，他们每个人都得以维持和成长，而且他对他们所有人都充满温柔？

It is no wonder that they made no distinction betwixt minority and full age; nor looked after one and twenty, or any other age that might make them the free disposers of themselves and fortunes, when they could have no desire to be out of their pupilage: the government they had been under, during it, continued still to be more their protection than restraint; and they could no where find a greater security to their peace, liberties, and fortunes, than in the rule of a father.

难怪他们不区分未成年人和成年人。当他们不想脱离学生时代时，也不关心一岁和二十岁或任何其他可能使他们成为自己和财产的自由支配者的年龄：在此期间他们所受的政府仍然更多地是对他们的保护而不是限制；对于他们的和平、自由和财富来说，没有什么地方比父亲的统治更有保障了。

Sect.

教派。

76.

Thus the natural fathers of families, by an insensible change, became the politic monarchs of them too: and as they chanced to live long, and leave able and worthy heirs, for several successions, or otherwise; so they laid the foundations of hereditary, or elective kingdoms, under several constitutions and manners, according as chance, contrivance, or occasions happened to mould them.

因此，家庭的亲生父亲，通过一种不知不觉的变化，也成为了他们的政治君主：当他们碰巧活得很长，并留下有能力和有价值的继承人时，可以进行多次继承，或者以其他方式;因此，他们根据偶然、设计或偶然的情况，根据多种宪法和方式，奠定了世袭或选举王国的基础。

But if princes have their titles in their fathers right, and it be a sufficient proof of the natural right of fathers to political authority, because they commonly were those in whose hands we find, de facto, the exercise of government: I say, if this argument be good, it will as strongly prove, that all princes, nay princes only, ought to be priests, since it is as certain, that in the beginning, the father of the family was priest, as that he was ruler in his own houshold.

但是，如果诸侯拥有其父亲的头衔，这足以证明父亲对政治权威的自然权利，因为我们实际上发现，他们通常是那些掌握着政府行使权的人：我说，如果这个论点是正确的，那么它将有力地证明，所有的诸侯，不仅是诸侯，都应该是牧师，因为可以肯定的是，从一开始，家庭的父亲就是牧师，就像他是自己家庭的统治者一样。

CHAPTER.

章。

VII.

七．

OF POLITICAL OR CIVIL SOCIETY.

政治或公民社会的。

Sect.

教派。

77.

GOD having made man such a creature, that in his own judgment, it was not good for him to be alone, put him under strong obligations of necessity, convenience, and inclination to drive him into society, as well as fitted him with understanding and language to continue and enjoy it.

上帝创造了人类这样一种生物，根据他自己的判断，他独自一人是不好的，上帝赋予他强烈的必要性、便利性和倾向的义务，驱使他进入社会，并赋予他理解和语言以继续和享受社会。

The first society was between man and wife, which gave beginning to that between parents and children; to which, in time, that between master and servant came to be added: and though all these might, and commonly did meet together, and make up but one family, wherein the master or mistress of it had some sort of rule proper to a family; each of these, or all together, came short of political society, as we shall see, if we consider the different ends, ties, and bounds of each of these.

第一个社会是夫妻之间，由此开始了父母与子女之间的社会；随着时间的推移，主人和仆人之间的关系被添加进来：尽管所有这些人可能而且通常确实聚集在一起，组成一个家庭，其中主人或女主人拥有某种家庭特有的规则；如果我们考虑其中每一个的不同目的、联系和界限，我们将会看到，这些中的每一个或全部都达不到政治社会的要求。

Sect.

教派。

78.

Conjugal society is made by a voluntary compact between man and woman; and tho’ it consist chiefly in such a communion and right in one another’s bodies as is necessary to its chief end, procreation; yet it draws with it mutual support and assistance, and a communion of interests too, as necessary not only to unite their care and affection, but also necessary to their common off-spring, who have a right to be nourished, and maintained by them, till they are able to provide for themselves.

婚姻社会是由男女自愿缔结的；尽管它主要在于彼此身体上的交流和权利，这是其主要目的（繁衍）所必需的。然而，它也带来了相互支持和帮助，以及利益的共享，这不仅是团结他们的关心和感情所必需的，而且对于他们共同的后代也是必要的，他们有权得到他们的滋养和维持，直到他们能够养活自己。

Sect.

教派。

79.

For the end of conjunction, between male and female, being not barely procreation, but the continuation of the species; thisconjunction betwixt male and female ought to last, even after procreation, so long as is necessary to the nourishment and support of the young ones, who are to be sustained by those that got them, till they are able to shift and provide for themselves.

因为雄性和雌性之间的结合的终结不仅仅是生育，而是物种的延续；男性和女性之间的这种结合应该持续下去，即使在生育之后，只要对幼崽的营养和支持是必要的，幼崽将由那些拥有它们的人来维持，直到他们能够转移并养活自己。

This rule, which the infinite wise maker hath set to the works of his hands, we find the inferior creatures steadily obey.

无限智慧的创造者为他的双手所制定的规则，我们发现低等生物始终遵守。

In those viviparous animals which feed on grass, the conjunction between male and female lasts no longer than the very act of copulation; because the teat of the dam being sufficient to nourish the young, till it be able to feed on grass, the male only begets, but concerns not himself for the female or young, to whose sustenance he can contribute nothing.

在那些以草为食的胎生动物中，雄性和雌性之间的结合持续时间不超过交配行为本身。因为母牛的奶头足以滋养幼崽，直到它能够吃草为止，雄性只会生育，而不关心雌性或幼崽，他对它们的生存没有任何贡献。

But in beasts of prey the conjunction lasts longer: because the dam not being able well to subsist herself, and nourish her numerous off-spring by her own prey alone, a more laborious, as well as more dangerous way of living, than by feeding on grass, the assistance of the male is necessary to the maintenance of their common family, which cannot subsist till they are able to prey for themselves, but by the joint care of male and female.

但在猛兽中，这种结合持续的时间更长：因为雌性不能很好地维持自己的生存，也不能仅靠自己的猎物来养育她众多的后代，这是一种比吃草更费力、也更危险的生活方式，雄性的帮助对于维持它们共同的家庭是必要的，只有当它们能够为自己捕食时，这个家庭才能生存，只有通过雄性和雌性的共同照顾。

The same is to be observed in all birds, (except some domestic ones, where plenty of food excuses the cock from feeding, and taking care of the young brood) whose young needing food in the nest, the cock and hen continue mates, till the young are able to use their wing, and provide for themselves.

在所有鸟类中都观察到同样的情况（除了一些家养鸟类，在这些鸟类中，充足的食物使公鸡无法进食和照顾幼鸟），当幼鸟在巢中需要食物时，公鸡和母鸡继续交配，直到幼鸟能够使用它们的翅膀并养活自己。

Sect.

教派。

80.

And herein I think lies the chief, if not the only reason, why the male and female in mankind are tied to a longer conjunction than other creatures, viz.

我认为这就是为什么人类中的男性和女性比其他生物的结合时间更长的主要原因（如果不是唯一的原因）。

because the female is capable of conceiving, and de facto is commonly with child again, and brings forth too a new birth, long before the former is out of a dependency for support on his parents help, and able to shift for himself, and has all the assistance is due to him from his parents: whereby the father, who is bound to take care for those he hath begot, is under an obligation to continue in conjugal society with the same woman longer than other creatures, whose young being able to subsist of themselves, before the time of procreation returns again, the conjugal bond dissolves of itself, and they are at liberty, till Hymen at his usual anniversary season summons them again to chuse new mates.

因为女性有能力受孕，并且实际上通常会再次怀孕，并在前者摆脱对父母帮助的依赖，并且能够为自己转移，并从父母那里得到所有帮助之前，也产生了新的出生：因此，有义务照顾他所生孩子的父亲，有义务与同一个女人在婚姻社会中比其他生物持续更长时间，其后代能够在怀孕之前独立生存。生育再次回归，夫妻关系自行解散，他们获得了自由，直到海门在他通常的周年纪念日再次召唤他们去选择新的伴侣。

Wherein one cannot but admire the wisdom of the great Creator, who having given to man foresight, and an ability to lay up for the future, as well as to supply the present necessity, hath made it necessary, that society of man and wife should be more lasting, than of male and female amongst other creatures; that so their industry might be encouraged, and their interest better united, to make provision and lay up goods for their common issue, which uncertain mixture, or easy and frequent solutions of conjugal society would mightily disturb.

在这里，人们不能不钦佩伟大造物主的智慧，他赋予人类远见，赋予人类为未来积蓄的能力，以及满足当前必需品的能力，使得男人和妻子的社会比其他生物中的男性和女性的社会更持久是必要的；这样，他们的勤奋就会受到鼓励，他们的利益就会更好地团结起来，为他们的共同问题提供物资和储备物资，而夫妻社会的不确定混合或简单而频繁的解决方案会极大地扰乱这些共同问题。

Sect.

教派。

81.

But tho’ these are ties upon mankind, which make the conjugal bonds more firm and lasting in man, than the other species of animals; yet it would give one reason to enquire, why this compact, where procreation and education are secured, and inheritance taken care for, may not be made determinable, either by consent, or at a certain time, or upon certain conditions, as well as any other voluntary compacts, there being no necessity in the nature of the thing, nor to the ends of it, that it should always be for life; I mean, to such as are under no restraint of any positive law, which ordains all such contracts to be perpetual.

但是，尽管这些是人类的纽带，但它们使人类的婚姻关系比其他动物物种更加牢固和持久；然而，我们有理由询问，为什么这一保证生育和教育、照顾继承权的契约，不能像任何其他自愿契约一样，通过同意、在某个时间或在某些条件下而被确定为可确定的，从事物的性质或目的来看，没有必要让它永远是终身的；我的意思是，对于那些不受任何成文法限制的人来说，这些法律规定所有此类合同都是永久性的。

Sect.

教派。

82.

But the husband and wife, though they have but one common concern, yet having different understandings, will unavoidably sometimes have different wills too; it therefore being necessary that the last determination, i.

但夫妻虽有共同的事，但理解不同，难免有时会有不同的意愿；因此，有必要做出最后的决定，即。

the rule, should be placed somewhere; it naturally falls to the man’s share, as the abler and the stronger.

规则，应该放在某个地方；它自然落在男人的份上，因为他更有能力、更坚强。

But this reaching but to the things of their common interest and property, leaves the wife in the full and free possession of what by contract is her peculiar right, and gives the husband no more power over her life than she has over his; the power of the husband being so far from that of an absolute monarch, that the wife has in many cases a liberty to separate from him, where natural right, or their contract allows it; whether that contract be made by themselves in the state of nature, or by the customs or laws of the country they live in; and the children upon such separation fall to the father or mother’s lot, as such contract does determine.

但是，这种只涉及他们共同利益和财产的事情，使妻子完全自由地拥有了根据契约而享有的特殊权利，并且丈夫对她的生活的权力并不比她对他的权力更大。丈夫的权力与绝对君主的权力相差甚远，因此，在自然权利或合同允许的情况下，妻子在许多情况下有与丈夫分离的自由；该合同是他们在自然状态下签订的，还是根据他们所居住国家的习俗或法律签订的；根据合同的规定，分居后的孩子将归父亲或母亲所有。

Sect.

教派。

83.

For all the ends of marriage being to be obtained under politic government, as well as in the state of nature, the civil magistrate doth not abridge the right or power of either naturally necessary to those ends, viz.

对于婚姻的所有目的都是在政治政府和自然状态下实现的，民事法官不会剥夺这些目的自然必需的权利或权力，即。

procreation and mutual support and assistance whilst they are together; but only decides any controversy that may arise between man and wife about them.

在一起时繁衍后代并相互支持和帮助；但仅决定夫妻之间可能发生的任何争议。

If it were otherwise, and that absolute sovereignty and power of life and death naturally belonged to the husband, and were necessary to the society between man and wife, there could be no matrimony in any of those countries where the husband is allowed no such absolute authority.

如果不是这样，绝对的主权和生死权自然属于丈夫，并且是夫妻社会所必需的，那么在那些不允许丈夫拥有这种绝对权力的国家，就不可能有婚姻。

But the ends of matrimony requiring no such power in the husband, the condition of conjugal society put it not in him, it being not at all necessary to that state.

但婚姻的目的并不要求丈夫拥有这种权力，夫妻社会的条件也没有赋予丈夫这种权力，对于那种状态来说，这种权力根本没有必要。

Conjugal society could subsist and attain its ends without it; nay, community of goods, and the power over them, mutual assistance and maintenance, and other things belonging to conjugal society, might be varied and regulated by that contract which unites man and wife in that society, as far as may consist with procreation and the bringing up of children till they could shift for themselves; nothing being necessary to any society, that is not necessary to the ends for which it is made.

没有它，婚姻社会也能生存并达到其目的；不仅如此，财产的共有，以及对财产的权力、互助和赡养，以及属于婚姻社会的其他事情，都可以通过在该社会中将男人和妻子联合起来的契约来改变和调节，只要可能包括生育和养育孩子，直到他们能够为自己转移为止。对于任何社会来说，没有什么是必要的，而这对于它的目的而言是不必要的。

Sect.

教派。

84.

The society betwixt parents and children, and the distinct rights and powers belonging respectively to them, I have treated of so largely, in the foregoing chapter, that I shall not here need to say any thing of it.

父母和孩子之间的社会，以及他们各自拥有的独特权利和权力，我在前一章已经详细讨论过，因此这里不需要再多说了。

And I think it is plain, that it is far different from a politic society.

我认为很明显，它与政治社会有很大不同。

Sect.

教派。

85.

Master and servant are names as old as history, but given to those of far different condition; for a freeman makes himself a servant to another, by selling him, for a certain time, the service he undertakes to do, in exchange for wages he is to receive: and though this commonly puts him into the family of his master, and under the ordinary discipline thereof; yet it gives the master but a temporary power over him, and no greater than what is contained in the contract between them.

主人和仆人的名字和历史一样古老，但他们的处境却截然不同。因为一个自由人通过在一定时期内出售他所承担的服务来换取他应得的工资，从而使自己成为另一个人的仆人：尽管这通常使他进入其主人的家庭，并受到其普通的纪律约束；然而，它赋予主人的只是暂时的权力，并且不大于他们之间的合同中所包含的权力。

But there is another sort of servants, which by a peculiar name we call slaves, who being captives taken in a just war, are by the right of nature subjected to the absolute dominion and arbitrary power of their masters.

但还有另一种仆人，我们用一个特殊的名字称之为奴隶，他们是在正义战争中被俘虏的，按照自然的权利，他们受到主人的绝对统治和专制权力的支配。

These men having, as I say, forfeited their lives, and with it their liberties, and lost their estates; and being in the state of slavery, not capable of any property, cannot in that state be considered as any part of civil society; the chief end whereof is the preservation of property.

正如我所说，这些人丧失了自己的生命和自由，并失去了财产。处于奴隶制状态，没有能力拥有任何财产，在该状态下不能被视为公民社会的任何一部分；其主要目的是保护财产。

Sect.

教派。

86.

Let us therefore consider a master of a family with all these subordinate relations of wife, children, servants, and slaves, united under the domestic rule of a family; which, what resemblance soever it may have in its order, offices, and number too, with a little commonwealth, yet is very far from it, both in its constitution, power and end: or if it must be thought a monarchy, and the paterfamilias the absolute monarch in it, absolute monarchy will have but a very shattered and short power, when it is plain, by what has been said before, that the master of the family has a very distinct and differently limited power, both as to time and extent, over those several persons that are in it; for excepting the slave (and the family is as much a family, and his power as paterfamilias as great, whether there be any slaves in his family or no) he has no legislative power of life and death over any of them, and none too but what a mistress of a family may have as well as he.

因此，让我们考虑一下一个家庭的主人，以及所有这些从属关系的妻子、孩子、仆人和奴隶，在家庭的家庭统治下联合起来；无论如何，它在秩序、职务和数量上与联邦有一点相似，但在宪法、权力和目的方面却与它相去甚远：或者如果它必须被认为是君主制，而家长是其中的绝对君主，那么绝对君主制将只有一个非常破碎和短暂的权力，正如前面所说的那样，很明显，家庭的主人在时间和时间上都拥有非常独特和不同的有限权力。范围，超过其中的几个人；因为除了奴隶之外（家庭也是一个家庭，他的权力与家长一样大，无论他的家庭中有或没有奴隶），他对他们中的任何一个人都没有生杀予夺的立法权，除了一个家庭的女主人可能拥有的和他一样的权力外，他也没有任何立法权。

And he certainly can have no absolute power over the whole family, who has but a very limited one over every individual in it.

他当然不可能对整个家庭拥有绝对的权力，他对家庭中的每个人只有非常有限的权力。

But how a family, or any other society of men, differ from that which is properly political society, we shall best see, by considering wherein political society itself consists.

但是，家庭或任何其他人类社会与真正的政治社会有何不同，我们最好通过考虑政治社会本身的组成部分来了解。

Sect.

教派。

87.

Man being born, as has been proved, with a title to perfect freedom, and an uncontrouled enjoyment of all the rights and privileges of the law of nature, equally with any other man, or number of men in the world, hath by nature a power, not only to preserve his property, that is, his life, liberty and estate, against the injuries and attempts of other men; but to judge of, and punish the breaches of that law in others, as he is persuaded the offence deserves, even with death itself, in crimes where the heinousness of the fact, in his opinion, requires it.

正如已经证明的那样，人生来就享有完全自由的权利，并且与世界上任何其他人或许多人平等地不受限制地享有自然法的所有权利和特权，天生就拥有一种权力，不仅可以保护他的财产，即他的生命、自由和财产，免受其他人的伤害和企图；但他认为，在他看来，由于事实的邪恶性而需要这样做，即使是死亡本身，也要对他人违反该法律的行为进行判断和惩罚。

But because no political society can be, nor subsist, without having in itself the power to preserve the property, and in order thereunto, punish the offences of all those of that society; there, and there only is political society, where every one of the members hath quitted this natural power, resigned it up into the hands of the community in all cases that exclude him not from appealing for protection to the law established by it.

但是，因为任何政治社会如果本身没有保护财产的权力，就不可能存在，也不能存在，并为此惩罚该社会所有成员的罪行；在那里，只有政治社会，其中每一个成员都放弃了这种自然权力，将其交到社会手中，在所有情况下，他都不能请求社会所制定的法律的保护。

And thus all private judgment of every particular member being excluded, the community comes to be umpire, by settled standing rules, indifferent, and the same to all parties; and by men having authority from the community, for the execution of those rules, decides all the differences that may happen between any members of that society concerning any matter of right; and punishes those offences which any member hath committed against the society, with such penalties as the law has established: whereby it is easy to discern, who are, and who are not, in political society together.

因此，每个特定成员的所有私人判断都被排除在外，根据既定的长期规则，社区成为裁判，对所有各方都漠不关心，一视同仁；由具有社会权威的人来执行这些规则，决定该社会的任何成员之间可能发生的有关任何权利问题的所有分歧；并以法律规定的刑罚惩罚任何成员对社会犯下的罪行：这样就很容易辨别谁是政治社会的成员，谁不是政治社会的成员。

Those who are united into one body, and have a common established law and judicature to appeal to, with authority to decide controversies between them, and punish offenders, are in civil society one with another: but those who have no such common appeal, I mean on earth, are still in the state of nature, each being, where there is no other, judge for himself, and executioner; which is, as I have before shewed it, the perfect state of nature.

那些联合成一个整体、有共同的既定法律和司法体系可供诉诸、有权决定他们之间的争议、并惩罚罪犯的人，彼此都处于文明社会之中；但那些没有这种共同诉求的人，我指的是地球上的人，仍然处于自然状态，每个人，在没有其他人的情况下，为自己进行审判和刽子手；正如我之前所展示的，这是完美的自然状态。

Sect.

教派。

88.

And thus the commonwealth comes by a power to set down what punishment shall belong to the several transgressions which they think worthy of it, committed amongst the members of that society, (which is the power of making laws) as well as it has the power to punish any injury done unto any of its members, by any one that is not of it, (which is the power of war and peace;) and all this for the preservation of the property of all the members of that society, as far as is possible.

因此，联邦有权规定该社会成员之间犯下的几种他们认为值得的罪行应受何种惩罚（这是制定法律的权力），并且它有权力惩罚任何非该社会成员对其任何成员造成的任何伤害（这是战争与和平的力量；）而这一切都是为了尽可能保护该社会所有成员的财产。

But though every man who has entered into civil society, and is become a member of any commonwealth, has thereby quitted his power to punish offences, against the law of nature, in prosecution of his own private judgment, yet with the judgment of offences, which he has given up to the legislative in all cases, where he can appeal to the magistrate, he has given a right to the commonwealth to employ his force, for the execution of the judgments of the commonwealth, whenever he shall be called to it; which indeed are his own judgments, they being made by himself, or his representative.

但是，尽管每个进入公民社会并成为任何联邦成员的人都因此放弃了惩罚违反自然法的罪行的权力，以起诉他自己的私人判断，但他在所有情况下都将对罪行的判决交给了立法机关，他可以向地方法官提出上诉，同时他也赋予了联邦使用武力的权利，以便在任何时候他被要求执行联邦的判决。它；这确实是他自己的判断，是由他本人或他的代表做出的。

And herein we have the original of the legislative and executive power of civil society, which is to judge by standing laws, how far offences are to be punished, when committed within the commonwealth; and also to determine, by occasional judgments founded on the present circumstances of the fact, how far injuries from without are to be vindicated; and in both these to employ all the force of all the members, when there shall be need.

这里我们拥有公民社会的立法权和行政权的原始权力，即根据现行法律来判断，在联邦内犯下的罪行应受到何种程度的惩罚；并根据目前的事实情况偶尔做出判断，确定外部伤害在多大程度上应得到证实；并在需要时在这两个方面调动所有成员的全部力量。

Sect.

教派。

89.

Where-ever therefore any number of men are so united into one society, as to quit every one his executive power of the law of nature, and to resign it to the public, there and there only is a political, or civil society.

因此，只要有一定数量的人联合成一个社会，放弃每个人对自然法的执行权，而将其交给公众，那么，那里就只有一个政治社会或公民社会。

And this is done, where-ever any number of men, in the state of nature, enter into society to make one people, one body politic, under one supreme government; or else when any one joins himself to, and incorporates with any government already made: for hereby he authorizes the society, or which is all one, the legislative thereof, to make laws for him, as the public good of the society shall require; to the execution whereof, his own assistance (as to his own decrees) is due.

只要有一定数量的人在自然状态下进入社会，使一个民族、一个政治体、一个最高政府统治下，就会发生这种情况；否则，当任何人加入并合并任何已经建立的政府时：因为他特此授权社会，或者说是一体的，其立法机构，为他制定法律，以满足社会公共利益的要求；为了执行该命令，他自己的协助（就他自己的法令而言）是应该的。

And this puts men out of a state of nature into that of a commonwealth, by setting up a judge on earth, with authority to determine all the controversies, and redress the injuries that may happen to any member of the commonwealth; which judge is the legislative, or magistrates appointed by it.

通过在地球上设立一位法官，有权裁决所有争议，并纠正可能发生在联邦任何成员身上的伤害，这使人们从自然状态进入联邦状态；哪位法官是立法机关或由立法机关任命的治安法官。

And where-ever there are any number of men, however associated, that have no such decisive power to appeal to, there they are still in the state of nature.

凡是有一定数量的人，无论联系如何，却没有这种决定性的力量可以诉诸，他们仍然处于自然状态。

Sect.

教派。

90.

Hence it is evident, that absolute monarchy, which by some men is counted the only government in the world, is indeed inconsistent with civil society, and so can be no form of civil-government at all: for the end of civil society, being to avoid, and remedy those inconveniencies of the state of nature, which necessarily follow from every man’s being judge in his own case, by setting up a known authority, to which every one of that society may appeal upon any injury received, or controversy that may arise, and which every one of the society ought to obey;* where-ever any persons are, who have not such an authority to appeal to, for the decision of any difference between them, there those persons are still in the state of nature; and so is every absolute prince, in respect of those who are under his dominion.

因此，很明显，被一些人视为世界上唯一政府的绝对君主制确实与公民社会不一致，因此根本不可能是公民政府的形式：公民社会的目的是避免和补救自然状态的不便，这些不便必然是每个人在自己的案件中担任法官，通过建立一个已知的权威，该社会的每个人都可以在受到任何伤害或可能出现的争议时向该权威提出上诉，并且每个人都可以向该权威提出上诉。社会的成员应该服从；*无论在哪里，任何人如果没有这样的权力就他们之间的任何分歧作出决定，那么这些人仍然处于自然状态；每一个绝对的君主对于他统治下的人也是如此。

(*The public power of all society is above every soul contained in the same society; and the principal use of that power is, to give laws unto all that are under it, which laws in such cases we must obey, unless there be reason shewed which may necessarily inforce, that the law of reason, or of God, doth enjoin the contrary, Hook.

（*所有社会的公共权力高于同一社会中的每个灵魂；这种权力的主要用途是为所有在其之下的人制定法律，在这种情况下我们必须遵守这些法律，除非有理由表明，理性的法律或上帝的法律必然会强制执行相反的规定，胡克。

Eccl.

顺便说一句。

Pol.

波尔。

湖

岛

sect.

教派。

16.)

Sect.

教派。

91.

For he being supposed to have all, both legislative and executive power in himself alone, there is no judge to be found, no appeal lies open to any one, who may fairly, and indifferently, and with authority decide, and from whose decision relief and redress may be expected of any injury or inconviency, that may be suffered from the prince, or by his order: so that such a man, however intitled, Czar, or Grand Seignior, or how you please, is as much in the state of nature, with all under his dominion, as he is with the rest of mankind: for where-ever any two men are, who have no standing rule, and common judge to appeal to on earth, for the determination of controversies of right betwixt them, there they are still in the state of* nature, and under all the inconveniencies of it, with only this woful difference to the subject, or rather slave of an absolute prince: that whereas, in the ordinary state of nature, he has a liberty to judge of his right, and according to the best of his power, to maintain it; now, whenever his property is invaded by the will and order of his monarch, he has not only no appeal, as those in society ought to have, but as if he were degraded from the common state of rational creatures, is denied a liberty to judge of, or to defend his right; and so is exposed to all the misery and inconveniencies, that a man can fear from one, who being in the unrestrained state of nature, is yet corrupted with flattery, and armed with power.

因为他被认为独自拥有一切，包括立法权和行政权，所以没有法官可以找到，没有上诉可以向任何人开放，谁可以公平地、中立地、有权威地做出决定，并且可以期望从他的决定中救济和纠正可能遭受王子或他的命令可能遭受的任何伤害或不便：因此，这样一个人，无论有什么资格，沙皇，或大领主，或你喜欢什么，都处于自然状态，一切都在他的统治之下，就像他对其他人类一样：因为无论任何两个人在哪里，他们在地球上没有常设规则，也没有共同的法官来裁决他们之间的权利争议，他们仍然处于自然状态，并且处于自然状态的所有不便之下，与绝对君主的臣民或更确切地说是奴隶相比，只有这种可悲的区别：而在普通自然状态下，他有自由判断他的权利。正确的，并尽其最大的力量维持它；现在，每当他的财产受到君主的意志和命令的侵犯时，他不仅无法像社会上的人那样提出上诉，而且仿佛他从理性生物的共同状态中降级了，被剥夺了判断或捍卫自己权利的自由；因此，一个人会面临所有的痛苦和不便，以至于一个人会害怕一个人，他处于无拘无束的自然状态，但却被阿谀奉承所腐蚀，并被权力所武装。

(*To take away all such mutual grievances, injuries and wrongs, i.e. such as attend men in the state of nature, there was no way but only by growing into composition and agreement amongst themselves, by ordaining some kind of govemment public, and by yielding themselves subject thereunto, that unto whom they granted authority to rule and govem, by them the peace, tranquillity and happy estate of the rest might be procured.

（*要消除所有这些相互的不满、伤害和错误，即在自然状态下的人们，没有办法，只能通过他们之间的团结和一致，通过任命某种政府公众，并通过让自己服从这些政府，他们授予他们统治和治理的权力，通过他们，可以为其他人带来和平、安宁和幸福的生活。

Men always knew that where force and injury was offered, they might be defenders of themselves; they knew that however men may seek their own commodity, yet if this were done with injury unto others, it was not to be suffered, but by all men, and all good means to be withstood.

人们总是知道，当受到暴力和伤害时，他们可能会成为自己的捍卫者；他们知道，无论人们如何寻求自己的商品，但如果这样做对他人造成了伤害，那么这不是所有人都应该承受的，而是所有人都应该承受的。

Finally, they knew that no man might in reason take upon him to determine his own right, and according to his own determination proceed in maintenance thereof, in as much as every man is towards himself, and them whom he greatly affects, partial; and therefore that strifes and troubles would be endless, except they gave their common consent, all to be ordered by some, whom they should agree upon, without which consent there would be no reason that one man should take upon him to be lord or judge over another, Hooker’s Eccl.

最后，他们知道，没有人可以合理地决定自己的权利，并根据自己的决定来维护这种权利，因为每个人都对自己和他所深深影响的人有偏见；因此，除非他们给予共同同意，否则冲突和麻烦将是无穷无尽的，所有这些都由他们同意的某些人来命令，没有这些同意，一个人就没有理由接受他作为另一个人的统治者或法官，胡克的传道书。

Pol.

波尔。

湖

岛

sect.

教派。

10.)

Sect.

教派。

92.

For he that thinks absolute power purifies men’s blood, and corrects the baseness of human nature, need read but the history of this, or any other age, to be convinced of the contrary.

对于那些认为绝对权力能够净化人的血统、纠正人性的卑鄙的人来说，只需要阅读这个时代或任何其他时代的历史，就能相信事实恰恰相反。

He that would have been insolent and injurious in the woods of America, would not probably be much better in a throne; where perhaps learning and religion shall be found out to justify all that he shall do to his subjects, and the sword presently silence all those that dare question it: for what the protection of absolute monarchy is, what kind of fathers of their countries it makes princes to be and to what a degree of happiness and security it carries civil society, where this sort of government is grown to perfection, he that will look into the late relation of Ceylon, may easily see.

如果一个人在美洲的丛林中表现得傲慢无礼、伤人，那么他在王位上的表现也可能不会好多少。在那里，也许会发现学问和宗教可以证明他对臣民所做的一切都是正当的，而刀剑很快就会让所有敢于质疑它的人闭嘴：专制君主制的保护是什么，它使君主成为什么样的国家之父，它给公民社会带来了多大程度的幸福和安全，在这种政府发展到完美的地方，他会很容易地看到锡兰的晚期关系。

Sect.

教派。

93.

In absolute monarchies indeed, as well as other governments of the world, the subjects have an appeal to the law, and judges to decide any controversies, and restrain any violence that may happen betwixt the subjects themselves, one amongst another.

事实上，在绝对君主制国家以及世界上其他政府中，臣民可以诉诸法律，法官可以裁决任何争议，并限制臣民之间可能发生的任何暴力。

This every one thinks necessary, and believes he deserves to be thought a declared enemy to society and mankind, who should go about to take it away.

每个人都认为这是必要的，并相信他应该被视为社会和人类的公敌，应该着手将其消除。

But whether this be from a true love of mankind and society, and such a charity as we owe all one to another, there is reason to doubt: for this is no more than what every man, who loves his own power, profit, or greatness, may and naturally must do, keep those animals from hurting, or destroying one another, who labour and drudge only for his pleasure and advantage; and so are taken care of, not out of any love the master has for them, but love of himself, and the profit they bring him: for if it be asked, what security, what fence is there, in such a state, against the violence and oppression of this absolute ruler?

但是，这是否出于对人类和社会的真正爱，以及我们彼此之间的一种仁慈，我们有理由怀疑：因为这只不过是每个热爱自己的权力、利益或伟大的人可以而且自然地必须做的事情，以防止那些动物互相伤害或毁灭，这些动物只是为了自己的快乐和利益而劳作和劳作。因此，他们受到照顾，不是出于主人对他们的爱，而是出于对他自己的爱，以及他们给他带来的利益：因为如果有人问，在这样的状态下，有什么安全感，有什么栅栏可以抵御这个绝对统治者的暴力和压迫呢？

the very question can scarce be borne.

这个问题本身就难以忍受。

They are ready to tell you, that it deserves death only to ask after safety.

他们准备告诉你，只求安全就该死。

Betwixt subject and subject, they will grant, there must be measures, laws and judges, for their mutual peace and security: but as for the ruler, he ought to be absolute, and is above all such circumstances; because he has power to do more hurt and wrong, it is right when he does it.

他们承认，在臣民与臣民之间，必须有措施、法律和法官，以保证他们的共同和平与安全：但对于统治者来说，他应该是绝对的，并且高于所有这些情况；因为他有能力做更多的伤害和错误的事情，所以当他这样做的时候就是对的。

To ask how you may be guarded from harm, or injury, on that side where the strongest hand is to do it, is presently the voice of faction and rebellion: as if when men quitting the state of nature entered into society, they agreed that all of them but one, should be under the restraint of laws, but that he should still retain all the liberty of the state of nature, increased with power, and made licentious by impunity.

要问如何才能在最有力的一方做到这一点，使你免受伤害或伤害，目前是派系和反叛的声音：仿佛当人们离开自然状态进入社会时，他们同意除了一个人之外，所有人都应该受到法律的约束，但他仍然应该保留自然状态的所有自由，随着权力的增加，并因有罪不罚而变得放荡。

This is to think, that men are so foolish, that they take care to avoid what mischiefs may be done them by pole-cats, or foxes; but are content, nay, think it safety, to be devoured by lions.

这就是认为，人类是如此愚蠢，以至于他们小心翼翼地避免被鸡貂或狐狸所造成的伤害。但他们很满足，不，认为被狮子吃掉是安全的。

Sect.

教派。

94.

But whatever flatterers may talk to amuse people’s understandings, it hinders not men from feeling; and when they perceive, that any man, in what station soever, is out of the bounds of the civil society which they are of, and that they have no appeal on earth against any harm, they may receive from him, they are apt to think themselves in the state of nature, in respect of him whom they find to be so; and to take care, as soon as they can, to have that safety and security in civil society, for which it was first instituted, and for which only they entered into it.

但无论奉承者用什么话来取悦人们的理解，它都不会妨碍人们的感情；相反，它会妨碍人们的感情。当他们意识到任何人，无论处于何种地位，都超出了他们所属的公民社会的范围，并且他们无法在地球上对他们可能从他那里受到的任何伤害提出上诉，他们很容易认为自己处于自然状态，对于他们发现的人来说，他们认为自己处于自然状态；并尽快确保公民社会的安全和保障，这是公民社会最初建立的目的，也只有他们才加入其中。

And therefore, though perhaps at first, (as shall be shewed more at large hereafter in the following part of this discourse) some one good and excellent man having got a pre-eminency amongst the rest, had this deference paid to his goodness and virtue, as to a kind of natural authority, that the chief rule, with arbitration of their differences, by a tacit consent devolved into his hands, without any other caution, but the assurance they had of his uprightness and wisdom; yet when time, giving authority, and (as some men would persuade us) sacredness of customs, which the negligent, and unforeseeing innocence of the first ages began, had brought in successors of another stamp, the people finding their properties not secure under the government, as then it was, (whereas government has no other end but the preservation of* property) could never be safe nor at rest, nor think themselves in civil society, till the legislature was placed in collective bodies of men, call them senate, parliament, or what you please.

因此，也许一开始，（正如本文下面部分将更详细地表明的那样）某个善良而优秀的人在其他人中脱颖而出，他的善良和美德受到了尊重，就像一种自然的权威一样，主要的规则，通过仲裁他们的分歧，默许地移交给他手中，没有任何其他谨慎，但他们对他的正直和智慧有保证；然而，当时间赋予权力和（正如一些人会说服我们的那样）习俗的神圣性（最初时代的疏忽和不可预见的纯真开始的）带来了另一种印记的继承者时，人民发现他们的财产在政府的统治下并不安全，就像当时一样（而政府除了保护*财产之外没有其他目的）永远不会安全或安宁，也不会认为自己处于公民社会中，直到立法机关被置于人们的集体机构中，称他们为参议院，议会，或者你喜欢的。

By which means every single person became subject, equally with other the meanest men, to those laws, which he himself, as part of the legislative, had established; nor could any one, by his own authority; avoid the force of the law, when once made; nor by any pretence of superiority plead exemption, thereby to license his own, or the miscarriages of any of his dependents.** No man in civil society can be exempted from the laws of it: for if any man may do what he thinks fit, and there be no appeal on earth, for redress or security against any harm he shall do; I ask, whether he be not perfectly still in the state of nature, and so can be no part or member of that civil society; unless any one will say, the state of nature and civil society are one and the same thing, which I have never yet found any one so great a patron of anarchy as to affirm.

通过这种方式，每个人都像其他最卑鄙的人一样受到他本人作为立法者的一部分所制定的法律的约束。任何人也不能凭借自己的权威；法律一旦制定，就避免其效力；也不能以任何优越感为借口请求豁免，从而许可自己或他的任何家属流产。 ** 公民社会中的任何人都不能免受其法律的约束：因为如果任何人可以做他认为合适的事情，并且地球上没有人要求他对他所做的任何伤害进行补救或保障；我问，他是否完全处于自然状态，因此不能成为该公民社会的一部分或成员？除非有人会说，自然状态和公民社会是一回事，我还没有发现任何一个如此伟大的无政府主义赞助人能够肯定这一点。

(*At the first, when some certain kind of regiment was once appointed, it may be that nothing was then farther thought upon for the manner of goveming, but all permitted unto their wisdom and discretion, which were to rule, till by experience they found this for all parts very inconvenient, so as the thing which they had devised for a remedy, did indeed but increase the sore, which it should have cured.

（*起初，当某种军团一旦被任命时，可能就没有进一步考虑管理方式，而是所有人都允许他们的智慧和判断力来统治，直到根据经验，他们发现这对所有部分都非常不方便，因此他们设计的补救措施确实只是加剧了本来应该治愈的疼痛。

They saw, that to live by one man’s will, became the cause of all men’s misery.

他们看到，按照一个人的意志生活，成为所有人痛苦的根源。

This constrained them to come unto laws, wherein all men might see their duty beforehand, and know the penalties of transgressing them.

这迫使他们制定法律，让所有人都可以事先看到自己的义务，并知道违反这些法律的惩罚。

Hooker’s Eccl.

胡克的传道书。

Pol.

波尔。

湖

岛

sect.

教派。

10.)

(**Civil law being the act of the whole body politic, doth therefore over-rule each several part of the same body.

（**民法是整个政治体的行为，因此凌驾于同一政治体的各个部分之上。

Hooker, ibid.)

胡克，同上。）

CHAPTER.

章。

VIII.

八．

OF THE BEGINNING OF POLITICAL SOCIETIES.

政治社会的开端。

Sect.

教派。

95.

MEN being, as has been said, by nature, all free, equal, and independent, no one can be put out of this estate, and subjected to the political power of another, without his own consent.

正如前面所说，人类本质上都是自由、平等和独立的，任何人在未经本人同意的情况下都不能被赶出这个阶层，并受制于另一个人的政治权力。

The only way whereby any one divests himself of his natural liberty, and puts on the bonds of civil society, is by agreeing with other men to join and unite into a community for their comfortable, safe, and peaceable living one amongst another, in a secure enjoyment of their properties, and a greater security against any, that are not of it.

任何人放弃自然自由并加入公民社会的唯一途径，就是与其他人达成协议，加入并团结成一个社区，以便他们彼此舒适、安全、和平地生活，安全地享受自己的财产，并针对任何不属于该财产的人提供更大的安全保障。

This any number of men may do, because it injures not the freedom of the rest; they are left as they were in the liberty of the state of nature.

任何人都可以这样做，因为这不会损害其他人的自由；他们仍处于自然状态的自由之中。

When any number of men have so consented to make one community or government, they are thereby presently incorporated, and make one body politic, wherein the majority have a right to act and conclude the rest.

当任何数量的人同意建立一个共同体或政府时，他们就会立即合并，并形成一个政治体，其中大多数人有权采取行动并决定其余部分。

Sect.

教派。

96.

For when any number of men have, by the consent of every individual, made a community, they have thereby made that community one body, with a power to act as one body, which is only by the will and determination of the majority: for that which acts any community, being only the consent of the individuals of it, and it being necessary to that which is one body to move one way; it is necessary the body should move that way whither the greater force carries it, which is the consent of the majority: or else it is impossible it should act or continue one body, one community, which the consent of every individual that united into it, agreed that it should; and so every one is bound by that consent to be concluded by the majority.

因为当任何数量的人经每个人的同意而组成一个共同体时，他们就使该共同体成为一个整体，并具有作为一个整体行动的权力，而这只能通过多数人的意愿和决定：因为任何一个共同体的行动，只是得到了该共同体中的个人的同意，对于一个整体来说，有必要向一个方向移动；而任何一个共同体的行为，都必须得到该共同体中的个人的同意，而作为一个整体，则有必要向一个方向移动。团体有必要向更强大的力量所引导的方向移动，这是大多数人的同意：否则，它就不可能采取行动或继续一个团体，一个共同体，而每个加入其中的个人都同意它应该这样做；因此，每个人都必须受到多数人同意的约束。

And therefore we see, that in assemblies, impowered to act by positive laws, where no number is set by that positive law which impowers them, the act of the majority passes for the act of the whole, and of course determines, as having, by the law of nature and reason, the power of the whole.

因此我们看到，在议会中，由于实在法没有权力采取行动，而赋予他们权力的实在法没有规定人数，多数人的行动就被视为全体的行动，当然，根据自然法和理性法，决定了全体的权力。

Sect.

教派。

97.

And thus every man, by consenting with others to make one body politic under one government, puts himself under an obligation, to every one of that society, to submit to the determination of the majority, and to be concluded by it; or else this original compact, whereby he with others incorporates into one society, would signify nothing, and be no compact, if he be left free, and under no other ties than he was in before in the state of nature.

因此，每个人在同意其他人在一个政府的领导下建立一个政治体时，就对这个社会的每个人都有义务服从多数人的决定，并接受多数人的决定；否则，如果他保持自由，并且除了他在自然状态下之前所处于的其他联系之外，这种原始的契约，即他与其他人结合成一个社会的契约，将毫无意义，也不再是契约。

For what appearance would there be of any compact?

紧凑型产品会有什么外观？

what new engagement if he were no farther tied by any decrees of the society, than he himself thought fit, and did actually consent to?

如果他不再受到社会任何法令的约束，而他自己认为合适并且实际上同意了，那么什么新的订婚呢？

This would be still as great a liberty, as he himself had before his compact, or any one else in the state of nature hath, who may submit himself, and consent to any acts of it if he thinks fit.

这仍然是一种巨大的自由，就像他本人在契约之前所拥有的那样，或者任何其他处于自然状态的人所拥有的，他们可以服从自己，并同意任何他认为合适的行为。

Sect.

教派。

98.

For if the consent of the majority shall not, in reason, be received as the act of the whole, and conclude every individual; nothing but the consent of every individual can make any thing to be the act of the whole: but such a consent is next to impossible ever to be had, if we consider the infirmities of health, and avocations of business, which in a number, though much less than that of a commonwealth, will necessarily keep many away from the public assembly.

因为，如果大多数人的同意不能在理性上被视为整体的行为，并影响到每个人；只有每个人的同意才能使任何事情成为整体的行为：但是，如果我们考虑到健康状况不佳和商业爱好，那么这种同意几乎是不可能获得的，这些人的数量虽然比联邦的人数少得多，但必然会使许多人远离公共集会。

To which if we add the variety of opinions, and contrariety of interests, which unavoidably happen in all collections of men, the coming into society upon such terms would be only like Cato’s coming into the theatre, only to go out again.

如果我们再加上各种各样的观点和利益的对立，而这些在所有人群中都不可避免地会发生，那么以这种条件进入社会就只能像加图进入剧院，然后又出去一样。

Such a constitution as this would make the mighty Leviathan of a shorter duration, than the feeblest creatures, and not let it outlast the day it was born in: which cannot be supposed, till we can think, that rational creatures should desire and constitute societies only to be dissolved: for where the majority cannot conclude the rest, there they cannot act as one body, and consequently will be immediately dissolved again.

这样的宪法将使强大的利维坦比最弱小的生物寿命更短，并且不会让它比它出生的那一天更长久：在我们能够思考之前，这是不能假设的，理性的生物应该渴望并构成只能解散的社会：因为如果大多数人无法得出其余的结论，那么它们就不能作为一个整体行动，因此将立即再次解散。

Sect.

教派。

99.

Whosoever therefore out of a state of nature unite into a community, must be understood to give up all the power, necessary to the ends for which they unite into society, to the majority of the community, unless they expresly agreed in any number greater than the majority.

因此，无论谁在自然状态下联合成一个共同体，都必须被理解为将其联合成社会的目的所必需的所有权力放弃给共同体的大多数人，除非他们明确同意的人数多于多数人。

And this is done by barely agreeing to unite into one political society, which is all the compact that is, or needs be, between the individuals, that enter into, or make up a commonwealth.

这是通过勉强同意联合成一个政治社会来实现的，这是进入或组成一个联邦的个人之间的全部契约或需要的契约。

And thus that, which begins and actually constitutes any political society, is nothing but the consent of any number of freemen capable of a majority to unite and incorporate into such a society.

因此，任何政治社会的开始和实际构成，只不过是任何数量的自由人的同意，这些自由人能够团结并融入这样一个社会。

And this is that, and that only, which did, or could give beginning to any lawful government in the world.

这就是，也只有这样，才能够或能够为世界上任何合法政府带来开端。

Sect.

教派。

100.

To this I find two objections made.

对此我发现有两个反对意见。

First, That there are no instances to be found in story, of a company of men independent, and equal one amongst another, that met together, and in this way began and set up a government.

首先，在故事中找不到这样的例子：一群独立的、彼此平等的人聚集在一起，并以这种方式开始并建立一个政府。

Secondly, It is impossible of right, that men should do so, because all men being born under government, they are to submit to that, and are not at liberty to begin a new one.

其次，人们这样做是不可能的，因为所有的人生来就在政府之下，他们都必须服从政府，并且没有自由开始新的政府。

Sect.

教派。

101.

To the first there is this to answer, That it is not at all to be wondered, that history gives us but a very little account of men, that lived together in the state of nature.

对于第一个问题，我们要回答的是，历史给我们提供的关于在自然状态下共同生活的人类的记载非常少，这一点也不足为奇。

The inconveniences of that condition, and the love and want of society, no sooner brought any number of them together, but they presently united and incorporated, if they designed to continue together.

这种状况的不便，以及社会的爱和需求，并没有很快将他们中的一些人聚集在一起，但如果他们打算继续在一起的话，他们很快就会团结起来并合并在一起。

And if we may not suppose men ever to have been in the state of nature, because we hear not much of them in such a state, we may as well suppose the armies of Salmanasser or Xerxes were never children, because we hear little of them, till they were men, and imbodied in armies.

如果我们不能假设人类曾经处于自然状态，因为我们很少听到他们处于这种状态，那么我们不妨假设萨尔马纳塞尔或薛西斯的军队从来都不是孩子，因为我们很少听到他们的消息，直到他们成为人类并体现在军队中。

Government is every where antecedent to records, and letters seldom come in amongst a people till a long continuation of civil society has, by other more necessary arts, provided for their safety, ease, and plenty: and then they begin to look after the history of their founders, and search into their original, when they have outlived the memory of it: for it is with commonwealths as with particular persons, they are commonly ignorant of their own births and infancies: and if they know any thing of their original, they are beholden for it, to the accidental records that others have kept of it.

在记录之前，政府无处不在，而信件很少进入人民之中，直到公民社会的长期延续，通过其他更必要的艺术，为他们提供了安全、舒适和丰富的保障：然后他们开始关注其创始人的历史，并在他们对历史的记忆已经消失时寻找其原初：因为对于联邦和特定的个人来说，他们通常对自己的出生和婴儿期一无所知：如果他们知道任何事情的话他们对自己的原创作品负有责任，对其他人保留的偶然记录负有责任。

And those that we have, of the beginning of any polities in the world, excepting that of the Jews, where God himself immediately interposed, and which favours not at all paternal dominion, are all either plain instances of such a beginning as I have mentioned, or at least have manifest footsteps of it.

我们所拥有的世界上任何政体的开端，除了犹太人的政体之外，上帝亲自直接干预了犹太人的政体，并且完全不赞成父权统治，这些都是我所提到的这种开端的明显例子，或者至少有它的明显足迹。

Sect.

教派。

102.

He must shew a strange inclination to deny evident matter of fact, when it agrees not with his hypothesis, who will not allow, that the beginning of Rome and Venice were by the uniting together of several men free and independent one of another, amongst whom there was no natural superiority or subjection.

他一定表现出一种奇怪的倾向，否认明显的事实，当它与他的假设不符时，他不会承认，罗马和威尼斯的起源是由几个彼此自由和独立的人联合在一起的，他们之间没有天然的优越性或服从性。

And if Josephus Acosta’s word may be taken, he tells us, that in many parts of America there was no government at all.

如果约瑟夫斯·阿科斯塔的话可信的话，他告诉我们，在美国的许多地方根本没有政府。

There are great and apparent conjectures, says he, that these men, speaking of those of Peru, for a long time had neither kings nor commonwealths, but lived in troops, as they do this day in Florida, the Cheriquanas, those of Brazil, and many other nations, which have no certain kings, but as occasion is offered, in peace or war, they choose their captains as they please, 1.

他说，有一些重大而明显的推测，这些人，说到秘鲁人，在很长一段时间内既没有国王，也没有联邦，而是生活在军队中，就像今天在佛罗里达州、切里夸纳人、巴西人和许多其他国家所做的那样，这些国家没有特定的国王，但只要有机会，在和平或战争中，他们就可以随意选择自己的队长，1。

岛

25.

If it be said, that every man there was born subject to his father, or the head of his family; that the subjection due from a child to a father took not away his freedom of uniting into what political society he thought fit, has been already proved.

如果说，那里的每个人生来就受制于他的父亲或一家之主；已经证明，孩子对父亲的服从并没有剥夺他加入他认为合适的政治社会的自由。

But be that as it will, these men, it is evident, were actually free; and whatever superiority some politicians now would place in any of them, they themselves claimed it not, but by consent were all equal, till by the same consent they set rulers over themselves.

但无论如何，这些人显然是真正自由的。现在，无论某些政客赋予他们任何人什么优越性，他们自己都不会声称这一点，而是通过同意，所有人都是平等的，直到他们通过同样的同意将统治者置于自己之上。

So that their politic societies all began from a voluntary union, and the mutual agreement of men freely acting in the choice of their governors, and forms of government.

因此，他们的政治社会都是从自愿联盟开始的，以及人们自由选择州长和政府形式的相互协议。

Sect.

教派。

103.

And I hope those who went away from Sparta with Palantus, mentioned by Justin, 1.

我希望那些和帕兰图斯一起离开斯巴达的人，贾斯汀提到的，1。

iii.

三.

will be allowed to have been freemen independent one of another, and to have set up a government over themselves, by their own consent.

将被允许成为彼此独立的自由人，并在他们自己同意的情况下建立自己的政府。

Thus I have given several examples, out of history, of people free and in the state of nature, that being met together incorporated and began a commonwealth.

因此，我从历史中给出了几个例子，说明人们在自然状态下自由地聚集在一起，组成并开始了一个联邦。

And if the want of such instances be an argument to prove that government were not, nor could not be so begun, I suppose the contenders for paternal empire were better let it alone, than urge it against natural liberty: for if they can give so many instances, out of history, of governments begun upon paternal right, I think (though at best an argument from what has been, to what should of right be, has no great force) one might, without any great danger, yield them the cause.

如果缺乏这样的例子可以成为证明政府不是、也不可能如此开始的论据，那么我认为父系帝国的竞争者最好不要去管它，而不是敦促它反对自然自由：因为如果他们能够在历史中举出如此多的例子，说明政府是在父系权利基础上开始的，我认为（尽管从过去的情况到权利应该是什么的论证充其量没有很大的力量）人们可以在没有任何巨大危险的情况下让他们找到理由。

But if I might advise them in the case, they would do well not to search too much into the original of governments, as they have begun de facto, lest they should find, at the foundation of most of them, something very little favourable to the design they promote, and such a power as they contend for.

但如果我可以在这种情况下建议他们，他们最好不要过多地研究政府的起源，因为他们事实上已经开始了，以免他们在大多数政府的基础上发现一些对他们所提倡的设计非常不利的东西，以及他们所争夺的权力。

Sect.

教派。

104.

But to conclude, reason being plain on our side, that men are naturally free, and the examples of history shewing, that the governments of the world, that were begun in peace, had their beginning laid on that foundation, and were made by the consent of the people; there can be little room for doubt, either where the right is, or what has been the opinion, or practice of mankind, about the first erecting of governments.

但总而言之，我们的理由是显而易见的，即人天生是自由的，历史的例子表明，世界上的政府是在和平中开始的，是在这个基础上开始的，是在人民同意的情况下建立的；对于第一次建立政府，无论权利在哪里，或者人类的观点或做法是什么，都没有什么值得怀疑的余地。

Sect.

教派。

105.

I will not deny, that if we look back as far as history will direct us, towards the original of commonwealths, we shall generally find them under the government and administration of one man.

我不会否认，如果我们回顾历史，回顾联邦的起源，我们通常会发现它们处于一个人的政府和管理之下。

And I am also apt to believe, that where a family was numerous enough to subsist by itself, and continued entire together, without mixing with others, as it often happens, where there is much land, and few people, the government commonly began in the father: for the father having, by the law of nature, the same power with every man else to punish, as he thought fit, any offences against that law, might thereby punish his transgressing children, even when they were men, and out of their pupilage; and they were very likely to submit to his punishment, and all join with him against the offender, in their turns, giving him thereby power to execute his sentence against any transgression, and so in effect make him the law-maker, and governor over all that remained in conjunction with his family.

我也倾向于相信，如果一个家庭人口众多，足以独立生存，并且完整地生活在一起，而不与其他人混合在一起，就像在土地较多、人口稀少的情况下经常发生的那样，政府通常始于父亲：因为根据自然法，父亲与其他所有人拥有同样的权力，可以按照他认为适当的方式惩罚任何违反该法律的行为，从而可以惩罚他的违法行为的孩子，即使他们是男人，而且是在学生时期；他们很可能会接受他的惩罚，并轮流与他一起反对罪犯，从而赋予他对任何违法行为执行判决的权力，从而实际上使他成为立法者，并统治所有与他的家人有关的人。

He was fittest to be trusted; paternal affection secured their property and interest under his care; and the custom of obeying him, in their childhood, made it easier to submit to him, rather than to any other.

他是最值得信任的人。父爱确保了他们在他的照顾下的财产和利益；童年时期服从他的习惯使他们更容易服从他，而不是服从任何其他人。

If therefore they must have one to rule them, as government is hardly to be avoided amongst men that live together; who so likely to be the man as he that was their common father; unless negligence, cruelty, or any other defect of mind or body made him unfit for it?

因此，如果他们必须有一个人来统治他们，因为在生活在一起的人们中很难避免政府；他很可能就是他们共同的父亲；除非疏忽、残忍或任何其他身心缺陷使他不适合这样做？

But when either the father died, and left his next heir, for want of age, wisdom, courage, or any other qualities, less fit for rule; or where several families met, and consented to continue together; there, it is not to be doubted, but they used their natural freedom, to set up him, whom they judged the ablest, and most likely, to rule well over them.

但是，当父亲去世并留下下一个继承人时，由于缺乏年龄、智慧、勇气或任何其他品质，不适合统治；或者几个家庭见面并同意继续在一起；在那里，这是毫无疑问的，但他们利用自己天生的自由，扶植了他，他们认为他是最有能力、最有可能很好地统治他们的人。

Conformable hereunto we find the people of America, who (living out of the reach of the conquering swords, and spreading domination of the two great empires of Peru and Mexico) enjoyed their own natural freedom, though, caeteris paribus, they commonly prefer the heir of their deceased king; yet if they find him any way weak, or uncapable, they pass him by, and set up the stoutest and bravest man for their ruler.

我们发现美洲人民与此相符，他们（生活在秘鲁和墨西哥两大帝国的征服刀剑所及范围之外，也没有扩大统治）享有自己的自然自由，尽管在其他条件相同的情况下，他们通常更喜欢已故国王的继承人；然而，如果他们发现他有任何弱点或无能，他们就会忽略他，并任命最坚强和最勇敢的人为他们的统治者。

Sect.

教派。

106.

Thus, though looking back as far as records give us any account of peopling the world, and the history of nations, we commonly find the government to be in one hand; yet it destroys not that which I affirm, viz.

因此，尽管我们回顾世界上人口分布和国家历史的记录，我们通常会发现政府掌握在一只手上；而政府则掌握在一只手上。但它并没有破坏我所确认的，即。

that the beginning of politic society depends upon the consent of the individuals, to join into, and make one society; who, when they are thus incorporated, might set up what form of government they thought fit.

政治社会的开始取决于个人的同意，加入并建立一个社会；当他们如此合并后，他们可以建立他们认为合适的政府形式。

But this having given occasion to men to mistake, and think, that by nature government was monarchical, and belonged to the father, it may not be amiss here to consider, why people in the beginning generally pitched upon this form, which though perhaps the father’s pre-eminency might, in the first institution of some commonwealths, give a rise to, and place in the beginning, the power in one hand; yet it is plain that the reason, that continued the form of government in a single person, was not any regard, or respect to paternal authority; since all petty monarchies, that is, almost all monarchies, near their original, have been commonly, at least upon occasion, elective.

但是，这使人们错误地认为政府本质上是君主制的，属于父亲，所以在这里考虑一下为什么人们一开始普遍采用这种形式也许没有什么错，尽管也许父亲的卓越地位可能会在某些联邦的第一个机构中引起并在一开始就将权力置于一只手中；然而，显而易见的是，政府形式继续由一个人统治，并不是出于对父权的尊重。因为所有小型君主制国家，即几乎所有接近其最初形式的君主制国家，通常（至少在某些情况下）都是选举产生的。

Sect.

教派。

107.

First then, in the beginning of things, the father’s government of the childhood of those sprung from him, having accustomed them to the rule of one man, and taught them that where it was exercised with care and skill, with affection and love to those under it, it was sufficient to procure and preserve to men all the political happiness they sought for in society.

首先，在事情发生之初，父亲对孩子们童年时期的统治就源于他，让他们习惯了一个人的统治，并教导他们，只要小心翼翼地、有技巧地、对统治下的人怀有感情和爱心来行使这种统治，就足以为人们获得和维持他们在社会中寻求的所有政治幸福。

It was no wonder that they should pitch upon, and naturally run into that form of government, which from their infancy they had been all accustomed to; and which, by experience, they had found both easy and safe.

毫不奇怪，他们会选择并自然而然地遇到那种他们从小就已经习惯的政府形式。根据经验，他们发现这既简单又安全。

To which, if we add, that monarchy being simple, and most obvious to men, whom neither experience had instructed in forms of government, nor the ambition or insolence of empire had taught to beware of the encroachments of prerogative, or the inconveniences of absolute power, which monarchy in succession was apt to lay claim to, and bring upon them, it was not at all strange, that they should not much trouble themselves to think of methods of restraining any exorbitances of those to whom they had given the authority over them, and of balancing the power of government, by placing several parts of it in different hands.

对此，如果我们补充一点，君主制是简单的，对人们来说是最明显的，因为经验没有以政府形式指导他们，帝国的野心或傲慢也没有教导他们要提防特权的侵犯，或者绝对权力的不便，而君主制很容易声称对他们有主权，并给他们带来不便，那么他们不应该费力去想办法来限制他们所拥有的人的任何过度行为，这一点也不奇怪。赋予他们权力，并通过将政府的几个部分置于不同人的手中来平衡政府的权力。

They had neither felt the oppression of tyrannical dominion, nor did the fashion of the age, nor their possessions, or way of living, (which afforded little matter for covetousness or ambition) give them any reason to apprehend or provide against it; and therefore it is no wonder they put themselves into such a frame of government, as was not only, as I said, most obvious and simple, but also best suited to their present state and condition; which stood more in need of defence against foreign invasions and injuries, than of multiplicity of laws.

他们既没有感受到暴虐统治的压迫，也没有因为时代的风尚、他们的财产或生活方式（这些都与贪婪或野心无关）而有任何理由去理解或反对它；因此，难怪他们把自己置于这样一个政府框架中，正如我所说，这不仅是最明显和简单的，而且也最适合他们目前的状态和条件。与多种法律相比，它更需要防御外国入侵和伤害。

The equality of a simple poor way of living, confining their desires within the narrow bounds of each man’s small property, made few controversies, and so no need of many laws to decide them, or variety of officers to superintend the process, or look after the execution of justice, where there were but few trespasses, and few offenders.

简单而贫穷的生活方式是平等的，将他们的欲望限制在每个人的小财产的狭小范围内，很少引起争议，因此不需要许多法律来决定它们，也不需要各种官员来监督这一过程，或者监督司法的执行，那里很少有非法侵入，也很少有违法者。

Since then those, who like one another so well as to join into society, cannot but be supposed to have some acquaintance and friendship together, and some trust one in another; they could not but have greater apprehensions of others, than of one another: and therefore their first care and thought cannot but be supposed to be, how to secure themselves against foreign force.

从此以后，凡是彼此相爱而愿意加入社会的人，就不能不说有一定的熟识和友谊，有的相互信任；有的则相互信任。他们不得不对他人怀有更大的忧虑，而不是彼此之间的忧虑：因此，他们首先关心和思考的应该是如何确保自己免受外来势力的侵害。

It was natural for them to put themselves under a frame of government which might best serve to that end, and chuse the wisest and bravest man to conduct them in their wars, and lead them out against their enemies, and in this chiefly be their ruler.

他们很自然地将自己置于最有利于实现这一目标的政府框架之下，并选择最明智和最勇敢的人来领导他们的战争，带领他们对抗敌人，并在这方面主要成为他们的统治者。

Sect.

教派。

108.

Thus we see, that the kings of the Indians in America, which is still a pattern of the first ages in Asia and Europe, whilst the inhabitants were too few for the country, and want of people and money gave men no temptation to enlarge their possessions of land, or contest for wider extent of ground, are little more than generals of their armies; and though they command absolutely in war, yet at home and in time of peace they exercise very little dominion, and have but a very moderate sovereignty, the resolutions of peace and war being ordinarily either in the people, or in a council.

因此，我们看到，美洲印第安人的国王（这仍然是亚洲和欧洲早期时代的模式），虽然居民对于这个国家来说太少了，而且缺乏人口和金钱，人们没有诱惑去扩大他们的土地占有，或者争夺更广阔的土地，他们只不过是他们军队的将军；尽管他们在战争中拥有绝对的指挥权，但在国内和和平时期，他们几乎没有行使任何统治权，只有非常温和的主权，和平与战争的决议通常要么由人民决定，要么由议会决定。

Tho’ the war itself, which admits not of plurality of governors, naturally devolves the command into the king’s sole authority.

尽管战争本身不允许统治者复数，自然将指挥权下放给国王的唯一权力。

Sect.

教派。

109.

And thus in Israel itself, the chief business of their judges, and first kings, seems to have been to be captains in war, and leaders of their armies; which (besides what is signified by going out and in before the people, which was, to march forth to war, and home again in the heads of their forces) appears plainly in the story of Jephtha.

因此，在以色列本土，他们的法官和最初的国王的主要职责似乎就是成为战争中的统帅和军队的领袖。这（除了在人民面前出入所代表的意义之外，即出征打仗，并在他们的军队中返回家园）清楚地出现在耶弗他的故事中。

The Ammonites making war upon Israel, the Gileadites in fear send to Jephtha, a bastard of their family whom they had cast off, and article with him, if he will assist them against the Ammonites, to make him their ruler; which they do in these words, And the people made him head and captain over them, Judg.

亚扪人向以色列人发动战争，基列人惊恐地派人去见他们家族中被他们抛弃的私生子耶弗他，并与他达成协议，如果他愿意协助他们对抗亚扪人，就立他为统治者。他们在这些话中这样做，人民任命他为他们的首领和队长，法官。

xi, 11.

十一、十一。

which was, as it seems, all one as to be judge.

看起来，这是一个法官。

And he judged Israel, judg.

他审判以色列，审判。

xii.

十二.

that is, was their captain-general six years.

那是他们当队长的六年。

So when Jotham upbraids the Shechemites with the obligation they had to Gideon, who had been their judge and ruler, he tells them, He fought for you, and adventured his life far, and delivered you out of the hands of Midian, Judg.

因此，当约坦斥责示剑人对曾是他们的士师和统治者基甸的义务时，他告诉他们，他为你们而战，并冒着生命危险，将你们从士师米甸手中救了出来。

ix.

九.

17.

Nothing mentioned of him but what he did as a general: and indeed that is all is found in his history, or in any of the rest of the judges.

没有提到他，只提到他作为将军所做的事情：事实上，这一切都可以在他的历史或其他任何法官的历史中找到。

And Abimelech particularly is called king, though at most he was but their general.

亚比米勒尤其被称为王，尽管他至多只是他们的将军。

And when, being weary of the ill conduct of Samuel’s sons, the children of Israel desired a king, like all the nations to judge them, and to go out before them, and to fight their battles, I.

当以色列人厌倦了撒母耳儿子们的恶行时，他们渴望有一个国王，像所有国家一样来审判他们，并在他们面前出征，为他们打仗。

Sam viii.

萨姆八世.

20.

God granting their desire, says to Samuel, I will send thee a man, and thou shalt anoint him to be captain over my people Israel, that he may save my people out of the hands of the Philistines, ix.

上帝满足了他们的愿望，对撒母耳说，我要派一个人到你那里去，你要膏他作我民以色列的元帅，使他可以拯救我的民脱离非利士人的手，九。

16.

As if the only business of a king had been to lead out their armies, and fight in their defence; and accordingly at his inauguration pouring a vial of oil upon him, declares to Saul, that the Lord had anointed him to be captain over his inheritance, x.

仿佛国王唯一的职责就是率领军队，为保卫家园而战；因此，在他的就职典礼上，他向扫罗倒了一瓶油，向扫罗宣告，主已膏立他为他产业的元帅。

And therefore those, who after Saul’s being solemnly chosen and saluted king by the tribes at Mispah, were unwilling to have him their king, made no other objection but this, How shall this man save us?

因此，扫罗在米斯帕被各支派庄严推举并敬礼为王后，那些不愿意让他作王的人，除了这样说之外，没有提出任何反对意见：这个人将如何拯救我们呢？

27.

as if they should have said, this man is unfit to be our king, not having skill and conduct enough in war, to be able to defend us.

好像他们应该说，这个人不适合成为我们的国王，因为他没有足够的战争技巧和行为来保卫我们。

And when God resolved to transfer the government to David, it is in these words, But now thy kingdom shall not continue: the Lord hath sought him a man after his own heart, and the Lord hath commanded him to be captain over his people, xiii.

当神决定将政权移交给大卫时，是这样说的：“但如今你的王位必不能再存了：耶和华已经为他寻找一个合他心意的人，并且命令他作他百姓的元帅”，13。

14.

As if the whole kingly authority were nothing else but to be their general: and therefore the tribes who had stuck to Saul’s family, and opposed David’s reign, when they came to Hebron with terms of submission to him, they tell him, amongst other arguments they had to submit to him as to their king, that he was in effect their king in Saul’s time, and therefore they had no reason but to receive him as their king now.

仿佛整个王权只不过是他们的将军：因此，那些坚持扫罗家族、反对大卫统治的部落，当他们来到希伯仑时，带着臣服于他的条件，他们告诉他，除其他论据外，他们必须服从他作为他们的国王，在扫罗时代，他实际上是他们的国王，因此他们现在没有理由不接受他为他们的国王。

Also (say they) in time past, when Saul was king over us, thou wast he that reddest out and broughtest in Israel, and the Lord said unto thee, Thou shalt feed my people Israel, and thou shalt be a captain over Israel.

他们还说，从前，当扫罗作我们的王时，你是以色列人的主宰，耶和华对你说，你要牧养我的民以色列，你要作以色列的元帅。

Sect.

教派。

110.

Thus, whether a family by degrees grew up into a commonwealth, and the fatherly authority being continued on to the elder son, every one in his turn growing up under it, tacitly submitted to it, and the easiness and equality of it not offending any one, every one acquiesced, till time seemed to have confirmed it, and settled a right of succession by prescription: or whether several families, or the descendants of several families, whom chance, neighbourhood, or business brought together, uniting into society, the need of a general, whose conduct might defend them against their enemies in war, and the great confidence the innocence and sincerity of that poor but virtuous age, (such as are almost all those which begin governments, that ever come to last in the world) gave men one of another, made the first beginners of commonwealths generally put the rule into one man’s hand, without any other express limitation or restraint, but what the nature of the thing, and the end of government required: which ever of those it was that at first put the rule into the hands of a single person, certain it is no body was intrusted with it but for the public good and safety, and to those ends, in the infancies of commonwealths, those who had it commonly used it.

因此，无论一个家庭逐渐成长为一个联邦，父权继续传给长子，每个人轮流在它的统治下长大，心照不宣地服从它，而且它的轻松和平等不会冒犯任何人，每个人都默许，直到时间似乎已经证实了这一点，并通过规定确定了继承权：或者无论是几个家庭，还是几个家庭的后裔，由于偶然、邻里或生意而聚集在一起，联合成社会，需要一位将军，他的行为可以在战争中保护他们免受敌人的伤害，以及对那个贫穷但有道德的时代的纯真和真诚的极大信心（几乎所有那些开始政府的人都是世界上永远存在的）给了人们彼此，使得共和国的第一批初学者通常将统治权交到一个人手中，没有任何其他明确的限制或约束，但事物的本质和政府的目的所要求的：无论是哪一个最初将规则交到一个人的手中，当然，除了公共利益和安全之外，没有任何人被委托负责该规则，并且为了实现这些目的，在联邦的初期，拥有该规则的人通常会使用该规则。

And unless they had done so, young societies could not have subsisted; without such nursing fathers tender and careful of the public weal, all governments would have sunk under the weakness and infirmities of their infancy, and the prince and the people had soon perished together.

除非他们这样做，年轻的社会就不可能存在。如果没有这些慈父般的对公共福利的温柔和关怀，所有的政府都会在婴儿期的软弱和软弱中崩溃，而王子和人民很快就会一起灭亡。

Sect.

教派。

111.

But though the golden age (before vain ambition, and amor sceleratus habendi, evil concupiscence, had corrupted men’s minds into a mistake of true power and honour) had more virtue, and consequently better governors, as well as less vicious subjects, and there was then no stretching prerogative on the one side, to oppress the people; nor consequently on the other, any dispute about privilege, to lessen or restrain the power of the magistrate, and so no contest betwixt rulers and people about governors or government: yet, when ambition and luxury in future ages* would retain and increase the power, without doing the business for which it was given; and aided by flattery, taught princes to have distinct and separate interests from their people, men found it necessary to examine more carefully the original and rights of government; and to find out ways to restrain the exorbitances, and prevent the abuses of that power, which they having intrusted in another’s hands only for their own good, they found was made use of to hurt them.

但是，虽然黄金时代（在虚荣的野心和邪恶的色欲腐蚀了人们的思想，导致对真正的权力和荣誉的错误之前）有更多的美德，因此有更好的统治者，以及不那么邪恶的臣民，并且一方面没有压迫人民的特权；因此，另一方面，也不存在任何关于特权的争议，以减少或限制地方法官的权力，因此统治者和人民之间也不会就州长或政府展开竞争：然而，当未来时代的野心和奢侈*会保留和增加权力，而不做它被赋予的事务时；并在阿谀奉承的帮助下，教导君主与人民有着截然不同的利益，人们发现有必要更仔细地审查政府的起源和权利。他们为了自己的利益而将这种权力托付给他人，却发现这种权力被用来伤害他们。

(*At first, when some certain kind of regiment was once approved, it may be nothing was then farther thought upon for the manner of governing, but all permitted unto their wisdom and discretion which were to rule, till by experience they found this for all parts very inconvenient, so as the thing which they had devised for a remedy, did indeed but increase the sore which it should have cured.

（*起初，当某种军团一旦被批准后，可能就没有再进一步考虑过统治方式，但所有人都允许他们的智慧和判断力来统治，直到根据经验，他们发现这对所有部分都非常不方便，因此，他们设计的补救措施确实只是加剧了本应治愈的疼痛。

They saw, that to live by one man’s will, became the cause of all men’s misery.

他们看到，按照一个人的意志生活，成为所有人痛苦的根源。

This constrained them to come unto laws wherein all men might see their duty before hand, and know the penalties of transgressing them.

这迫使他们制定法律，使所有人都可以事先了解自己的义务，并知道违反这些法律的惩罚。

Hooker’s Eccl.

胡克的传道书。

Pol.

波尔。

湖

岛

sect.

教派。

10.)

Sect.

教派。

112.

Thus we may see how probable it is, that people that were naturally free, and by their own consent either submitted to the government of their father, or united together out of different families to make a government, should generally put the rule into one man’s hands, and chuse to be under the conduct of a single person, without so much as by express conditions limiting or regulating his power, which they thought safe enough in his honesty and prudence; though they never dreamed of monarchy being lure Divino, which we never heard of among mankind, till it was revealed to us by the divinity of this last age; nor ever allowed paternal power to have a right to dominion, or to be the foundation of all government.

因此，我们可以看到，自然自由的人们很可能会服从于他们父亲的政府，或者由不同的家庭联合起来组成一个政府，通常应该把统治权交到一个人的手中，并选择接受一个人的指挥，而不用通过明确的条件来限制或规范他的权力，他们认为他的诚实和谨慎是足够安全的。尽管他们从来没有梦想过君主政体会诱惑神灵，这是我们在人类中从未听说过的，直到最后一个时代的神灵向我们揭示了这一点。也从未允许父权拥有统治权，或成为所有政府的基础。

And thus much may suffice to shew, that as far as we have any light from history, we have reason to conclude, that all peaceful beginnings of government have been laid in the consent of the people.

因此，足以表明，就我们从历史中得到的任何启示而言，我们有理由得出结论，政府的所有和平开端都是在人民的同意下进行的。

I say peaceful, because I shall have occasion in another place to speak of conquest, which some esteem a way of beginning of governments.

我说和平，是因为我将有机会在另一个地方谈论征服，有些人认为这是建立政府的一种方式。

The other objection I find urged against the beginning of polities, in the way I have mentioned, is this, viz.

正如我所提到的，我发现反对政体起源的另一个反对意见是：

Sect.

教派。

113.

That all men being born under government, some or other, it is impossible any of them should ever be free, and at liberty to unite together, and begin a new one, or ever be able to erect a lawful government.

所有生来都在政府统治下的人，无论是某种还是那种，他们中的任何一个人都不可能获得自由，并自由地团结在一起，开始一个新的政府，或者永远能够建立一个合法的政府。

If this argument be good; I ask, how came so many lawful monarchies into the world?

如果这个论点是好的；我问，世界上怎么会有这么多合法的君主制国家？

for if any body, upon this supposition, can shew me any one man in any age of the world free to begin a lawful monarchy, I will be bound to shew him ten other free men at liberty, at the same time to unite and begin a new government under a regal, or any other form; it being demonstration, that if any one, born under the dominion of another, may be so free as to have a right to command others in a new and distinct empire, every one that is born under the dominion of another may be so free too, and may become a ruler, or subject, of a distinct separate government.

因为如果任何机构，根据这一假设，可以向我展示世界上任何时代的任何一个人可以自由地建立一个合法的君主政体，我将有义务向他展示另外十个自由人，同时可以自由地联合起来并开始一个以君主或任何其他形式领导的新政府；它证明，如果任何一个出生在另一个人的统治下的人可以如此自由，有权在一个新的、独特的帝国中指挥其他人，那么每个出生在另一个人的统治下的人也可以如此自由，并且可以成为一个独特的单独政府的统治者或臣民。

And so by this their own principle, either all men, however born, are free, or else there is but one lawful prince, one lawful government in the world.

因此，根据他们自己的原则，要么所有人，无论出生如何，都是自由的，要么世界上只有一位合法的君主，一个合法的政府。

And then they have nothing to do, but barely to shew us which that is; which when they have done, I doubt not but all mankind will easily agree to pay obedience to him.

然后他们无事可做，只是勉强向我们展示那是什么；当他们这样做时，我相信全人类都会轻易同意服从他。

Sect.

教派。

114.

Though it be a sufficient answer to their objection, to shew that it involves them in the same difficulties that it doth those they use it against; yet I shall endeavour to discover the weakness of this argument a little farther.

尽管这足以回答他们的反对意见，但要表明它使他们陷入与他们所反对的人所面临的同样的困难；但我将努力进一步发现这一论点的弱点。

All men, say they, are born under government, and therefore they cannot be at liberty to begin a new one.

他们说，所有人都是在政府统治下出生的，因此他们不能自由地开始新的政府。

Every one is born a subject to his father, or his prince, and is therefore under the perpetual tie of subjection and allegiance.

每个人生来就是他父亲或王子的臣民，因此永远受到服从和效忠的束缚。

It is plain mankind never owned nor considered any such natural subjection that they were born in, to one or to the other that tied them, without their own consents, to a subjection to them and their heirs.

很明显，人类从未拥有或考虑过任何他们生来就受到的自然服从，无论是对其中一方还是另一方，在未经他们本人同意的情况下，将他们与他们及其继承人的服从联系在一起。

Sect.

教派。

115.

For there are no examples so frequent in history, both sacred and profane, as those of men withdrawing themselves, and their obedience, from the jurisdiction they were born under, and the family or community they were bred up in, and setting up new governments in other places; from whence sprang all that number of petty commonwealths in the beginning of ages, and which always multiplied, as long as there was room enough, till the stronger, or more fortunate, swallowed the weaker; and those great ones again breaking to pieces, dissolved into lesser dominions.

因为在历史上，无论是神圣的还是世俗的，都没有比人类从他们出生的管辖范围、他们成长的家庭或社区中撤回自己和他们的服从，并在其他地方建立新政府的例子更频繁的了。远古时期，无数小型国家就是从这里诞生的，只要有足够的空间，这些国家就会不断增加，直到更强或更幸运的人吞并弱者。那些伟大的国家再次分裂，分解成较小的领土。

All which are so many testimonies against paternal sovereignty, and plainly prove, that it was not the natural right of the father descending to his heirs, that made governments in the beginning, since it was impossible, upon that ground, there should have been so many little kingdoms; all must have been but only one universal monarchy, if men had not been at liberty to separate themselves from their families, and the government, be it what it will, that was set up in it, and go and make distinct commonwealths and other governments, as they thought fit.

所有这些都是反对父权主权的如此多的证据，并清楚地证明，最初建立政府并不是由父亲继承给他的继承人的自然权利，因为根据这个理由，不可能有这么多的小王国。如果人们没有自由地将自己与他们的家庭和政府分离出来，那么所有国家都只能是一个普遍的君主制，无论政府是如何建立的，并按照他们认为合适的方式建立不同的联邦和其他政府。

Sect.

教派。

116.

This has been the practice of the world from its first beginning to this day; nor is it now any more hindrance to the freedom of mankind, that they are born under constituted and ancient polities, that have established laws, and set forms of government, than if they were born in the woods, amongst the unconfined inhabitants, that run loose in them: for those, who would persuade us, that by being born under any government, we are naturally subjects to it, and have no more any title or pretence to the freedom of the state of nature, have no other reason (bating that of paternal power, which we have already answered) to produce for it, but only, because our fathers or progenitors passed away their natural liberty, and thereby bound up themselves and their posterity to a perpetual subjection to the government, which they themselves submitted to.

这就是世界自创世以来的惯例。现在，他们出生在既定的、古老的政体下，这些政体已经制定了法律，并制定了政府形式，这并不比他们出生在树林里，在不受限制的居民中，在其中自由自在地出生，对人类的自由有任何更大的障碍：对于那些说服我们，通过出生在任何政府之下，我们自然服从它，并且不再有任何自然状态自由的权利或借口的人，没有其他理由（反对父权，我们已经回答过）为之而生产，但这只是因为我们的祖先或祖先放弃了他们的自然自由，从而将他们自己和他们的后代永远服从于政府，而他们自己也服从了政府。

It is true, that whatever engagements or promises any one has made for himself, he is under the obligation of them, but cannot, by any compact whatsoever, bind his children or posterity: for his son, when a man, being altogether as free as the father, any act of the father can no more give away the liberty of the son, than it can of any body else: he may indeed annex such conditions to the land, he enjoyed as a subject of any commonwealth, as may oblige his son to be of that community, if he will enjoy those possessions which were his father’s; because that estate being his father’s property, he may dispose, or settle it, as he pleases.

确实，任何人为自己做出的任何约定或承诺，他都有义务，但不能以任何契约约束他的子女或后代：对于他的儿子来说，当一个人完全像父亲一样自由时，父亲的任何行为都不能比任何其他人更多地放弃儿子的自由：他确实可以将这些条件并入他作为任何国家的臣民所享有的土地，就像可以强迫他的儿子成为该国家的那样。社区，如果他愿意享受他父亲的财产；因为该遗产是他父亲的财产，他可以随心所欲地处置或解决它。

Sect.

教派。

117.

And this has generally given the occasion to mistake in this matter; because commonwealths not permitting any part of their dominions to be dismembered, nor to be enjoyed by any but those of their community, the son cannot ordinarily enjoy the possessions of his father, but under the same terms his father did, by becoming a member of the society; whereby he puts himself presently under the government he finds there established, as much as any other subject of that commonwealth.

这通常会导致在这件事上犯错误。因为联邦不允许其领土的任何部分被分割，也不允许除其共同体的领土之外的任何人享有，因此儿子通常不能享有其父亲的财产，除非在与父亲相同的条件下，通过成为社会的成员；由此，他目前将自己置于他发现在那里建立的政府之下，就像该共和国的任何其他主体一样。

And thus the consent of freemen, born under government, which only makes them members of it, being given separately in their turns, as each comes to be of age, and not in a multitude together; people take no notice of it, and thinking it not done at all, or not necessary, conclude they are naturally subjects as they are men.

因此，出生在政府之下的自由人的同意，只使他们成为政府的成员，在每个人成年后轮流单独给予，而不是集体给予；人们没有注意到这一点，并认为根本没有这样做，或者没有必要，并得出结论，他们是自然的臣民，就像他们是人一样。

Sect.

教派。

118.

But, it is plain, governments themselves understand it otherwise; they claim no power over the son, because of that they had over the father; nor look on children as being their subjects, by their fathers being so.

但是，很明显，政府本身的理解却并非如此。他们对儿子没有权力，因为他们对父亲拥有权力。也不会将孩子视为他们的臣民，因为他们的父亲是如此。

If a subject of England have a child, by an English woman in France, whose subject is he?

如果一个英国臣民与一位在法国的英国女人生了一个孩子，那么他是谁的臣民？

Not the king of England’s; for he must have leave to be admitted to the privileges of it: nor the king of France’s; for how then has his father a liberty to bring him away, and breed him as he pleases?

不是英格兰国王；因为他必须获得许可才能享受其中的特权：法国国王也不能；那么他的父亲怎么能自由地把他带走并随心所欲地抚养他呢？

and who ever was judged as a traytor or deserter, if he left, or warred against a country, for being barely born in it of parents that were aliens there?

如果谁离开了一个国家，或者与一个国家交战，因为他的父母都是外国人，他会被判定为叛徒或逃兵吗？

It is plain then, by the practice of governments themselves, as well as by the law of right reason, that a child is born a subject of no country or government.

很明显，根据政府本身的实践以及正当理性法则，孩子生来就不是任何国家或政府的臣民。

He is under his father’s tuition and authority, till he comes to age of discretion; and then he is a freeman, at liberty what government he will put himself under, what body politic he will unite himself to: for if an Englishman’s son, born in France, be at liberty, and may do so, it is evident there is no tie upon him by his father’s being a subject of this kingdom; nor is he bound up by any compact of his ancestors.

他受到父亲的教导和权威，直到他到了有判断力的年龄。然后他就是一个自由人，他有自由将自己置于哪个政府之下，他将自己联合到哪个政体：因为如果一个出生在法国的英国人的儿子有自由，并且可以这样做，那么很明显，他的父亲是这个王国的臣民，这对他来说没有任何联系；他也不受他祖先的任何契约的约束。

And why then hath not his son, by the same reason, the same liberty, though he be born any where else?

那么，出于同样的原因，为什么他的儿子虽然出生在其他地方，却没有同样的自由呢？

Since the power that a father hath naturally over his children, is the same, where-ever they be born, and the ties of natural obligations, are not bounded by the positive limits of kingdoms and commonwealths.

由于父亲对子女的自然权力是相同的，无论他们出生在哪里，自然义务的联系不受王国和联邦的积极限制。

Sect.

教派。

119.

Every man being, as has been shewed, naturally free, and nothing being able to put him into subjection to any earthly power, but only his own consent; it is to be considered, what shall be understood to be a sufficient declaration of a man’s consent, to make him subject to the laws of any government.

正如已经表明的那样，每个人都是天生自由的，除了他自己的同意之外，没有任何东西能够使他屈服于任何尘世的力量；应当考虑的是，应理解为充分声明一个人的同意，使他服从任何政府的法律。

There is a common distinction of an express and a tacit consent, which will concern our present case.

明示同意和默示同意有一个共同的区别，这与我们目前的情况有关。

No body doubts but an express consent, of any man entering into any society, makes him a perfect member of that society, a subject of that government.

没有人怀疑任何人进入任何社会，除非明确同意，否则他将成为该社会的完美成员，该政府的臣民。

The difficulty is, what ought to be looked upon as a tacit consent, and how far it binds, i.e. how far any one shall be looked on to have consented, and thereby submitted to any government, where he has made no expressions of it at all.

困难在于，什么应该被视为默许，以及它的约束力有多大，即任何人在多大程度上应被视为已同意，从而服从任何政府，而他根本没有表达过这一点。

And to this I say, that every man, that hath any possessions, or enjoyment, of any part of the dominions of any government, doth thereby give his tacit consent, and is as far forth obliged to obedience to the laws of that government, during such enjoyment, as any one under it; whether this his possession be of land, to him and his heirs for ever, or a lodging only for a week; or whether it be barely travelling freely on the highway; and in effect, it reaches as far as the very being of any one within the territories of that government.

对此我要说的是，每个人，只要拥有任何财产或享有任何政府管辖权的任何部分，即表示默认，并且在享受该政府管辖期间，有义务遵守该政府的法律，就像该政府的任何人一样；无论他所拥有的土地是他和他的继承人永远拥有的，还是只是一个星期的住所？或者是否勉强在高速公路上自由行驶；实际上，它影响到该政府领土内任何人的存在。

Sect.

教派。

120.

To understand this the better, it is fit to consider, that every man, when he at first incorporates himself into any commonwealth, he, by his uniting himself thereunto, annexed also, and submits to the community, those possessions, which he has, or shall acquire, that do not already belong to any other government: for it would be a direct contradiction, for any one to enter into society with others for the securing and regulating of property; and yet to suppose his land, whose property is to be regulated by the laws of the society, should be exempt from the jurisdiction of that government, to which he himself, the proprietor of the land, is a subject.

为了更好地理解这一点，有必要考虑一下，每个人，当他最初将自己纳入任何共同体时，他通过将自己联合起来，也将他拥有或将获得的、尚未属于任何其他政府的财产吞并并提交给共同体：因为对于任何人来说，为了保护和管理财产而与其他人一起进入社会，这将是直接的矛盾；然而，假设他的土地，其财产受社会法律管辖，应免除该政府的管辖，而他本人，土地所有者，是该政府的臣民。

By the same act therefore, whereby any one unites his person, which was before free, to any commonwealth, by the same he unites his possessions, which were before free, to it also; and they become, both of them, person and possession, subject to the government and dominion of that commonwealth, as long as it hath a being.

因此，通过同样的行为，任何人将其在自由之前的个人与任何国家联合起来，通过同样的行为，他也将在自由之前的财产与该国家联合起来。只要该共和国存在，它们就成为个人和财产，受该共和国的政府和统治。

Whoever therefore, from thenceforth, by inheritance, purchase, permission, or otherways, enjoys any part of the land, so annexed to, and under the government of that commonwealth, must take it with the condition it is under; that is, of submitting to the government of the commonwealth, under whose jurisdiction it is, as far forth as any subject of it.

因此，从那时起，无论谁通过继承、购买、许可或其他方式，享有附属于该联邦并受其政府管辖的土地的任何部分，都必须按其现状来获取该土地；也就是说，就其任何主体而言，服从其管辖的联邦政府。

Sect.

教派。

121.

But since the government has a direct jurisdiction only over the land, and reaches the possessor of it, (before he has actually incorporated himself in the society) only as he dwells upon, and enjoys that; the obligation any one is under, by virtue of such enjoyment, to submit to the government, begins and ends with the enjoyment; so that whenever the owner, who has given nothing but such a tacit consent to the government, will, by donation, sale, or otherwise, quit the said possession, he is at liberty to go and incorporate himself into any other commonwealth; or to agree with others to begin a new one, in vacuis locis, in any part of the world, they can find free and unpossessed: whereas he, that has once, by actual agreement, and any express declaration, given his consent to be of any commonwealth, is perpetually and indispensably obliged to be, and remain unalterably a subject to it, and can never be again in the liberty of the state of nature; unless, by any calamity, the government he was under comes to be dissolved; or else by some public act cuts him off from being any longer a member of it.

但是，由于政府只对土地拥有直接管辖权，并且只有当土地所有者居住并享受土地时（在他真正融入社会之前），政府才对土地拥有直接管辖权。任何人由于享有这种享受而负有服从政府的义务，以这种享受为开始和结束；因此，每当所有者除了向政府默示同意外，什么也没有给予，通过捐赠、出售或其他方式放弃上述财产时，他就可以自由地加入任何其他联邦；或与其他人商定在世界任何地方在真空地点开始一个新的国家，他们都可以找到自由和不受占有的：而他一旦通过实际协议和任何明确声明同意加入任何联邦，就永远和不可或缺地有义务成为该联邦的臣民，并且永远不可改变地成为该联邦的臣民，并且永远不能再享有自然状态的自由；除非他所领导的政府因任何灾难而解散；否则，通过某种公共行为，他将不再是该组织的成员。

Sect.

教派。

122.

But submitting to the laws of any country, living quietly, and enjoying privileges and protection under them, makes not a man a member of that society: this is only a local protection and homage due to and from all those, who, not being in a state of war, come within the territories belonging to any government, to all parts whereof the force of its laws extends.

但是，服从任何国家的法律，安静地生活，并享受其中的特权和保护，并不能使一个人成为该社会的成员：这只是对所有那些不处于战争状态、进入属于任何政府的领土及其法律效力所及的所有部分的人的地方保护和敬意。

But this no more makes a man a member of that society, a perpetual subject of that commonwealth, than it would make a man a subject to another, in whose family he found it convenient to abide for some time; though, whilst he continued in it, he were obliged to comply with the laws, and submit to the government he found there.

但这并不能使一个人成为该社会的一员，成为该共和国的永久臣民，正如一个人发现在另一个人的家庭中居住一段时间很方便时，它不会使一个人成为另一个人的臣民一样。不过，当他继续这样做时，他有义务遵守法律，并服从他在那里找到的政府。

And thus we see, that foreigners, by living all their lives under another government, and enjoying the privileges and protection of it, though they are bound, even in conscience, to submit to its administration, as far forth as any denison; yet do not thereby come to be subjects or members of that commonwealth.

因此我们看到，外国人一生都生活在另一个政府之下，并享受它的特权和保护，尽管他们有义务，甚至在良心上，服从它的管理，无论任何规定；但并不因此而成为该共同体的臣民或成员。

Nothing can make any man so, but his actually entering into it by positive engagement, and express promise and compact.

任何人都无法做到这一点，除非他通过积极的参与、明确的承诺和契约实际参与其中。

This is that, which I think, concerning the beginning of political societies, and that consent which makes any one a member of any commonwealth.

我认为，这就是政治社会的起源，以及使任何人成为任何联邦成员的同意。

CHAPTER.

章。

IX.

九．

OF THE ENDS OF POLITICAL SOCIETY AND GOVERNMENT.

政治社会和政府的目的。

Sect.

教派。

123.

IF man in the state of nature be so free, as has been said; if he be absolute lord of his own person and possessions, equal to the greatest, and subject to no body, why will he part with his freedom?

如果人在自然状态下能够像前面所说的那样自由的话；如果他是自己人身和财产的绝对主人，与最伟大的人平等，并且不服从任何人，那么他为什么要放弃自己的自由呢？

why will he give up this empire, and subject himself to the dominion and controul of any other power?

他为什么要放弃这个帝国，而屈从于任何其他势力的统治和控制呢？

To which it is obvious to answer, that though in the state of nature he hath such a right, yet the enjoyment of it is very uncertain, and constantly exposed to the invasion of others: for all being kings as much as he, every man his equal, and the greater part no strict observers of equity and justice, the enjoyment of the property he has in this state is very unsafe, very unsecure.

对此，显而易见的回答是，虽然在自然状态下他拥有这样的权利，但对这种权利的享受是非常不确定的，并且经常受到他人的入侵：因为所有人都和他一样都是国王，每个人都是平等的，而且大多数人没有严格遵守公平和正义，因此他在这种状态下享有财产是非常不安全的，非常没有保障的。

This makes him willing to quit a condition, which, however free, is full of fears and continual dangers: and it is not without reason, that he seeks out, and is willing to join in society with others, who are already united, or have a mind to unite, for the mutual preservation of their lives, liberties and estates, which I call by the general name, property.

这使他愿意放弃一种无论多么自由却充满恐惧和持续危险的状况：他寻求并愿意与其他已经团结在一起或愿意团结起来的人一起加入社会，以共同维护他们的生命、自由和财产，我将其统称为财产，这并非没有理由。

Sect.

教派。

124.

The great and chief end, therefore, of men’s uniting into commonwealths, and putting themselves under government, is the preservation of their property.

因此，人们联合成联邦、将自己置于政府之下的伟大而主要的目的就是保护他们的财产。

To which in the state of nature there are many things wanting.

在自然状态下，还存在许多不足之处。

First, There wants an established, settled, known law, received and allowed by common consent to be the standard of right and wrong, and the common measure to decide all controversies between them: for though the law of nature be plain and intelligible to all rational creatures; yet men being biassed by their interest, as well as ignorant for want of study of it, are not apt to allow of it as a law binding to them in the application of it to their particular cases.

首先，需要有一个既定的、固定的、已知的法律，经共同同意接受和允许作为正确与错误的标准，以及决定正确与错误之间所有争议的共同标准：因为尽管自然法对所有理性生物来说都是简单易懂的；然而，人们由于自己的利益而产生偏见，并且由于缺乏研究而无知，因此在将其应用于自己的具体情况时，不容易将其作为对他们具有约束力的法律。

Sect.

教派。

125.

Secondly, In the state of nature there wants a known and indifferent judge, with authority to determine all differences according to the established law: for every one in that state being both judge and executioner of the law of nature, men being partial to themselves, passion and revenge is very apt to carry them too far, and with too much heat, in their own cases; as well as negligence, and unconcernedness, to make them too remiss in other men’s.

其次，在自然状态下，需要一个众所周知的、冷漠的法官，有权根据既定的法律来决定所有分歧：因为在该状态下的每个人既是自然法的法官又是自然法的执行者，人们偏爱自己，激情和报复很容易使他们在自己的案件中走得太远，而且太过激烈；以及疏忽和漠不关心，使他们对其他人也疏忽大意。

Sect.

教派。

126.

Thirdly, In the state of nature there often wants power to back and support the sentence when right, and to give it due execution, They who by any injustice offended, will seldom fail, where they are able, by force to make good their injustice; such resistance many times makes the punishment dangerous, and frequently destructive, to those who attempt it.

第三，在自然状态下，当正确的判决时，人们常常需要权力来支持和支持判决，并给予适当的执行。那些因任何不公正而受到冒犯的人，只要有能力，通过武力弥补他们的不公正，就很少会失败；对于那些试图实施惩罚的人来说，这种抵制往往会使惩罚变得危险，而且常常具有破坏性。

Sect.

教派。

127.

Thus mankind, notwithstanding all the privileges of the state of nature, being but in an ill condition, while they remain in it, are quickly driven into society.

因此，尽管人类享有自然状态的所有特权，但仍处于病态状态，当他们仍处于自然状态时，很快就会被赶入社会。

Hence it comes to pass, that we seldom find any number of men live any time together in this state.

因此，我们很少发现有多少人在这种状态下生活在一起。

The inconveniencies that they are therein exposed to, by the irregular and uncertain exercise of the power every man has of punishing the transgressions of others, make them take sanctuary under the established laws of government, and therein seek the preservation of their property.

由于每个人惩罚他人违法行为的权力的不规则和不确定的行使，他们所面临的不便，使他们在政府既定法律下寻求庇护，并寻求保护自己的财产。

It is this makes them so willingly give up every one his single power of punishing, to be exercised by such alone, as shall be appointed to it amongst them; and by such rules as the community, or those authorized by them to that purpose, shall agree on.

正是这一点使得他们心甘情愿地放弃对每个人的唯一惩罚权，而由他们中指定的人单独行使这一权力。并遵守社区或为此目的授权的人应商定的规则。

And in this we have the original right and rise of both the legislative and executive power, as well as of the governments and societies themselves.

在这一点上，我们拥有立法权和行政权以及政府和社会本身的原始权利和崛起。

Sect.

教派。

128.

For in the state of nature, to omit the liberty he has of innocent delights, a man has two powers.

因为在自然状态下，一个人拥有两种权力，即放弃他拥有的天真的快乐的自由。

The first is to do whatsoever he thinks fit for the preservation of himself, and others within the permission of the law of nature: by which law, common to them all, he and all the rest of mankind are one community, make up one society, distinct from all other creatures.

第一个是在自然法允许的范围内做他认为适合保护自己和他人的任何事情：根据自然法，所有人共同的法律，他和所有其他人类是一个共同体，组成一个社会，有别于所有其他生物。

And were it not for the corruption and vitiousness of degenerate men, there would be no need of any other; no necessity that men should separate from this great and natural community, and by positive agreements combine into smaller and divided associations.

如果不是堕落者的腐败和暴躁，就不需要任何其他的了。人们没有必要脱离这个伟大而自然的共同体，并通过积极的协议联合成更小的、分裂的协会。

The other power a man has in the state of nature, is the power to punish the crimes committed against that law.

人在自然状态下拥有的另一项权力是惩罚违反法律的罪行的权力。

Both these he gives up, when he joins in a private, if I may so call it, or particular politic society, and incorporates into any commonwealth, separate from the rest of mankind.

当他加入一个私人（如果我可以这样称呼它）或特定的政治社会，并融入任何与其他人类分离的联邦时，他就放弃了这两种权利。

Sect.

教派。

129.

The first power, viz.

第一个力量，即。

of doing whatsoever he thought for the preservation of himself, and the rest of mankind, he gives up to be regulated by laws made by the society, so far forth as the preservation of himself, and the rest of that society shall require; which laws of the society in many things confine the liberty he had by the law of nature.

他为了保护自己和其他人而做任何他想做的事，他就放弃了受社会制定的法律的约束，只要保护他自己和社会其他人所要求的；社会法律在许多方面限制了他根据自然法享有的自由。

Sect.

教派。

130.

Secondly, The power of punishing he wholly gives up, and engages his natural force, (which he might before employ in the execution of the law of nature, by his own single authority, as he thought fit) to assist the executive power of the society, as the law thereof shall require: for being now in a new state, wherein he is to enjoy many conveniencies, from the labour, assistance, and society of others in the same community, as well as protection from its whole strength; he is to part also with as much of his natural liberty, in providing for himself, as the good, prosperity, and safety of the society shall require; which is not only necessary, but just, since the other members of the society do the like.

其次，他完全放弃了惩罚的权力，并利用他的自然力量（他以前可以在他认为合适的情况下，通过他自己的单一权威，在执行自然法时使用这种力量）来协助社会的行政权力，正如社会法所要求的那样：因为现在处于一个新的状态，在这个状态中，他将享受许多便利，来自同一社会中其他人的劳动、援助和社会，以及来自社会整体力量的保护；为了满足社会的福祉、繁荣和安全的需要，他还应放弃尽可能多的自然自由来养活自己。这不仅是必要的，而且是公正的，因为社会的其他成员也这样做。

Sect.

教派。

131.

But though men, when they enter into society, give up the equality, liberty, and executive power they had in the state of nature, into the hands of the society, to be so far disposed of by the legislative, as the good of the society shall require; yet it being only with an intention in every one the better to preserve himself, his liberty and property; (for no rational creature can be supposed to change his condition with an intention to be worse) the power of the society, or legislative constituted by them, can never be supposed to extend farther, than the common good; but is obliged to secure every one’s property, by providing against those three defects above mentioned, that made the state of nature so unsafe and uneasy.

但是，尽管人们在进入社会时，放弃了他们在自然状态下所拥有的平等、自由和行政权力，将其交到社会手中，由立法机构按照社会利益的要求进行处置；然而，只有每个人都怀有更好地保护自己、自由和财产的意图；（因为任何有理性的人都不能为了让自己的处境变得更糟而改变自己的处境）社会的权力，或者由社会构成的立法权，永远不能被认为延伸得比公共利益更远。但有义务通过防止上述三个缺陷来保护每个人的财产，这些缺陷使自然状态变得如此不安全和不安。

And so whoever has the legislative or supreme power of any commonwealth, is bound to govern by established standing laws, promulgated and known to the people, and not by extemporary decrees; by indifferent and upright judges, who are to decide controversies by those laws; and to employ the force of the community at home, only in the execution of such laws, or abroad to prevent or redress foreign injuries, and secure the community from inroads and invasion.

因此，无论谁拥有任何联邦的立法权或最高权，都必须通过颁布并为人民所知的既定法律来进行统治，而不是通过临时法令来进行统治；由冷漠而正直的法官根据这些法律来裁决争议；并在国内仅在执行此类法律时使用社区的力量，或在国外使用社区的力量来防止或纠正外来伤害，并确保社区免受侵入和入侵。

And all this to be directed to no other end, but the peace, safety, and public good of the people.

所有这一切都是为了人民的和平、安全和公共利益。

CHAPTER.

章。

OF THE FORMS OF A COMMON-WEALTH.

共同财富的形式。

Sect.

教派。

132.

THE majority having, as has been shewed, upon men’s first uniting into society, the whole power of the community naturally in them, may employ all that power in making laws for the community from time to time, and executing those laws by officers of their own appointing; and then the form of the government is a perfect democracy: or else may put the power of making laws into the hands of a few select men, and their heirs or successors; and then it is an oligarchy: or else into the hands of one man, and then it is a monarchy: if to him and his heirs, it is an hereditary monarchy: if to him only for life, but upon his death the power only of nominating a successor to return to them; an elective monarchy.

正如已经表明的那样，在人们第一次联合到社会中时，大多数人自然就拥有了社会的全部权力，他们可以利用所有这些权力不时地为社会制定法律，并由他们自己任命的官员执行这些法律。那么政府的形式就是完美的民主：否则可能会将制定法律的权力交到少数选定的人及其继承人或继任者手中；那么它就是一个寡头政治：或者落入一个人的手中，那么它就是一个君主制：如果对他和他的继承人来说，它是一个世袭君主制：如果对他来说只有终身，但在他死后只有提名继承人的权力返回给他们；选举君主制。

And so accordingly of these the community may make compounded and mixed forms of government, as they think good.

因此，根据这些，社会可以按照他们认为好的方式建立复合和混合的政府形式。

And if the legislative power be at first given by the majority to one or more persons only for their lives, or any limited time, and then the supreme power to revert to them again; when it is so reverted, the community may dispose of it again anew into what hands they please, and so constitute a new form of government: for the form of government depending upon the placing the supreme power, which is the legislative, it being impossible to conceive that an inferior power should prescribe to a superior, or any but the supreme make laws, according as the power of making laws is placed, such is the form of the commonwealth.

如果立法权首先由多数人授予一个或多个人，但仅限于他们的生命或有限的时间，然后再将最高权力归还给他们；当它被如此恢复时，社会可以将其重新处置到他们喜欢的人手中，从而构成一种新的政府形式：因为政府的形式取决于最高权力（即立法权）的设置，不可能想象下级权力应该向上级权力制定规定，或者除了最高权力之外的任何人都可以根据制定法律的权力来制定法律，这就是共和国的形式。

Sect.

教派。

133.

By commonwealth, I must be understood all along to mean, not a democracy, or any form of government, but any independent community, which the Latines signified by the word civitas, to which the word which best answers in our language, is commonwealth, and most properly expresses such a society of men, which community or city in English does not; for there may be subordinate communities in a government; and city amongst us has a quite different notion from commonwealth: and therefore, to avoid ambiguity, I crave leave to use the word commonwealth in that sense, in which I find it used by king James the first; and I take it to be its genuine signification; which if any body dislike, I consent with him to change it for a better.

我所说的“共和联邦”，必须始终被理解为指的不是民主或任何形式的政府，而是任何独立的共同体，拉丁语中用“civitas”这个词来表示这种共同体，而在我们的语言中最能对应这个词的是“共和联邦”，并且最恰当地表达了这样一个人类社会，而英语中的共同体或城市则不然；因为政府中可能存在下属社区；我们当中的城市与联邦有着完全不同的概念：因此，为了避免歧义，我渴望在这个意义上使用“联邦”这个词，我发现詹姆斯一世国王就曾使用过这个词。我认为这是它的真正意义；如果有人不喜欢，我同意他将其更改得更好。

CHAPTER.

章。

XI.

十一.

OF THE EXTENT OF THE LEGISLATIVE POWER.

立法权的范围。

Sect.

教派。

134.

THE great end of men’s entering into society, being the enjoyment of their properties in peace and safety, and the great instrument and means of that being the laws established in that society; the first and fundamental positive law of all commonwealths is the establishing of the legislative power; as the first and fundamental natural law, which is to govern even the legislative itself, is the preservation of the society, and (as far as will consist with the public good) of every person in it.

人进入社会的伟大目的是和平、安全地享有自己的财产，而实现这一点的重要工具和手段就是社会中制定的法律；所有联邦的首要和基本实在法是立法权的建立；作为首要和基本的自然法，它甚至管辖立法本身，是保护社会以及（只要符合公共利益）社会中的每个人。

This legislative is not only the supreme power of the commonwealth, but sacred and unalterable in the hands where the community have once placed it; nor can any edict of any body else, in what form soever conceived, or by what power soever backed, have the force and obligation of a law, which has not its sanction from that legislative which the public has chosen and appointed: for without this the law could not have that, which is absolutely necessary to its being a law,* the consent of the society, over whom no body can have a power to make laws, but by their own consent, and by authority received from them; and therefore all the obedience, which by the most solemn ties any one can be obliged to pay, ultimately terminates in this supreme power, and is directed by those laws which it enacts: nor can any oaths to any foreign power whatsoever, or any domestic subordinate power, discharge any member of the society from his obedience to the legislative, acting pursuant to their trust; nor oblige him to any obedience contrary to the laws so enacted, or farther than they do allow; it being ridiculous to imagine one can be tied ultimately to obey any power in the society, which is not the supreme.

这项立法不仅是联邦的最高权力，而且一旦掌握在共同体手中，它就变得神圣不可改变；任何其他机构的任何法令，无论以何种形式构思，或以何种权力为后盾，都不具有法律的效力和义务，如果没有得到公众选择和任命的立法机构的认可，那么法律就不可能获得社会的同意，而这是其成为法律所绝对必需的*。因此，任何人通过最庄严的纽带必须遵守的所有服从最终都以这一最高权力为终结，并受其颁布的法律管辖：对任何外国权力或任何国内从属权力的任何宣誓也不能免除社会任何成员对立法机构的服从，并根据其信任行事；也不强迫他遵守任何违反所颁布法律的行为，或超出法律允许的范围；想象一个人最终会被迫服从社会中任何非至高无上的权力，这是荒谬的。

(*The lawful power of making laws to command whole politic societies of men, belonging so properly unto the same intire societies, that for any prince or potentate of what kind soever upon earth, to exercise the same of himself, and not by express commission immediately and personally received from God, or else by authority derived at the first from their consent, upon whose persons they impose laws, it is no better than mere tyranny.

（*制定法律来指挥整个人类政治社会的合法权力，完全属于同一个整体社会，因此对于地球上任何类型的任何君主或统治者来说，如果他自己行使同样的权力，而不是通过直接和亲自从上帝那里获得的明确委托，或者通过首先获得他们同意的权威，对他们的人施加法律，那么这并不比纯粹的暴政好。

Laws they are not therefore which public approbation hath not made so.

因此，未经公众认可，它们就不是法律。

Hooker’s Eccl.

胡克的传道书。

Pol.

波尔。

湖

岛

sect.

教派。

10.

Of this point therefore we are to note, that such men naturally have no full and perfect power to command whole politic multitudes of men, therefore utterly without our consent, we could in such sort be at no man’s commandment living.

因此，在这一点上我们要注意，这些人自然没有充分和完美的权力来指挥整个政治大众，因此完全未经我们同意，我们不能在任何人的命令下生活。

And to be commanded we do consent, when that society, whereof we be a part, hath at any time before consented, without revoking the same after by the like universal agreement.

当我们所属的社会在任何时候都已同意时，我们就同意接受命令，并且在之后不会通过类似的普遍协议撤销同样的同意。

Laws therefore human, of what kind so ever, are available by consent.

因此，人类的法律，无论何种类型，都可以通过同意获得。

Ibid.)

同上。）

Sect.

教派。

135.

Though the legislative, whether placed in one or more, whether it be always in being, or only by intervals, though it be the supreme power in every commonwealth; yet:

尽管立法权是每个联邦的最高权力，但无论它是一个还是多个，无论它始终存在，还是只是间歇性地存在；然而：

First, It is not, nor can possibly be absolutely arbitrary over the lives and fortunes of the people: for it being but the joint power of every member of the society given up to that person, or assembly, which is legislator; it can be no more than those persons had in a state of nature before they entered into society, and gave up to the community: for no body can transfer to another more power than he has in himself; and no body has an absolute arbitrary power over himself, or over any other, to destroy his own life, or take away the life or property of another.

首先，它不是、也不可能对人民的生命和财富具有绝对的专断性：因为它只是社会每个成员的共同权力，交给作为立法者的个人或议会；它只不过是那些进入社会之前处于自然状态的人所拥有的，并放弃了社会：因为没有人可以将比他自己拥有的更多的权力转移给另一个人。任何人都没有对自己或任何其他人拥有绝对任意的权力来摧毁自己的生命，或夺走他人的生命或财产。

A man, as has been proved, cannot subject himself to the arbitrary power of another; and having in the state of nature no arbitrary power over the life, liberty, or possession of another, but only so much as the law of nature gave him for the preservation of himself, and the rest of mankind; this is all he doth, or can give up to the commonwealth, and by it to the legislative power, so that the legislative can have no more than this.

事实已经证明，一个人不能屈从于另一个人的专断权力。在自然状态下，他对他人的生命、自由或占有没有专断的权力，但只有自然法赋予他的权力，以保护他自己和其他人类；这就是他所做的一切，或者说他可以将一切交给联邦，并通过联邦交给立法权，因此立法权只能如此。

Their power, in the utmost bounds of it, is limited to the public good of the society.

他们的权力在最大范围内仅限于社会公共利益。

It is a power, that hath no other end but preservation, and therefore can never have a right to destroy, enslave, or designedly to impoverish the subjects.* The obligations of the law of nature cease not in society, but only in many cases are drawn closer, and have by human laws known penalties annexed to them, to inforce their observation.

它是一种权力，除了保存之外没有其他目的，因此永远没有权利摧毁、奴役或故意使臣民陷入贫困。*自然法的义务并不在社会中终止，但只是在许多情况下更加接近，并通过人类法律附加已知的惩罚，以强制他们遵守。

Thus the law of nature stands as an eternal rule to all men, legislators as well as others.

因此，自然法对于所有人、立法者以及其他人来说都是永恒的规则。

The rules that they make for other men’s actions, must, as well as their own and other men’s actions, be conformable to the law of nature, i.e. to the will of God, of which that is a declaration, and the fundamental law of nature being the preservation of mankind, no human sanction can be good, or valid against it.

他们为他人的行为制定的规则，以及他们自己和其他人的行为，必须符合自然法，即上帝的意志，这是上帝的宣言，而基本的自然法是保护人类，任何人类制裁都不能是好的或有效的。

(*Two foundations there are which bear up public societies; the one a natural inclination, whereby all men desire sociable life and fellowship; the other an order, expresly or secretly agreed upon, touching the manner of their union in living together: the latter is that which we call the law of a common-weal, the very soul of a politic body, the parts whereof are by law animated, held together, and set on work in such actions as the common good requireth.

（*支撑公共社会有两个基础；一个是自然倾向，所有人都渴望社交生活和友谊；另一个是明示或秘密商定的命令，涉及他们共同生活的联合方式：后者就是我们所说的公共福利法，是一个政治体的灵魂，其各个部分通过法律被激活、团结在一起，并按照共同利益的要求开展工作。

Laws politic, ordained for external order and regiment amongst men, are never framed as they should be, unless presuming the will of man to be inwardly obstinate, rebellious, and averse from all obedience to the sacred laws of his nature; in a word, unless presuming man to be, in regard of his depraved mind, little better than a wild beast, they do accordingly provide, notwithstanding, so to frame his outward actions, that they be no hindrance unto the common good, for which societies are instituted.

为外部秩序和人间团结而制定的政治法律，除非假定人的意志是内在顽固的、反叛的，并且不愿意服从其本性的神圣法律，否则永远不会按照其应有的方式制定。总而言之，除非假定人就其堕落的心灵而言不比野兽好多少，否则它们确实规定，尽管如此，人们的外在行为不会妨碍公共利益，而社会正是为了公共利益而建立的。

Unless they do this, they are not perfect.

除非他们这样做，否则他们并不完美。

Hooker’s Eccl.

胡克的传道书。

Pol.

波尔。

湖

岛

sect.

教派。

10.)

Sect.

教派。

136.

Secondly, The legislative, or supreme authority, cannot assume to its self a power to rule by extemporary arbitrary decrees, but is bound to dispense justice, and decide the rights of the subject by promulgated standing laws, and known authorized judges:* for the law of nature being unwritten, and so no where to be found but in the minds of men, they who through passion or interest shall miscite, or misapply it, cannot so easily be convinced of their mistake where there is no established judge: and so it serves not, as it ought, to determine the rights, and fence the properties of those that live under it, especially where every one is judge, interpreter, and executioner of it too, and that in his own case: and he that has right on his side, having ordinarily but his own single strength, hath not force enough to defend himself from injuries, or to punish delinquents.

其次，立法机关或最高权力机构不能自行承担通过临时任意法令进行统治的权力，而是有义务伸张正义，并通过颁布的现行法律和已知的授权法官来决定主体的权利：*因为自然法是不成文的，因此只能在人们的头脑中找到，那些出于激情或利益而错误引用或误用它的人，在没有既定法官的情况下不能轻易地相信自己的错误：因此它服务于自然法。不应该像它应该的那样，确定权利，并保护生活在其之下的人们的财产，特别是在每个人都是权利的法官、解释者和执行者的情况下，就他自己而言：而拥有权利的人，通常只有他自己的单一力量，没有足够的力量来保护自己免受伤害，或惩罚违法者。

To avoid these inconveniences, which disorder men’s propperties in the state of nature, men unite into societies, that they may have the united strength of the whole society to secure and defend their properties, and may have standing rules to bound it, by which every one may know what is his.

为了避免这些在自然状态下扰乱人们财产的不便，人们联合起来组成社会，以便他们可以利用整个社会的联合力量来保护和捍卫自己的财产，并可以制定长期规则来约束财产，通过这些规则，每个人都可以知道什么是他的。

To this end it is that men give up all their natural power to the society which they enter into, and the community put the legislative power into such hands as they think fit, with this trust, that they shall be governed by declared laws, or else their peace, quiet, and property will still be at the same uncertainty, as it was in the state of nature.

为此，人们将他们所有的自然权力交给他们所加入的社会，社会将立法权交给他们认为合适的人，并相信他们将受到公布的法律的管辖，否则他们的和平、安宁和财产将仍然处于与自然状态相同的不确定性中。

(*Human laws are measures in respect of men whose actions they must direct, howbeit such measures they are as have also their higher rules to be measured by, which rules are two, the law of God, and the law of nature; so that laws human must be made according to the general laws of nature, and without contradiction to any positive law of scripture, otherwise they are ill made.

（*人类法律是针对人类行为的措施，它们必须指导其行为，然而，这些措施也有其更高的规则来衡量，这些规则有两个，即上帝的法律和自然的法律；因此，人类的法律必须根据一般的自然法则制定，并且不与任何圣经的实在法相矛盾，否则它们就是错误的。

Hooker’s Eccl.

胡克的传道书。

Pol.

波尔。

湖

iii.

三.

sect.

教派。

To constrain men to any thing inconvenient doth seem unreasonable.

强迫人们去做任何不方便的事情似乎是不合理的。

Ibid.

同上。

湖

岛

sect.

教派。

10.)

Sect.

教派。

137.

Absolute arbitrary power, or governing without settled standing laws, can neither of them consist with the ends of society and government, which men would not quit the freedom of the state of nature for, and tie themselves up under, were it not to preserve their lives, liberties and fortunes, and by stated rules of right and property to secure their peace and quiet.

绝对专断的权力，或者没有既定的现行法律的统治，两者都不符合社会和政府的目标，如果不是为了保护自己的生命、自由和财富，并通过规定的权利和财产规则来确保他们的和平与安宁，人们就不会放弃自然状态的自由，并将自己束缚在社会和政府的目标之下。

It cannot be supposed that they should intend, had they a power so to do, to give to any one, or more, an absolute arbitrary power over their persons and estates, and put a force into the magistrate’s hand to execute his unlimited will arbitrarily upon them.

如果他们有权力的话，就不能认为他们打算给予任何一个或多个人对其人身和财产绝对专断的权力，并将一种力量置于地方法官的手中，以任意地对他们执行他的无限意志。

This were to put themselves into a worse condition than the state of nature, wherein they had a liberty to defend their right against the injuries of others, and were upon equal terms of force to maintain it, whether invaded by a single man, or many in combination.

这将使他们自己陷入比自然状态更糟糕的境地，在自然状态下，他们可以自由地捍卫自己的权利，免受他人的伤害，并且可以平等地使用武力来维持这种权利，无论是受到单个人的侵犯，还是许多人的联合入侵。

Whereas by supposing they have given up themselves to the absolute arbitrary power and will of a legislator, they have disarmed themselves, and armed him, to make a prey of them when he pleases; he being in a much worse condition, who is exposed to the arbitrary power of one man, who has the command of 100,000, than he that is exposed to the arbitrary power of 100,000 single men; no body being secure, that his will, who has such a command, is better than that of other men, though his force be 100,000 times stronger.

然而，如果他们认为自己已经屈服于立法者的绝对专制权力和意志，那么他们就解除了自己的武装，并武装了立法者，以便在他愿意的时候成为他们的猎物；一个人受一个指挥十万人的专断权力的影响，比受十万个人专断权力的影响要糟糕得多。没有人能确信，拥有这样命令的人的意志，会比其他人强，尽管他的力量要强大十万倍。

And therefore, whatever form the commonwealth is under, the ruling power ought to govern by declared and received laws, and not by extemporary dictates and undetermined resolutions: for then mankind will be in a far worse condition than in the state of nature, if they shall have armed one, or a few men with the joint power of a multitude, to force them to obey at pleasure the exorbitant and unlimited decrees of their sudden thoughts, or unrestrained, and till that moment unknown wills, without having any measures set down which may guide and justify their actions: for all the power the government has, being only for the good of the society, as it ought not to be arbitrary and at pleasure, so it ought to be exercised by established and promulgated laws; that both the people may know their duty, and be safe and secure within the limits of the law; and the rulers too kept within their bounds, and not be tempted, by the power they have in their hands, to employ it to such purposes, and by such measures, as they would not have known, and own not willingly.

因此，无论国家采取何种形式，统治权力都应该通过宣布和公认的法律来进行统治，而不是通过临时的命令和未确定的决议来进行统治：因为如果人类用一个人或几个人联合众人的力量武装起来，强迫他们随意服从他们突发的想法或不受约束的过高和无限的法令，并且在那一刻之前未知的意愿，而没有人知道的话，那么人类将处于比自然状态更糟糕的境地。制定的任何可以指导和证明其行动合理性的措施：政府拥有的所有权力都是为了社会的利益，因此它不应该是任意的和随意的，因此应该通过既定和颁布的法律来行使；使人民了解自己的职责，并在法律范围内获得安全；统治者也遵守自己的界限，不被手中掌握的权力所诱惑，将权力用于他们不知道、也不愿意拥有的目的和措施。

Sect.

教派。

138.

Thirdly, The supreme power cannot take from any man any part of his property without his own consent: for the preservation of property being the end of government, and that for which men enter into society, it necessarily supposes and requires, that the people should have property, without which they must be supposed to lose that, by entering into society, which was the end for which they entered into it; too gross an absurdity for any man to own.

第三，未经个人同意，最高权力不能夺取任何人的任何部分财产：因为保护财产是政府的目的，也是人们进入社会的目的，它必然假设和要求人民应该拥有财产，如果没有财产，他们就必须在进入社会时失去财产，而这正是他们进入社会的目的；这太荒谬了，任何人都无法接受。

Men therefore in society having property, they have such a right to the goods, which by the law of the community are their’s, that no body hath a right to take their substance or any part of it from them, without their own consent: without this they have no property at all; for I have truly no property in that, which another can by right take from me, when he pleases, against my consent.

因此，在社会中拥有财产的人，他们对财产拥有这样的权利，根据社会法律，这些财产是他们的，任何人都无权在未经他们本人同意的情况下从他们那里夺走他们的财产或其中的任何部分：如果没有他们自己的同意，他们就根本没有财产；他们没有财产。因为我确实不拥有任何财产，任何人都可以在未经我同意的情况下从我这里夺走。

Hence it is a mistake to think, that the supreme or legislative power of any commonwealth, can do what it will, and dispose of the estates of the subject arbitrarily, or take any part of them at pleasure.

因此，认为任何联邦的最高权力或立法权都可以为所欲为，任意处置臣民的财产，或随意拿走其中的任何一部分，这是错误的。

This is not much to be feared in governments where the legislative consists, wholly or in part, in assemblies which are variable, whose members, upon the dissolution of the assembly, are subjects under the common laws of their country, equally with the rest.

在立法机构全部或部分由可变议会组成的政府中，这一点并不值得担心，其成员在议会解散后，与其他人一样，都受其国家的普通法管辖。

But in governments, where the legislative is in one lasting assembly always in being, or in one man, as in absolute monarchies, there is danger still, that they will think themselves to have a distinct interest from the rest of the community; and so will be apt to increase their own riches and power, by taking what they think fit from the people: for a man’s property is not at all secure, tho’ there be good and equitable laws to set the bounds of it between him and his fellow subjects, if he who commands those subjects have power to take from any private man, what part he pleases of his property, and use and dispose of it as he thinks good.

但在政府中，立法机关始终存在于一个持久的议会中，或者像在绝对君主制中一样，由一个人组成，因此仍然存在危险，他们会认为自己与社会其他成员有不同的利益；因此，他们很容易通过从人民那里获取他们认为合适的东西来增加自己的财富和权力：因为一个人的财产根本就不是安全的，尽管有良好而公平的法律在他和他的同胞之间规定了财产的界限，如果指挥这些臣民的人有权从任何私人那里夺取他所喜欢的财产的一部分，并按照他认为好的方式使用和处置它。

Sect.

教派。

139.

But government, into whatsoever hands it is put, being, as I have before shewed, intrusted with this condition, and for this end, that men might have and secure their properties; the prince, or senate, however it may have power to make laws, for the regulating of property between the subjects one amongst another, yet can never have a power to take to themselves the whole, or any part of the subjects property, without their own consent: for this would be in effect to leave them no property at all.

但是，正如我之前所表明的，政府无论被置于何种手中，都被赋予了这种条件，为此目的，人们可以拥有并保护他们的财产。君主或元老院虽然有权制定法律来管理臣民之间的财产，但在未经臣民本人同意的情况下，他们永远无权将臣民的全部或任何部分财产据为己有：因为这实际上会让他们根本没有财产。

And to let us see, that even absolute power, where it is necessary, is not arbitrary by being absolute, but is still limited by that reason, and confined to those ends, which required it in some cases to be absolute, we need look no farther than the common practice of martial discipline: for the preservation of the army, and in it of the whole commonwealth, requires an absolute obedience to the command of every superior officer, and it is justly death to disobey or dispute the most dangerous or unreasonable of them; but yet we see, that neither the serjeant, that could command a soldier to march up to the mouth of a cannon, or stand in a breach, where he is almost sure to perish, can command that soldier to give him one penny of his money; nor the general, that can condemn him to death for deserting his post, or for not obeying the most desperate orders, can yet, with all his absolute power of life and death, dispose of one farthing of that soldier’s estate, or seize one jot of his goods; whom yet he can command any thing, and hang for the least disobedience; because such a blind obedience is necessary to that end, for which the commander has his power, viz.

让我们看到，即使是必要的绝对权力，也不是绝对的任意的，而是仍然受到这种原因的限制，并且仅限于那些在某些情况下要求它具有绝对性的目的，我们只需看看军事纪律的常见做法即可：为了保存军队以及整个共和国，需要绝对服从每一位上级军官的命令，不服从或质疑其中最危险或最不合理的人就是公正的死亡；但我们看到，军士既可以命令士兵行进到炮口，或者站在一个几乎肯定会死的缺口处，也不能命令士兵给他一分钱；将军也不能因擅离职守或不服从最绝望的命令而判处他死刑，尽管他拥有生死攸关的绝对权力，却不能处置该士兵的一分钱财产，或没收他的一分财产；但他可以命令任何事情，只要有一点不服从，就会被绞死。因为为了达到这个目的，这种盲目服从是必要的，为此指挥官拥有他的权力，即。

the preservation of the rest; but the disposing of his goods has nothing to do with it.

其余部分的保存；但他的货物的处置与此无关。

Sect.

教派。

140.

It is true, governments cannot be supported without great charge, and it is fit every one who enjoys his share of the protection, should pay out of his estate his proportion for the maintenance of it.

诚然，如果不缴纳巨额费用，政府就无法得到支持，每一个享有其应得保护份额的人都应该从自己的财产中拿出自己应得的份额来维持它。

But still it must be with his own consent, i.e. the consent of the majority, giving it either by themselves, or their representatives chosen by them: for if any one shall claim a power to lay and levy taxes on the people, by his own authority, and without such consent of the people, he thereby invades the fundamental law of property, and subverts the end of government: for what property have I in that, which another may by right take, when he pleases, to himself?

但它仍然必须得到他本人的同意，即多数人的同意，要么由他们自己，要么由他们选出的代表给予同意：因为如果任何人声称有权以他自己的权力向人民征税，而没有得到人民的同意，那么他就侵犯了财产的基本法，并颠覆了政府的目的：因为我有什么财产可以让别人在他愿意的时候有权为自己取得呢？

Sect.

教派。

141.

Fourthly, The legislative cannot transfer the power of making laws to any other hands: for it being but a delegated power from the people, they who have it cannot pass it over to others.

第四，立法机关不能将制定法律的权力转让给任何人，因为它只是人民委托的权力，拥有它的人不能将其转让给其他人。

The people alone can appoint the form of the commonwealth, which is by constituting the legislative, and appointing in whose hands that shall be.

只有人民才能指定联邦的形式，即通过制定立法机构并指定由谁负责。

And when the people have said, We will submit to rules, and be governed by laws made by such men, and in such forms, no body else can say other men shall make laws for them; nor can the people be bound by any laws, but such as are enacted by those whom they have chosen, and authorized to make laws for them.

当人民说：“我们将服从规则，并受这些人以这种形式制定的法律管辖时，没有人可以说其他人应该为他们制定法律；”人民也不受任何法律的约束，除非由他们选择并授权为他们制定法律的人制定。

The power of the legislative, being derived from the people by a positive voluntary grant and institution, can be no other than what that positive grant conveyed, which being only to make laws, and not to make legislators, the legislative can have no power to transfer their authority of making laws, and place it in other hands.

立法机关的权力来源于人民的积极自愿授予和制度，只能是这种积极授予所传达的意思，即只能制定法律，而不是制定立法者，立法者不能将其制定法律的权力移交他人手中。

Sect.

教派。

142.

These are the bounds which the trust, that is put in them by the society, and the law of God and nature, have set to the legislative power of every commonwealth, in all forms of government.

这些是社会赋予它们的信任、上帝和自然的法则，为每个联邦、所有形式的政府的立法权所设定的界限。

First, They are to govern by promulgated established laws, not to be varied in particular cases, but to have one rule for rich and poor, for the favourite at court, and the country man at plough.

第一，他们要按照颁布的既定法律进行统治，不得因具体情况而改变，而是无论贫富、朝廷宠臣、耕犁者都应有一个规则。

Secondly, These laws also ought to be designed for no other end ultimately, but the good of the people.

其次，这些法律的最终目的也应该是为了人民的利益。

Thirdly, They must not raise taxes on the property of the people, without the consent of the people, given by themselves, or their deputies.

第三，未经人民本人或其代表的同意，他们不得对人民的财产征税。

And this properly concerns only such governments where the legislative is always in being, or at least where the people have not reserved any part of the legislative to deputies, to be from time to time chosen by themselves.

这只适用于立法机构始终存在的政府，或者至少是人民没有将立法机构的任何部分保留给代表、不时由他们自己选出的政府。

Fourthly, The legislative neither must nor can transfer the power of making laws to any body else, or place it any where, but where the people have.

第四，立法机关既不能也不可以将制定法律的权力移交给任何其他机构，或将其置于人民拥有的任何地方。

CHAPTER.

章。

XII.

十二．

OF THE LEGISLATIVE, EXECUTIVE, AND FEDERATIVE POWER OF THE COMMON-WEALTH.

共同财富的立法权、行政权和联邦权。

Sect.

教派。

143.

THE legislative power is that, which has a right to direct how the force of the commonwealth shall be employed for preserving the community and the members of it.

立法权有权指导如何运用联邦的力量来保护共同体及其成员。

But because those laws which are constantly to be executed, and whose force is always to continue, may be made in a little time; therefore there is no need, that the legislative should be always in being, not having always business to do.

但是，因为那些需要不断执行、其效力始终持续的法律，可能会在很短的时间内制定出来；因此，立法没有必要总是存在，而不总是有事务可做。

And because it may be too great a temptation to human frailty, apt to grasp at power, for the same persons, who have the power of making laws, to have also in their hands the power to execute them, whereby they may exempt themselves from obedience to the laws they make, and suit the law, both in its making, and execution, to their own private advantage, and thereby come to have a distinct interest from the rest of the community, contrary to the end of society and government: therefore in wellordered commonwealths, where the good of the whole is so considered, as it ought, the legislative power is put into the hands of divers persons, who duly assembled, have by themselves, or jointly with others, a power to make laws, which when they have done, being separated again, they are themselves subject to the laws they have made; which is a new and near tie upon them, to take care, that they make them for the public good.

而且，因为对于那些拥有制定法律权力的人来说，他们手中也有执行法律的权力，这可能对人性的脆弱性产生太大的诱惑，他们也拥有执行法律的权力，从而他们可以免除对他们制定的法律的服从，并在制定和执行法律时使法律符合他们自己的私人利益，从而与社会和政府的目的相反，与社会的其他人有明显的利益：因此，在良好秩序中在联邦中，当整体的利益被考虑到时，立法权被交到不同的人手中，他们正式聚集在一起，单独或与他人共同拥有制定法律的权力，当他们制定法律时，再次分开，他们自己就受他们所制定的法律的约束；这是对他们的一种新的、密切的联系，要小心，他们为了公众利益而制作它们。

Sect.

教派。

144.

But because the laws, that are at once, and in a short time made, have a constant and lasting force, and need a perpetual execution, or an attendance thereunto; therefore it is necessary there should be a power always in being, which should see to the execution of the laws that are made, and remain in force.

但因为法律是在短时间内制定的，具有恒定和持久的效力，需要永久执行或遵守；因此，有必要有一个始终存在的权力，负责监督已制定并保持有效的法律的执行。

And thus the legislative and executive power come often to be separated.

因此，立法权和行政权常常是分离的。

Sect.

教派。

145.

There is another power in every commonwealth, which one may call natural, because it is that which answers to the power every man naturally had before he entered into society: for though in a commonwealth the members of it are distinct persons still in reference to one another, and as such as governed by the laws of the society; yet in reference to the rest of mankind, they make one body, which is, as every member of it before was, still in the state of nature with the rest of mankind.

每个共同体中都有另一种权力，人们可以称之为自然权力，因为它是每个人在进入社会之前自然拥有的权力的答案：因为尽管在一个共同体中，其成员是相互独立的不同人，并且受到社会法律的管辖；然而，就人类的其他部分而言，他们形成了一个整体，就像以前的每个成员一样，仍然与人类的其他部分处于自然状态。

Hence it is, that the controversies that happen between any man of the society with those that are out of it, are managed by the public; and an injury done to a member of their body, engages the whole in the reparation of it.

因此，社会中的任何人与社会外的人之间发生的争议都是由公众来处理的。身体某个部位受到伤害，就需要整个身体来修复。

So that under this consideration, the whole community is one body in the state of nature, in respect of all other states or persons out of its community.

因此，根据这一考虑，整个共同体在自然状态下是一个整体，相对于共同体之外的所有其他国家或个人而言。

Sect.

教派。

146.

This therefore contains the power of war and peace, leagues and alliances, and all the transactions, with all persons and communities without the commonwealth, and may be called federative, if any one pleases.

因此，它包含了战争与和平、同盟与联盟以及与所有个人和社区（没有联邦）的所有交易的权力，如果有人愿意，可以将其称为联邦。

So the thing be understood, I am indifferent as to the name.

所以事情可以理解，我对这个名字漠不关心。

Sect.

教派。

147.

These two powers, executive and federative, though they be really distinct in themselves, yet one comprehending the execution of the municipal laws of the society within its self, upon all that are parts of it; the other the management of the security and interest of the public without, with all those that it may receive benefit or damage from, yet they are always almost united.

这两种权力，即行政权和联邦权，尽管它们本身确实截然不同，但它们都理解社会内部及其所有组成部分的市政法律的执行；另一个是对公共安全和利益的管理，与所有可能从中受益或损害的公众的安全和利益有关，但它们总是几乎是统一的。

And though this federative power in the well or ill management of it be of great moment to the commonwealth, yet it is much less capable to be directed by antecedent, standing, positive laws, than the executive; and so must necessarily be left to the prudence and wisdom of those, whose hands it is in, to be managed for the public good: for the laws that concern subjects one amongst another, being to direct their actions, may well enough precede them.

尽管这种联邦权力无论管理得好还是不好，对联邦来说都具有重要意义，但它比行政部门更不受先行的、长期存在的、实在的法律的指导。因此，必须由那些掌握着公共利益的人的谨慎和智慧来管理：因为涉及彼此之间的法律，指导他们的行动，很可能先于他们。

But what is to be done in reference to foreigners, depending much upon their actions, and the variation of designs and interests, must be left in great part to the prudence of those, who have this power committed to them, to be managed by the best of their skill, for the advantage of the commonwealth.

但是，对于外国人要做什么，很大程度上取决于他们的行为以及计划和利益的变化，必须在很大程度上留给那些拥有这种权力的人谨慎行事，他们要尽最大的能力来管理，以造福于联邦。

Sect.

教派。

148.

Though, as I said, the executive and federative power of every community be really distinct in themselves, yet they are hardly to be separated, and placed at the same time, in the hands of distinct persons: for both of them requiring the force of the society for their exercise, it is almost impracticable to place the force of the commonwealth in distinct, and not subordinate hands; or that the executive and federative power should be placed in persons, that might act separately, whereby the force of the public would be under different commands: which would be apt some time or other to cause disorder and ruin.

正如我所说，虽然每个共同体的行政权和联邦权本身确实是不同的，但它们很难被分开，并同时置于不同的人手中：因为它们都需要社会的力量来行使，因此将联邦的力量置于不同的而不是从属的手中几乎是不切实际的；或者说，行政权和联邦权应该由可以单独行动的人来承担，从而公众的力量将受到不同的指挥：这可能会在某个时候或其他时候造成混乱和破坏。

CHAPTER.

章。

XIII.

十三．

OF THE SUBORDINATION OF THE POWERS OF THE COMMON-WEALTH.

共同财富权力的从属地位。

Sect.

教派。

149.

THOUGH in a constituted commonwealth, standing upon its own basis, and acting according to its own nature, that is, acting for the preservation of the community, there can be but one supreme power, which is the legislative, to which all the rest are and must be subordinate, yet the legislative being only a fiduciary power to act for certain ends, there remains still in the people a supreme power to remove or alter the legislative, when they find the legislative act contrary to the trust reposed in them: for all power given with trust for the attaining an end, being limited by that end, whenever that end is manifestly neglected, or opposed, the trust must necessarily be forfeited, and the power devolve into the hands of those that gave it, who may place it anew where they shall think best for their safety and security.

尽管在一个已组成的联邦中，立足于其自身基础，并根据其自身性质行事，即为维护共同体而行事，但只能有一个最高权力，即立法权，所有其他权力都必须服从于立法权，但立法权只是为某些目的而采取行动的信托权力，但当人民发现立法行为违背了对他们的信任时，仍然存在取消或改变立法权的最高权力：因为所有信任赋予的权力都是为了达到一个目的，并受到该目的的限制，每当该目的明显被忽视或反对时，信任必然会被丧失，权力就会转移到那些给予它的人手中，他们可以将其重新放置在他们认为最有利于他们的安全和保障的地方。

And thus the community perpetually retains a supreme power of saving themselves from the attempts and designs of any body, even of their legislators, whenever they shall be so foolish, or so wicked, as to lay and carry on designs against the liberties and properties of the subject: for no man or society of men, having a power to deliver up their preservation, or consequently the means of it, to the absolute will and arbitrary dominion of another; when ever any one shall go about to bring them into such a slavish condition, they will always have a right to preserve, what they have not a power to part with; and to rid themselves of those, who invade this fundamental, sacred, and unalterable law of self-preservation, for which they entered into society.

因此，社会永远保留着最高的权力，可以将自己从任何团体，甚至立法者的企图和计划中拯救出来，只要他们愚蠢或邪恶，制定和实施反对主体自由和财产的计划：因为任何人或人类社会都没有权力将他们的保存或因此而将其手段交给另一个人的绝对意志和任意统治；当任何人试图将他们置于如此奴役的境地时，他们总是有权利保护他们无权放弃的东西；并摆脱那些侵犯这一基本的、神圣的、不可改变的自我保护法则的人，他们正是为此进入社会的。

And thus the community may be said in this respect to be always the supreme power, but not as considered under any form of government, because this power of the people can never take place till the government be dissolved.

因此，在这方面，可以说共同体永远是最高权力，但在任何形式的政府下都不是这样，因为人民的这种权力在政府解散之前永远不会发生。

Sect.

教派。

150.

In all cases, whilst the government subsists, the legislative is the supreme power: for what can give laws to another, must needs be superior to him; and since the legislative is no otherwise legislative of the society, but by the right it has to make laws for all the parts, and for every member of the society, prescribing rules to their actions, and giving power of execution, where they are transgressed, the legislative must needs be the supreme, and all other powers, in any members or parts of the society, derived from and subordinate to it.

在所有情况下，当政府存在时，立法机关是最高权力：因为能够向他人制定法律的人必须高于他；既然立法权不是社会的立法权，但它有权为社会的所有部分和每一个成员制定法律，规定他们的行为规则，并在违反规则时赋予执行权，因此立法权必须是最高的，而社会任何成员或部分的所有其他权力都源自立法权并从属于立法权。

Sect.

教派。

151.

In some commonwealths, where the legislative is not always in being, and the executive is vested in a single person, who has also a share in the legislative; there that single person in a very tolerable sense may also be called supreme: not that he has in himself all the supreme power, which is that of law-making; but because he has in him the supreme execution, from whom all inferior magistrates derive all their several subordinate powers, or at least the greatest part of them: having also no legislative superior to him, there being no law to be made without his consent, which cannot be expected should ever subject him to the other part of the legislative, he is properly enough in this sense supreme.

在一些联邦中，立法机构并不总是存在，行政权由一个人行使，他也参与立法；在那里，一个人在一种非常可以容忍的意义上也可以被称为至高无上的：并不是说他自己拥有所有的最高权力，即制定法律的权力；而是说他拥有最高的权力，即制定法律的权力。但因为他拥有最高的执行权，所有下级行政官都从他那里获得所有的从属权力，或者至少是其中的最大部分：也没有比他更高的立法机构，没有他的同意就不能制定任何法律，不能指望他永远服从立法机构的其他部分，因此，在这个意义上，他是适当的至高无上的。

But yet it is to be observed, that tho’ oaths of allegiance and fealty are taken to him, it is not to him as supreme legislator, but as supreme executor of the law, made by a joint power of him with others; allegiance being nothing but an obedience according to law, which when he violates, he has no right to obedience, nor can claim it otherwise than as the public person vested with the power of the law, and so is to be considered as the image, phantom, or representative of the commonwealth, acted by the will of the society, declared in its laws; and thus he has no will, no power, but that of the law.

但值得注意的是，尽管他宣誓效忠和效忠，但他并不是作为最高立法者，而是作为法律的最高执行者，由他与他人共同宣誓；效忠只不过是根据法律的服从，当他违反法律时，他无权服从，也不能以其他方式要求服从，除非作为被赋予法律权力的公众，因此应被视为国家的形象、幻影或代表，按照其法律中所宣布的社会意志行事；因此，除了法律之外，他没有意志，没有权力。

But when he quits this representation, this public will, and acts by his own private will, he degrades himself, and is but a single private person without power, and without will, that has any right to obedience; the members owing no obedience but to the public will of the society.

但是，当他放弃这种代表、这种公共意志，并按照自己的私人意志行事时，他就贬低了自己，他只是一个没有权力、没有意志、没有任何服从权利的个人；成员不服从，而是服从社会的公共意愿。

Sect.

教派。

152.

The executive power, placed any where but in a person that has also a share in the legislative, is visibly subordinate and accountable to it, and may be at pleasure changed and displaced; so that it is not the supreme executive power, that is exempt from subordination, but the supreme executive power vested in one, who having a share in the legislative, has no distinct superior legislative to be subordinate and accountable to, farther than he himself shall join and consent; so that he is no more subordinate than he himself shall think fit, which one may certainly conclude will be but very little.

行政权除了在立法权中占有一席之地之外，无论在什么地方，都明显服从于立法权并对其负责，并且可以随意改变和取代。因此，不是最高行政权可以免除从属地位，而是最高行政权授予一个人，他在立法中占有一席之地，除了他本人加入和同意之外，没有明确的上级立法权可以从属和负责；因此，他的隶属程度不会比他自己认为合适的程度低，人们肯定会得出这样的结论：这种隶属程度只是微乎其微。

Of other ministerial and subordinate powers in a commonwealth, we need not speak, they being so multiplied with infinite variety, in the different customs and constitutions of distinct commonwealths, that it is impossible to give a particular account of them all.

至于联邦中的其他部级权力和从属权力，我们无需多言，因为在不同联邦的不同习俗和宪法中，它们的种类繁多，种类繁多，以至于不可能对它们全部进行具体说明。

Only thus much, which is necessary to our present purpose, we may take notice of concerning them, that they have no manner of authority, any of them, beyond what is by positive grant and commission delegated to them, and are all of them accountable to some other power in the commonwealth.

只有这样，对于我们当前的目的来说是必要的，我们可以注意到他们中的任何一个，除了通过积极授予和委托授予他们的权力之外，他们没有任何其他权力，并且他们所有人都对联邦中的其他权力负责。

Sect.

教派。

153.

It is not necessary, no, nor so much as convenient, that the legislative should be always in being; but absolutely necessary that the executive power should, because there is not always need of new laws to be made, but always need of execution of the laws that are made.

立法机构没有必要、不存在，也不方便。但行政权绝对必要，因为并不总是需要制定新的法律，但总是需要执行已制定的法律。

When the legislative hath put the execution of the laws, they make, into other hands, they have a power still to resume it out of those hands, when they find cause, and to punish for any maladministration against the laws.

当立法者将法律的执行权交给其他人时，他们仍然有权力在找到理由时将法律从这些人手中收回，并对任何违反法律的行政管理不善行为进行惩罚。

The same holds also in regard of the federative power, that and the executive being both ministerial and subordinate to the legislative, which, as has been shewed, in a constituted commonwealth is the supreme.

联邦权力也是如此，行政机关既是部级权力，又服从立法机关，正如已经表明的那样，在一个已组成的联邦中，立法机关是至高无上的。

The legislative also in this case being supposed to consist of several persons, (for if it be a single person, it cannot but be always in being, and so will, as supreme, naturally have the supreme executive power, together with the legislative) may assemble, and exercise their legislature, at the times that either their original constitution, or their own adjournment, appoints, or when they please; if neither of these hath appointed any time, or there be no other way prescribed to convoke them: for the supreme power being placed in them by the people, it is always in them, and they may exercise it when they please, unless by their original constitution they are limited to certain seasons, or by an act of their supreme power they have adjourned to a certain time; and when that time comes, they have a right to assemble and act again.

在这种情况下，立法机关也应该由几个人组成（因为如果它是一个人，那么它就不能不一直存在，因此，作为至高无上的人，自然会与立法机关一起拥有最高行政权）可以在他们的原始宪法或他们自己的休会指定的时间或在他们愿意的时候召集并行使立法权；如果他们都没有指定任何时间，或者没有规定其他方式召集他们：因为最高权力是人民赋予他们的，它总是在他们手中，他们可以在他们愿意的时候行使权力，除非他们最初的宪法将他们限制在某些季节，或者根据他们的最高权力的行为，他们推迟到某个时间；当那个时候到来时，他们有权再次集会并采取行动。

Sect.

教派。

154.

If the legislative, or any part of it, be made up of representatives chosen for that time by the people, which afterwards return into the ordinary state of subjects, and have no share in the legislature but upon a new choice, this power of chusing must also be exercised by the people, either at certain appointed seasons, or else when they are summoned to it; and in this latter case the power of convoking the legislative is ordinarily placed in the executive, and has one of these two limitations in respect of time: that either the original constitution requires their assembling and acting at certain intervals, and then the executive power does nothing but ministerially issue directions for their electing and assembling, according to due forms; or else it is left to his prudence to call them by new elections, when the occasions or exigencies of the public require the amendment of old, or making of new laws, or the redress or prevention of any inconveniencies, that lie on, or threaten the people.

如果立法机构或其任何部分是由人民在当时选出的代表组成的，而这些代表后来又恢复了普通的臣民状态，并且除非经过新的选择，否则在立法机关中没有份额，那么这种选择权也必须由人民行使，要么在某些指定的季节，要么在他们被召集时行使；在后一种情况下，召集立法机关的权力通常由行政机关负责，并且在时间方面有以下两个限制之一：要么原始宪法要求立法机关以一定的时间间隔集会和行事，然后行政机关除了按照适当的形式发布部长选举和集会的指示外什么也不做；否则，当公众的情况或紧急情况需要修改旧法律或制定新法律，或纠正或防止对人民造成或威胁人民的任何不便时，他可以谨慎地举行新的选举。

Sect.

教派。

155.

It may be demanded here, What if the executive power, being possessed of the force of the commonwealth, shall make use of that force to hinder the meeting and acting of the legislative, when the original constitution, or the public exigencies require it?

这里可能会问，如果行政权拥有联邦的力量，在原宪法或公共紧急情况需要时，利用该力量阻碍立法机关的会议和行动怎么办？

I say, using force upon the people without authority, and contrary to the trust put in him that does so, is a state of war with the people, who have a right to reinstate their legislative in the exercise of their power: for having erected a legislative, with an intent they should exercise the power of making laws, either at certain set times, or when there is need of it, when they are hindered by any force from what is so necessary to the society, and wherein the safety and preservation of the people consists, the people have a right to remove it by force.

我说，在未经授权的情况下对人民使用武力，与对他的信任相反，是与人民的战争状态，人民有权在行使其权力时恢复立法：因为在建立立法机构后，他们应该在特定的时间或需要时行使制定法律的权力，当他们受到任何对社会如此必要的力量的阻碍时，其中包括人民的安全和保护，人民有权取消它通过武力。

In all states and conditions, the true remedy of force without authority, is to oppose force to it.

在所有状态和条件下，没有权威的武力的真正补救措施是反对武力。

The use of force without authority, always puts him that uses it into a state of war, as the aggressor, and renders him liable to be treated accordingly.

未经授权而使用武力，总是会将使用武力的人作为侵略者置于战争状态，并使其有可能受到相应的对待。

Sect.

教派。

156.

The power of assembling and dismissing the legislative, placed in the executive, gives not the executive a superiority over it, but is a fiduciary trust placed in him, for the safety of the people, in a case where the uncertainty and variableness of human affairs could not bear a steady fixed rule: for it not being possible, that the first framers of the government should, by any foresight, be so much masters of future events, as to be able to prefix so just periods of return and duration to the assemblies of the legislative, in all times to come, that might exactly answer all the exigencies of the commonwealth; the best remedy could be found for this defect, was to trust this to the prudence of one who was always to be present, and whose business it was to watch over the public good.

行政机关召集和解散立法机关的权力，并不是赋予行政机关高于行政机关的权力，而是在人类事务的不确定性和多变性无法承受稳定的固定规则的情况下，为了人民的安全而对行政机关的信任：因为以任何远见来看，政府的第一批制定者都不可能成为未来事件的主人，以至于能够在立法议会中预先确定如此公正的回归和持续时间。在未来的任何时候，这都可能准确地解决联邦的所有紧急问题；对于这一缺陷，最好的补救办法就是相信一个始终在场的人的谨慎，他的职责是监督公共利益。

Constant frequent meetings of the legislative, and long continuations of their assemblies, without necessary occasion, could not but be burdensome to the people, and must necessarily in time produce more dangerous inconveniencies, and yet the quick turn of affairs might be sometimes such as to need their present help: any delay of their convening might endanger the public; and sometimes too their business might be so great, that the limited time of their sitting might be too short for their work, and rob the public of that benefit which could be had only from their mature deliberation.

立法机关经常性地召开会议，在没有必要的情况下长时间地召开立法会议，这不能不给人民带来负担，而且迟早必然会造成更危险的不便，然而事态的迅速转变有时可能需要他们立即的帮助：他们的任何拖延召开都可能危及公众；有时，他们的事务可能太大，以至于他们有限的开会时间对于他们的工作来说可能太短，从而剥夺了公众只能从他们成熟的审议中获得的利益。

What then could be done in this case to prevent the community from being exposed some time or other to eminent hazard, on one side or the other, by fixed intervals and periods, set to the meeting and acting of the legislative, but to intrust it to the prudence of some, who being present, and acquainted with the state of public affairs, might make use of this prerogative for the public good?

那么，在这种情况下，可以采取什么措施来防止社会在某一方面或另一方在固定的时间间隔和期限内，在规定的立法会议和行动期间，在某时或另一方面临重大危险，而是将其委托给一些在场并熟悉公共事务状况的人来谨慎行事，他们可能会为了公共利益而利用这一特权呢？

and where else could this be so well placed as in his hands, who was intrusted with the execution of the laws for the same end?

为了同样的目的，他被委托执行法律，还有什么地方比他更能做到这一点呢？

Thus supposing the regulation of times for the assembling and sitting of the legislative, not settled by the original constitution, it naturally fell into the hands of the executive, not as an arbitrary power depending on his good pleasure, but with this trust always to have it exercised only for the public weal, as the occurrences of times and change of affairs might require.

因此，假设立法机关集会和开会的时间规定，不是由原始宪法规定的，它自然落入行政部门手中，不是作为一种取决于他的意愿的任意权力，而是根据这种信任，只有在时间的发生和事务的变化可能需要时，才可以为了公共福利而行使它。

Whether settled periods of their convening, or a liberty left to the prince for convoking the legislative, or perhaps a mixture of both, hath the least inconvenience attending it, it is not my business here to inquire, but only to shew, that though the executive power may have the prerogative of convoking and dissolving such conventions of the legislative, yet it is not thereby superior to it.

无论是会议召开的固定期限，还是留给君主召集立法会议的自由，或者两者兼而有之，都会带来最少的不便，我在这里不是要询问，而是要表明，尽管行政权力可能拥有召集和解散立法会议的特权，但它并不因此而高于立法会议。

Sect.

教派。

157.

Things of this world are in so constant a flux, that nothing remains long in the same state.

这个世界上的事物总是处于不断的变化之中，没有什么可以长期保持同一状态。

Thus people, riches, trade, power, change their stations, flourishing mighty cities come to ruin, and prove in times neglected desolate corners, whilst other unfrequented places grow into populous countries, filled with wealth and inhabitants.

因此，人口、财富、贸易、权力改变了它们的地位，繁荣的强大城市走向毁灭，并在某些时候被证明是被忽视的荒凉角落，而其他人迹罕至的地方则发展成为人口稠密的国家，充满了财富和居民。

But things not always changing equally, and private interest often keeping up customs and privileges, when the reasons of them are ceased, it often comes to pass, that in governments, where part of the legislative consists of representatives chosen by the people, that in tract of time this representation becomes very unequal and disproportionate to the reasons it was at first established upon.

但事情并不总是平等地变化，而私人利益常常维持习俗和特权，当它们的理由停止时，经常会发生这样的情况：在政府中，立法机构的一部分由人民选出的代表组成，随着时间的推移，这种代表权变得非常不平等，并且与它最初建立的理由不成比例。

To what gross absurdities the following of custom, when reason has left it, may lead, we may be satisfied, when we see the bare name of a town, of which there remains not so much as the ruins, where scarce so much housing as a sheepcote, or more inhabitants than a shepherd is to be found, sends as many representatives to the grand assembly of law-makers, as a whole county numerous in people, and powerful in riches.

当理性离开时，追随习俗可能会导致什么严重的荒谬，当我们看到一个城镇的光秃秃的名字时，我们可能会感到满意，这个城镇只剩下废墟，那里几乎没有像羊圈一样多的住房，或者比牧羊人还多的居民，派出尽可能多的代表参加立法者大会，作为一个人口众多、财富强大的县。

This strangers stand amazed at, and every one must confess needs a remedy; tho’ most think it hard to find one, because the constitution of the legislative being the original and supreme act of the society, antecedent to all positive laws in it, and depending wholly on the people, no inferior power can alter it.

陌生人对此感到惊讶，每个人都必须承认需要一种补救措施；大多数人认为很难找到一个，因为立法宪法是社会的原始和最高行为，先于社会中的所有成文法，并且完全取决于人民，没有任何低等权力可以改变它。

And therefore the people, when the legislative is once constituted, having, in such a government as we have been speaking of, no power to act as long as the government stands; this inconvenience is thought incapable of a remedy.

因此，当立法机构一旦成立时，在我们所说的政府中，只要政府存在，人民就没有权力采取行动；这种不便被认为是无法补救的。

Sect.

教派。

158.

Salus populi suprema lex, is certainly so just and fundamental a rule, that he, who sincerely follows it, cannot dangerously err.

Salus populi suprema lex 无疑是一条如此公正和基本的规则，真诚地遵守它的人不会犯危险的错误。

If therefore the executive, who has the power of convoking the legislative, observing rather the true proportion, than fashion of representation, regulates, not by old custom, but true reason, the number of members, in all places that have a right to be distinctly represented, which no part of the people however incorporated can pretend to, but in proportion to the assistance which it affords to the public, it cannot be judged to have set up a new legislative, but to have restored the old and true one, and to have rectified the disorders which succession of time had insensibly, as well as inevitably introduced: For it being the interest as well as intention of the people, to have a fair and equal representative; whoever brings it nearest to that, is an undoubted friend to, and establisher of the government, and cannot miss the consent and approbation of the community; prerogative being nothing but a power, in the hands of the prince, to provide for the public good, in such cases, which depending upon unforeseen and uncertain occurrences, certain and unalterable laws could not safely direct; whatsoever shall be done manifestly for the good of the people, and the establishing the government upon its true foundations, is, and always will be, just prerogative, The power of erecting new corporations, and therewith new representatives, carries with it a supposition, that in time the measures of representation might vary, and those places have a just right to be represented which before had none; and by the same reason, those cease to have a right, and be too inconsiderable for such a privilege, which before had it.

因此，如果有权召集立法机关的行政机关，遵守真实的比例，而不是代表的方式，不是按照旧习惯，而是按照真正的理性，在所有有权有明确代表权的地方，规定议员的人数，而无论人民的哪一部分如何组成，都不能假装这样做，而是按照它向公众提供的帮助的比例，就不能说它建立了一个新的立法机关，而是恢复了旧的、真正的立法机关，并纠正了继任者所造成的混乱。时间的流逝在不知不觉中也不可避免地引入了：因为拥有一个公平和平等的代表既符合人民的利益，也符合人民的意愿；谁做到了这一点，谁就毫无疑问是政府的朋友和建立者，并且不能错过社会的同意和认可；特权不过是君主手中的一种权力，为公共利益提供服务，在这种情况下，根据不可预见和不确定的事件，某些不可改变的法律无法安全地指导这种权力；任何明显为了人民利益而做的事情，以及在其真正基础上建立政府，都是而且永远都是正当的特权。建立新公司和新代表的权力带有这样一种假设，即随着时间的推移，代表的程度可能会发生变化，而那些以前没有代表的地方有正当的代表权；出于同样的原因，那些人不再拥有权利，而且对于以前拥有的这种特权来说，它们显得太微不足道了。

’Tis not a change from the present state, which perhaps corruption or decay has introduced, that makes an inroad upon the government, but the tendency of it to injure or oppress the people, and to set up one part or party, with a distinction from, and an unequal subjection of the rest.

侵入政府的并不是现状的变化，这种变化可能是腐败或衰败造成的，而是政府伤害或压迫人民的倾向，以及建立一个与其他部分或政党区别开来并不平等地服从其他部分或政党的倾向。

Whatsoever cannot but be acknowledged to be of advantage to the society, and people in general, upon just and lasting measures, will always, when done, justify itself; and whenever the people shall chuse their representatives upon just and undeniably equal measures, suitable to the original frame of the government, it cannot be doubted to be the will and act of the society, whoever permitted or caused them so to do.

凡是必须被承认对社会和一般人民有利的事情，通过公正和持久的措施，在完成时总是会证明自己是合理的；每当人民以公正的、不可否认的平等的、适合政府原有框架的方式选出他们的代表时，无论是谁允许或促使他们这样做，这无疑是社会的意愿和行为。

CHAPTER.

章。

XIV.

十四。

OF PREROGATIVE.

的特权。

Sect.

教派。

159.

WHERE the legislative and executive power are in distinct hands, (as they are in all moderated monarchies, and well-framed governments) there the good of the society requires, that several things should be left to the discretion of him that has the executive power: for the legislators not being able to foresee, and provide by laws, for all that may be useful to the community, the executor of the laws having the power in his hands, has by the common law of nature a right to make use of it for the good of the society, in many cases, where the municipal law has given no direction, till the legislative can conveniently be assembled to provide for it.

在立法权和行政权分别掌握在不同手中的情况下（正如在所有温和的君主国和结构良好的政府中一样），社会的利益要求，有几件事应该留给拥有行政权的人自行决定：立法者无法预见并通过法律规定所有可能对社会有用的事情，而手中拥有权力的法律执行者根据普通自然法有权为了社会的利益而使用它。在许多情况下，社会中的国内法没有给出任何指示，直到立法机构可以方便地召集起来提供指示。

Many things there are, which the law can by no means provide for; and those must necessarily be left to the discretion of him that has the executive power in his hands, to be ordered by him as the public good and advantage shall require: nay, it is fit that the laws themselves should in some cases give way to the executive power, or rather to this fundamental law of nature and government, viz.

很多事情是法律根本无法规定的；这些必须由拥有行政权的人自行决定，并根据公共利益和利益的要求由他下令：不仅如此，在某些情况下，法律本身应该让位于行政权，或者更确切地说，让位于自然和政府的基本法，即法律本身。

That as much as may be, all the members of the society are to be preserved: for since many accidents may happen, wherein a strict and rigid observation of the laws may do harm; (as not to pull down an innocent man’s house to stop the fire, when the next to it is burning) and a man may come sometimes within the reach of the law, which makes no distinction of persons, by an action that may deserve reward and pardon; ’tis fit the ruler should have a power, in many cases, to mitigate the severity of the law, and pardon some offenders: for the end of government being the preservation of all, as much as may be, even the guilty are to be spared, where it can prove no prejudice to the innocent.

尽可能保护社会的所有成员：因为可能会发生许多事故，其中严格遵守法律可能会造成伤害；（当旁边的房子着火时，不要拆毁一个无辜者的房子来扑灭大火），一个人有时可能会因为某种值得奖励和赦免的行为而受到法律的制裁，法律不分个人；在许多情况下，统治者应该有权力减轻法律的严厉性，并赦免一些罪犯：因为政府的目的是尽可能保护所有人，即使是有罪的人也能得到赦免，只要不能证明对无辜者有任何偏见。

Sect.

教派。

160.

This power to act according to discretion, for the public good, without the prescription of the law, and sometimes even against it, is that which is called prerogative: for since in some governments the lawmaking power is not always in being, and is usually too numerous, and so too slow, for the dispatch requisite to execution; and because also it is impossible to foresee, and so by laws to provide for, all accidents and necessities that may concern the public, or to make such laws as will do no harm, if they are executed with an inflexible rigour, on all occasions, and upon all persons that may come in their way; therefore there is a latitude left to the executive power, to do many things of choice which the laws do not prescribe.

这种为了公共利益而在没有法律规定的情况下，有时甚至违反法律，根据自由裁量权采取行动的权力，被称为特权：因为在一些政府中，立法权并不总是存在，而且通常数量太多，而且速度太慢，无法满足执行所需的速度;还因为不可能预见并通过法律规定可能涉及公众的所有事故和必需品，或者制定这样的法律，如果在任何情况下对所有可能妨碍其的人以不灵活的严格执行，则不会造成伤害；因此，行政权力有自由度，可以选择做许多法律没有规定的事情。

Sect.

教派。

161.

This power, whilst employed for the benefit of the community, and suitably to the trust and ends of the government, is undoubted prerogative, and never is questioned: for the people are very seldom or never scrupulous or nice in the point; they are far from examining prerogative, whilst it is in any tolerable degree employed for the use it was meant, that is, for the good of the people, and not manifestly against it: but if there comes to be a question between the executive power and the people, about a thing claimed as a prerogative; the tendency of the exercise of such prerogative to the good or hurt of the people, will easily decide that question.

这种权力虽然是为了社会的利益而使用的，并且符合政府的信任和目的，但毫无疑问是特权，并且从未受到质疑：因为人民很少或从不在这一点上一丝不苟或友善；他们远没有审查特权，尽管它在任何可容忍的程度上被用于其本来的用途，即为了人民的利益，而不是明显反对它：但是如果行政权力和人民之间就一项声称为特权的事情出现问题；行使这种特权对人民有利还是有害的倾向，将很容易决定这个问题。

Sect.

教派。

162.

It is easy to conceive, that in the infancy of governments, when commonwealths differed little from families in number of people, they differed from them too but little in number of laws: and the governors, being as the fathers of them, watching over them for their good, the government was almost all prerogative.

很容易想象，在政府的萌芽时期，当联邦与家庭的人口数量相差不大时，它们与家庭的差异也很小，但法律的数量也相差不大：而总督，作为国家的父亲，为了他们的利益而监督他们，政府几乎拥有所有特权。

A few established laws served the turn, and the discretion and care of the ruler supplied the rest.

一些既定的法律服务于这一轮，而统治者的自由裁量权和关怀则提供了其余的内容。

But when mistake or flattery prevailed with weak princes to make use of this power for private ends of their own, and not for the public good, the people were fain by express laws to get prerogative determined in those points wherein they found disadvantage from it: and thus declared limitations of prerogative were by the people found necessary in cases which they and their ancestors had left, in the utmost latitude, to the wisdom of those princes who made no other but a right use of it, that is, for the good of their people.

但是，当软弱的君主们普遍错误或谄媚地利用这种权力来谋取私利而不是公共利益时，人民就热衷于通过明文法律来确定他们认为对他们不利的那些方面的特权：因此，人民发现对特权的限制是必要的，因为他们和他们的祖先在最大的范围内把这种权力留给了那些除了正确使用权力之外别无选择的君主的智慧，即为了人民的利益。

Sect.

教派。

163.

And therefore they have a very wrong notion of government, who say, that the people have encroached upon the prerogative, when they have got any part of it to be defined by positive laws: for in so doing they have not pulled from the prince any thing that of right belonged to him, but only declared, that that power which they indefinitely left in his or his ancestors hands, to be exercised for their good, was not a thing which they intended him when he used it otherwise: for the end of government being the good of the community, whatsoever alterations are made in it, tending to that end, cannot be an encroachment upon any body, since no body in government can have a right tending to any other end: and those only are encroachments which prejudice or hinder the public good.

因此，他们对政府有一种非常错误的观念，他们说，当人民获得了由成文法规定的特权的任何一部分时，他们就侵犯了特权：因为这样做时，他们并没有从君主那里夺取任何属于他的权利，而只是宣称，他们无限期地留在他或他的祖先手中，为他们的利益而行使的权力，并不是他们在他以其他方式使用它时所希望的东西：因为政府的目的是社会的利益，无论为实现这一目的而做出何种改变，都不能侵犯任何机构，因为政府中的任何机构都无权实现任何其他目的：只有这些才是损害或阻碍公共利益的侵犯。

Those who say otherwise, speak as if the prince had a distinct and separate interest from the good of the community, and was not made for it; the root and source from which spring almost all those evils and disorders which happen in kingly governments.

那些持相反观点的人，他们的言论就好像王子与社会的利益有着独特的、独立的利益，而且并不是为此而生的。国王政府中几乎所有罪恶和混乱的根源。

And indeed, if that be so, the people under his government are not a society of rational creatures, entered into a community for their mutual good; they are not such as have set rulers over themselves, to guard, and promote that good; but are to be looked on as an herd of inferior creatures under the dominion of a master, who keeps them and works them for his own pleasure or profit.

事实上，如果真是这样，那么他政府统治下的人民就不是一个理性生物的社会，不是为了共同利益而进入一个共同体的；而是一个由理性生物组成的社会。他们不是那种为自己设立统治者来保护和促进善行的人。但他们却被视为主人统治下的一群低等生物，主人为了自己的快乐或利益而饲养它们并使用它们。

If men were so void of reason, and brutish, as to enter into society upon such terms, prerogative might indeed be, what some men would have it, an arbitrary power to do things hurtful to the people.

如果人们如此缺乏理性和野蛮，以至于以这样的条件进入社会，那么特权确实可能是一些人所拥有的，一种专制的权力，可以做伤害人民的事情。

Sect.

教派。

164.

But since a rational creature cannot be supposed, when free, to put himself into subjection to another, for his own harm; (though, where he finds a good and wise ruler, he may not perhaps think it either necessary or useful to set precise bounds to his power in all things) prerogative can be nothing but the people’s permitting their rulers to do several things, of their own free choice, where the law was silent, and sometimes too against the direct letter of the law, for the public good; and their acquiescing in it when so done: for as a good prince, who is mindful of the trust put into his hands, and careful of the good of his people, cannot have too much prerogative, that is, power to do good; so a weak and ill prince, who would claim that power which his predecessors exercised without the direction of the law, as a prerogative belonging to him by right of his office, which he may exercise at his pleasure, to make or promote an interest distinct from that of the public, gives the people an occasion to claim their right, and limit that power, which, whilst it was exercised for their good, they were content should be tacitly allowed.

但是，既然一个理性的生物在自由时就不能为了自己的利益而屈服于另一个人；（尽管，如果他找到了一位善良而明智的统治者，他也许认为没有必要或没有必要在所有事情上对他的权力设定精确的界限）特权只能是人民允许他们的统治者根据自己的自由选择做一些事情，而法律没有规定，有时甚至违反法律的直接条文，为了公共利益；这样做时，他们也默许了：因为作为一个好君主，他牢记手中的信任，并关心他的人民的利益，他不可能拥有太多的特权，即行善的权力；因此，一个软弱而邪恶的君主声称他的前任在没有法律指导的情况下行使的权力是他凭借职务而享有的特权，他可以随意行使这种特权，以创造或促进不同于公众利益的利益，这给人民提供了主张他们的权利的机会，并限制了这种权力，尽管这种权力是为了人民的利益而行使的，但他们心甘情愿地允许这种权力。

Sect.

教派。

165.

And therefore he that will look into the history of England, will find, that prerogative was always largest in the hands of our wisest and best princes; because the people, observing the whole tendency of their actions to be the public good, contested not what was done without law to that end: or, if any human frailty or mistake (for princes are but men, made as others) appeared in some small declinations from that end; yet ’twas visible, the main of their conduct tended to nothing but the care of the public.

因此，凡是研究英国历史的人都会发现，最大的特权始终掌握在我们最明智、最优秀的王子手中。因为人民观察到他们的行为总体上是为了公共利益，因此不会对为此目的而在没有法律的情况下所做的事情提出异议：或者，如果任何人性的弱点或错误（因为君主也是人，与其他人一样）出现在与此目的相关的一些小偏差中；但显而易见的是，他们的行为主要是为了公众的关心。

The people therefore, finding reason to be satisfied with these princes, whenever they acted without, or contrary to the letter of the law, acquiesced in what they did, and, without the least complaint, let them inlarge their prerogative as they pleased, judging rightly, that they did nothing herein to the prejudice of their laws, since they acted conformable to the foundation and end of all laws, the public good.

因此，人民有理由对这些君主感到满意，只要他们的行为没有法律条文，或违反法律条文，就默许他们的所作所为，毫无怨言，让他们随心所欲地扩大自己的特权，并正确地判断，他们的行为没有损害他们的法律，因为他们的行为符合所有法律的基础和目的，即公共利益。

Sect.

教派。

166.

Such god-like princes indeed had some title to arbitrary power by that argument, that would prove absolute monarchy the best government, as that which God himself governs the universe by; because such kings partake of his wisdom and goodness.

根据这一论点，这些神一般的王子确实拥有某种专断权力的权利，这将证明绝对君主制是最好的政府，就像上帝本人统治宇宙的政府一样。因为这样的国王分享了他的智慧和善良。

Upon this is founded that saying, That the reigns of good princes have been always most dangerous to the liberties of their people: for when their successors, managing the government with different thoughts, would draw the actions of those good rulers into precedent, and make them the standard of their prerogative, as if what had been done only for the good of the people was a right in them to do, for the harm of the people, if they so pleased; it has often occasioned contest, and sometimes public disorders, before the people could recover their original right, and get that to be declared not to be prerogative, which truly was never so; since it is impossible that any body in the society should ever have a right to do the people harm; though it be very possible, and reasonable, that the people should not go about to set any bounds to the prerogative of those kings, or rulers, who themselves transgressed not the bounds of the public good: for prerogative is nothing but the power of doing public good without a rule.

基于此，有句话说：“好君主的统治对于人民的自由总是最危险的：因为当他们的继任者以不同的思想管理政府时，他们会把那些好统治者的行为作为先例，并把它们作为他们特权的标准，仿佛只为人民谋福利而做的事情是他们的权利，如果他们愿意的话，也可以为了人民的利益而做；”在人民能够恢复其原有权利并宣布其不再是特权之前，它经常引起争议，有时甚至引起公共骚乱，而事实并非如此；因为社会中的任何团体都不可能有权利伤害人民；尽管很可能而且合理的是，人民不应该对那些国王或统治者的特权设置任何限制，因为他们本身没有超越公共利益的界限：因为特权只不过是在没有规则的情况下从事公共利益的权力。

Sect.

教派。

167.

The power of calling parliaments in England, as to precise time, place, and duration, is certainly a prerogative of the king, but still with this trust, that it shall be made use of for the good of the nation, as the exigencies of the times, and variety of occasions, shall require: for it being impossible to foresee which should always be the fittest place for them to assemble in, and what the best season; the choice of these was left with the executive power, as might be most subservient to the public good, and best suit the ends of parliaments.

在英格兰，召集议会的权力，关于确切的时间、地点和持续时间，当然是国王的特权，但仍然有这样的信任，即根据时代的紧急情况和各种场合的需要，为了国家的利益而使用这一权力：因为不可能预见到哪个地方总是最适合他们集会，以及什么是最好的季节；这些选择留给行政权力，因为这可能最有利于公共利益，并且最适合议会的目的。

Sect.

教派。

168.

The old question will be asked in this matter of prerogative, But who shall be judge when this power is made a right use of one answer: between an executive power in being, with such a prerogative, and a legislative that depends upon his will for their convening, there can be no judge on earth; as there can be none between the legislative and the people, should either the executive, or the legislative, when they have got the power in their hands, design, or go about to enslave or destroy them.

在这个特权问题上，人们会提出一个老问题，但是，当这一权力被正确使用时，谁来担任法官呢？有一个答案：在拥有这种特权的行政权力和依靠其意志召集会议的立法权力之间，世界上不可能有法官；在这种情况下，谁将成为法官？因为立法机关和人民之间不可能有任何关系，行政机关或立法机关在掌握权力时，不应该设计或奴役或摧毁他们。

The people have no other remedy in this, as in all other cases where they have no judge on earth, but to appeal to heaven: for the rulers, in such attempts, exercising a power the people never put into their hands, (who can never be supposed to consent that any body should rule over them for their harm) do that which they have not a right to do.

在这种情况下，人民没有其他补救办法，就像在地球上没有法官的所有其他情况下一样，只能向天堂上诉：因为统治者在这种尝试中，行使人民从未交到他们手中的权力（他们永远不能被认为同意任何人因伤害他们而统治他们）做他们无权做的事情。

And where the body of the people, or any single man, is deprived of their right, or is under the exercise of a power without right, and have no appeal on earth, then they have a liberty to appeal to heaven, whenever they judge the cause of sufficient moment.

如果人民团体或任何个人被剥夺了权利，或在无权行使权力的情况下，并且在地球上没有上诉权，那么只要他们判断时机足够，他们就可以自由地向天堂上诉。

And therefore, though the people cannot be judge, so as to have, by the constitution of that society, any superior power, to determine and give effective sentence in the case; yet they have, by a law antecedent and paramount to all positive laws of men, reserved that ultimate determination to themselves which belongs to all mankind, where there lies no appeal on earth, viz.

因此，尽管人民不能成为法官，从而根据该社会的宪法拥有任何最高权力来对案件做出决定和作出有效的判决；然而，他们通过一项先于且高于人类所有成文法的法律，将属于全人类的最终决定保留给他们自己，在地球上没有任何吸引力，即。

to judge, whether they have just cause to make their appeal to heaven.

判断他们是否有正当理由向上天上诉。

And this judgment they cannot part with, it being out of a man’s power so to submit himself to another, as to give him a liberty to destroy him; God and nature never allowing a man so to abandon himself, as to neglect his own preservation: and since he cannot take away his own life, neither can he give another power to take it.

他们无法放弃这种审判，因为一个人没有能力屈服于另一个人，以至于给了他摧毁他的自由；上帝和自然决不允许一个人如此放弃自己，以至于忽视自己的保存：既然他不能夺走自己的生命，他也不能给予另一种力量来夺走它。

Nor let any one think, this lays a perpetual foundation for disorder; for this operates not, till the inconveniency is so great, that the majority feel it, and are weary of it, and find a necessity to have it amended.

任何人都不要认为，这为混乱奠定了永久的基础；因为，只有当不便严重到大多数人都感觉到它、厌倦它并发现有必要对其进行修改时，它才会起作用。

But this the executive power, or wise princes, never need come in the danger of: and it is the thing, of all others, they have most need to avoid, as of all others the most perilous.

但这是行政权力或明智的君主永远不需要面临的危险：这是他们最需要避免的事情，也是所有其他事情中最危险的事情。

CHAPTER.

章。

XV.

十五。

OF PATERNAL, POLITICAL, AND DESPOTICAL POWER, CONSIDERED TOGETHER.

父权、政治权力和专制权力的综合考虑。

Sect.

教派。

169.

THOUGH I have had occasion to speak of these separately before, yet the great mistakes of late about government, having, as I suppose, arisen from confounding these distinct powers one with another, it may not, perhaps, be amiss to consider them here together.

尽管我以前曾有机会分别谈论过这些权力，但最近关于政府的重大错误，正如我所认为的，是由于将这些不同的权力相互混淆而产生的，因此在这里将它们放在一起考虑可能并没有什么错。

Sect.

教派。

170.

First, then, Paternal or parental power is nothing but that which parents have over their children, to govern them for the children’s good, till they come to the use of reason, or a state of knowledge, wherein they may be supposed capable to understand that rule, whether it be the law of nature, or the municipal law of their country, they are to govern themselves by: capable, I say, to know it, as well as several others, who live as freemen under that law.

首先，父权或父母权只不过是父母对子女拥有的权力，为了子女的利益而管理他们，直到他们能够运用理性或知识状态，在这种状态下，他们可能被认为有能力理解这一规则，无论是自然法，还是他们国家的国内法，他们将通过以下方式来管理自己：我说，他们有能力知道这一点，以及其他一些在该法律下作为自由人生活的人。

The affection and tenderness which God hath planted in the breast of parents towards their children, makes it evident, that this is not intended to be a severe arbitrary government, but only for the help, instruction, and preservation of their offspring.

上帝在父母心中种下的对子女的感情和温柔，清楚地表明，这并不是一个严厉的专制政府，而只是为了帮助、指导和保护他们的后代。

But happen it as it will, there is, as I have proved, no reason why it should be thought to extend to life and death, at any time, over their children, more than over any body else; neither can there be any pretence why this parental power should keep the child, when grown to a man, in subjection to the will of his parents, any farther than having received life and education from his parents, obliges him to respect, honour, gratitude, assistance and support, all his life, to both father and mother.

但无论如何，正如我已经证明的那样，没有理由认为它会在任何时候延伸到生死，对他们的孩子，比对其他任何人都更重要；也没有任何借口可以解释为什么这种父母的权力应该使孩子长大后服从父母的意愿，除了从父母那里接受生活和教育之外，还要求他一生尊重、尊敬、感激、帮助和支持父亲和母亲。

And thus, ’tis true, the paternal is a natural government, but not at all extending itself to the ends and jurisdictions of that which is political.

因此，确实，父权政府是一个自然政府，但它根本没有将其自身延伸到政治的目的和管辖范围。

The power of the father doth not reach at all to the property of the child, which is only in his own disposing.

父亲的权力根本不涉及孩子的财产，孩子的财产只能由他自己支配。

Sect.

教派。

171.

Secondly, Political power is that power, which every man having in the state of nature, has given up into the hands of the society, and therein to the governors, whom the society hath set over itself, with this express or tacit trust, that it shall be employed for their good, and the preservation of their property: now this power, which every man has in the state of nature, and which he parts with to the society in all such cases where the society can secure him, is to use such means, for the preserving of his own property, as he thinks good, and nature allows him; and to punish the breach of the law of nature in others, so as (according to the best of his reason) may most conduce to the preservation of himself, and the rest of mankind.

其次，政治权力是每个人在自然状态下所拥有的权力，已交到社会手中，并在社会中交给社会的统治者，社会以这种明示或默示的信任将其运用于他们的利益和保护他们的财产：现在，每个人在自然状态下拥有的这种权力，在社会可以保护他的所有情况下，他将这种权力交给社会，是使用这样的手段来保护他自己的财产，他想善，自然也允许他；并惩罚他人违反自然法的行为，以便（根据他的最佳理性）最有助于保护他自己和其他人类。

So that the end and measure of this power, when in every man’s hands in the state of nature, being the preservation of all of his society, that is, all mankind in general, it can have no other end or measure, when in the hands of the magistrate, but to preserve the members of that society in their lives, liberties, and possessions; and so cannot be an absolute, arbitrary power over their lives and fortunes, which are as much as possible to be preserved; but a power to make laws, and annex such penalties to them, as may tend to the preservation of the whole, by cutting off those parts, and those only, which are so corrupt, that they threaten the sound and healthy, without which no severity is lawful.

因此，当这种权力在自然状态下掌握在每个人手中时，其目的和尺度是保护整个社会，即整个人类，而当它掌握在行政长官手中时，它就没有其他目的或尺度，除了保护该社会成员的生命、自由和财产；因此，不能对他们的生命和财产拥有绝对的、任意的权力，因为这些权利是尽可能得到保护的；但有权制定法律，并附加可能有助于保护整体的惩罚措施，通过切断那些腐败到威胁健全和健康的部分，并且只切断那些部分，没有这些部分，任何严厉都是合法的。

And this power has its original only from compact and agreement, and the mutual consent of those who make up the community.

而这种权力只有来自契约和协议，以及组成社区的人的相互同意才具有其原始性。

Sect.

教派。

172.

Thirdly, Despotical power is an absolute, arbitrary power one man has over another, to take away his life, whenever he pleases.

第三，专制权力是一个人对另一个人拥有的绝对的、任意的权力，可以随时夺走他的生命。

This is a power, which neither nature gives, for it has made no such distinction between one man and another; nor compact can convey: for man not having such an arbitrary power over his own life, cannot give another man such a power over it; but it is the effect only of forfeiture, which the aggressor makes of his own life, when he puts himself into the state of war with another: for having quitted reason, which God hath given to be the rule betwixt man and man, and the common bond whereby human kind is united into one fellowship and society; and having renounced the way of peace which that teaches, and made use of the force of war, to compass his unjust ends upon another, where he has no right; and so revolting from his own kind to that of beasts, by making force, which is their’s, to be his rule of right, he renders himself liable to be destroyed by the injured person, and the rest of mankind, that will join with him in the execution of justice, as any other wild beast, or noxious brute, with whom mankind can have neither society nor security*.

这是一种并非自然赋予的力量，因为它并没有在人与人之间做出这样的区分。任何契约都无法表达：因为人对自己的生活没有如此专断的权力，因此不能给予另一个人这样的权力。但这只是侵略者在与他人交战时剥夺自己生命的结果：因为他放弃了理性，而上帝赋予理性作为人与人之间的规则，以及人类赖以团结成一个团契和社会的共同纽带；他放弃了所教导的和平之路，并利用战争的力量，将自己的不公正目的强加于他人，而这是他无权的；因此，他背叛了自己的同类，而反抗了野兽，通过以它们的武力作为自己的权利规则，他使自己很容易被受伤的人和其他与他一起执行正义的人类所毁灭，就像任何其他野兽或有毒的野兽一样，人类与它们既没有社会关系也没有安全*。

And thus captives, taken in a just and lawful war, and such only, are subject to a despotical power, which, as it arises not from compact, so neither is it capable of any, but is the state of war continued: for what compact can be made with a man that is not master of his own life?

因此，在正义合法的战争中俘虏的俘虏，仅受制于一种专制权力，这种权力不是从契约中产生的，所以它也没有能力做任何事情，但战争状态仍在继续：因为一个不能主宰自己生活的人能签订什么契约呢？

what condition can he perform?

他能达到什么条件呢？

and if he be once allowed to be master of his own life, the despotical, arbitrary power of his master ceases.

一旦他被允许成为自己生活的主人，他主人的专制、专断权力就会消失。

He that is master of himself, and his own life, has a right too to the means of preserving it; so that as soon as compact enters, slavery ceases, and he so far quits his absolute power, and puts an end to the state of war, who enters into conditions with his captive.

一个掌控自己和自己生命的人，也有权拥有保护生命的手段。因此，一旦契约进入，奴隶制就停止了，他迄今为止放弃了他的绝对权力，并结束了战争状态，他与俘虏进入了条件。

(*Another copy corrected by Mr. Locke, has it thus, Noxious brute that is destructive to their being.)

（*洛克先生更正的另一份副本是这样的，有毒的畜生，对他们的存在具有破坏性。）

Sect.

教派。

173.

Nature gives the first of these, viz.

大自然给出了第一个，即。

paternal power to parents for the benefit of their children during their minority, to supply their want of ability, and understanding how to manage their property.

父权赋予父母，是为了子女未成年时的利益，满足他们的能力需求，并了解如何管理他们的财产。

(By property I must be understood here, as in other places, to mean that property which men have in their persons as well as goods.) Voluntary agreement gives the second, viz.

（与在其他地方一样，我在这里必须将财产理解为人们拥有的人身和财产的财产。）自愿协议给出了第二个，即。

political power to governors for the benefit of their subjects, to secure them in the possession and use of their properties.

统治者为了臣民的利益而拥有政治权力，以确保他们拥有和使用自己的财产。

And forfeiture gives the third despotical power to lords for their own benefit, over those who are stripped of all property.

没收赋予了领主为了自己的利益而凌驾于那些被剥夺所有财产的人之上的第三种专制权力。

Sect.

教派。

174.

He, that shall consider the distinct rise and extent, and the different ends of these several powers, will plainly see, that paternal power comes as far short of that of the magistrate, as despotical exceeds it; and that absolute dominion, however placed, is so far from being one kind of civil society, that it is as inconsistent with it, as slavery is with property.

凡是考虑到这几种权力的不同兴起和范围以及不同目的的人，就会清楚地看到，父权远远不及治安官的权力，而专制权力却超过了治安官的权力。而这种绝对统治，无论放在什么位置，都远远不是一种公民社会，它与公民社会的不一致，就像奴隶制与财产制的不一致一样。

Paternal power is only where minority makes the child incapable to manage his property; political, where men have property in their own disposal; and despotical, over such as have no property at all.

父权仅在少数使孩子无法管理其财产的情况下出现；政治上，人们拥有自己可以支配的财产；专制，专制于那些根本没有财产的人。

CHAPTER.

章。

XVI.

十六．

OF CONQUEST.

征服。

Sect.

教派。

175.

THOUGH governments can originally have no other rise than that before mentioned, nor polities be founded on any thing but the consent of the people; yet such have been the disorders ambition has filled the world with, that in the noise of war, which makes so great a part of the history of mankind, this consent is little taken notice of: and therefore many have mistaken the force of arms for the consent of the people, and reckon conquest as one of the originals of government.

尽管除了前面提到的之外，政府最初不可能有其他的崛起，而且政体也只能建立在人民同意的基础上；然而，野心给世界带来的混乱正是如此，在人类历史中占据如此重要部分的战争喧嚣中，这种同意很少被注意到：因此，许多人将武力误认为是人民的同意，并认为征服是政府的起源之一。

But conquest is as far from setting up any government, as demolishing an house is from building a new one in the place.

但征服与建立任何政府相差甚远，就像拆除房屋与在该地建造新房子相差甚远一样。

Indeed, it often makes way for a new frame of a commonwealth, by destroying the former; but, without the consent of the people, can never erect a new one.

事实上，它常常通过摧毁旧的框架来为新的联邦框架让路。但是，未经人民同意，决不能建造新的。

Sect.

教派。

176.

That the aggressor, who puts himself into the state of war with another, and unjustly invades another man’s right, can, by such an unjust war, never come to have a right over the conquered, will be easily agreed by all men, who will not think, that robbers and pyrates have a right of empire over whomsoever they have force enough to master; or that men are bound by promises, which unlawful force extorts from them.

侵略者与他人处于战争状态，不公正地侵犯他人的权利，通过这种不公正的战争，永远无法对被征服者拥有权利，这一点很容易得到所有人的同意，他们不会认为，强盗和海盗对他们有足够力量控制的任何人都拥有帝国权；或者人们受到许诺的约束，而非法武力却从他们身上勒索这些许诺。

Should a robber break into my house, and with a dagger at my throat make me seal deeds to convey my estate to him, would this give him any title?

如果一个强盗闯入我的房子，并用匕首架在我的喉咙上，让我盖章将我的财产转让给他，这会给他任何所有权吗？

Just such a title, by his sword, has an unjust conqueror, who forces me into submission.

就这样一个头衔，被他的剑，有一个不公正的征服者，迫使我屈服。

The injury and the crime is equal, whether committed by the wearer of a crown, or some petty villain.

无论是王冠佩戴者还是小恶棍所犯，伤害和犯罪都是平等的。

The title of the offender, and the number of his followers, make no difference in the offence, unless it be to aggravate it.

罪犯的头衔及其追随者的数量对于犯罪行为没有任何影响，除非是加重犯罪行为。

The only difference is, great robbers punish little ones, to keep them in their obedience; but the great ones are rewarded with laurels and triumphs, because they are too big for the weak hands of justice in this world, and have the power in their own possession, which should punish offenders.

唯一不同的是，大盗惩罚小盗，让他们乖乖听话；但伟大的人会获得荣誉和胜利，因为他们对于这个世界上软弱的正义之手来说太大了，并且拥有自己所拥有的权力，应该惩罚违法者。

What is my remedy against a robber, that so broke into my house?

对于闯入我家的强盗，我该如何补救？

Appeal to the law for justice.

诉诸法律伸张正义。

But perhaps justice is denied, or I am crippled and cannot stir, robbed and have not the means to do it.

但也许正义被剥夺了，或者我是残废的，无法动弹，被抢劫了却没有办法去做。

If God has taken away all means of seeking remedy, there is nothing left but patience.

如果上帝拿走了所有寻求补救的方法，那么除了耐心之外就别无他法了。

But my son, when able, may seek the relief of the law, which I am denied: he or his son may renew his appeal, till he recover his right.

但我的儿子，在可能的情况下，可以寻求法律的救济，而我却被拒绝：他或他的儿子可以重新上诉，直到他恢复自己的权利。

But the conquered, or their children, have no court, no arbitrator on earth to appeal to.

但被征服者或他们的孩子在地球上没有法庭，也没有仲裁员可以上诉。

Then they may appeal, as Jephtha did, to heaven, and repeat their appeal till they have recovered the native right of their ancestors, which was, to have such a legislative over them, as the majority should approve, and freely acquiesce in.

然后他们可以像耶弗他那样向天上诉，并重复他们的上诉，直到他们恢复祖先的固有权利，即拥有一个立法机构来管辖他们，正如大多数人应该批准和自由默许的那样。

If it be objected, This would cause endless trouble; I answer, no more than justice does, where she lies open to all that appeal to her.

如果有人反对，这会带来无穷无尽的麻烦；我的回答，就像正义的回答一样，她对所有吸引她的东西都敞开心扉。

He that troubles his neighbour without a cause, is punished for it by the justice of the court he appeals to: and he that appeals to heaven must be sure he has right on his side; and a right too that is worth the trouble and cost of the appeal, as he will answer at a tribunal that cannot be deceived, and will be sure to retribute to every one according to the mischiefs he hath created to his fellow subjects; that is, any part of mankind: from whence it is plain, that he that conquers in an unjust war can thereby have no title to the subjection and obedience of the conquered.

无缘无故地骚扰邻居的人，将受到他所上诉的法庭的公正惩罚：而上诉上天的人必须确保他有权利站在他一边；而且这项权利也值得花费精力和费用进行上诉，因为他将在一个不会被欺骗的法庭上作出答复，并且一定会根据他对同胞臣民造成的危害来报复每个人；也就是说，人类的任何部分：由此可见，在不正义的战争中取得胜利的人无权让被征服者屈服和服从。

Sect.

教派。

177.

But supposing victory favours the right side, let us consider a conqueror in a lawful war, and see what power he gets, and over whom.

但是，假设胜利有利于正确的一方，让我们考虑一下合法战争中的征服者，看看他获得了什么权力，以及对谁的控制。

First, It is plain he gets no power by his conquest over those that conquered with him.

首先，很明显，他并没有通过征服那些与他一起征服的人而获得力量。

They that fought on his side cannot suffer by the conquest, but must at least be as much freemen as they were before.

与他并肩作战的人不会因征服而受苦，但至少必须像以前一样成为自由民。

And most commonly they serve upon terms, and on condition to share with their leader, and enjoy a part of the spoil, and other advantages that attend the conquering sword; or at least have a part of the subdued country bestowed upon them.

最常见的是，他们服役是有条件的，条件是与他们的领袖分享，并享受一部分战利品，以及伴随征服之剑而来的其他优势；或者至少将被征服的国家的一部分赐给他们。

And the conquering people are not, I hope, to be slaves by conquest, and wear their laurels only to shew they are sacrifices to their leaders triumph.

我希望，征服者不会因征服而成为奴隶，戴上桂冠只是为了表明他们是为领导人的胜利而做出的牺牲。

They that found absolute monarchy upon the title of the sword, make their heroes, who are the founders of such monarchies, arrant Draw-can-sirs, and forget they had any officers and soldiers that fought on their side in the battles they won, or assisted them in the subduing, or shared in possessing, the countries they mastered.

他们以剑的称号建立了绝对君主制，把他们的英雄，即这种君主制的创始人，当作了真正的绘图先生，却忘记了他们有任何军官和士兵在他们赢得的战斗中与他们并肩作战，或者帮助他们征服，或者分享占有他们所统治的国家。

We are told by some, that the English monarchy is founded in the Norman conquest, and that our princes have thereby a title to absolute dominion: which if it were true, (as by the history it appears otherwise) and that William had a right to make war on this island; yet his dominion by conquest could reach no farther than to the Saxons and Britons, that were then inhabitants of this country.

有人告诉我们，英国君主制是在诺曼征服中建立的，因此我们的王子拥有绝对统治权：如果这是真的（根据历史看来并非如此），并且威廉有权在这个岛上发动战争；然而，他的征服统治范围最多只到达了当时居住在这个国家的撒克逊人和不列颠人。

The Normans that came with him, and helped to conquer, and all descended from them, are freemen, and no subjects by conquest; let that give what dominion it will.

与他一起前来并帮助征服的诺曼人，以及他们的所有后裔，都是自由人，不是征服的臣民。让它发挥它的统治作用吧。

And if I, or any body else, shall claim freedom, as derived from them, it will be very hard to prove the contrary: and it is plain, the law, that has made no distinction between the one and the other, intends not there should be any difference in their freedom or privileges.

如果我或任何其他人声称源自他们的自由，那么将很难证明相反的自由：很明显，法律在两者之间没有做出区分，因此不希望他们的自由或特权有任何差异。

Sect.

教派。

178.

But supposing, which seldom happens, that the conquerors and conquered never incorporate into one people, under the same laws and freedom; let us see next what power a lawful conqueror has over the subdued: and that I say is purely despotical.

但是，假设——这种情况很少发生——征服者和被征服者永远不会在同样的法律和自由下合并为一个民族；接下来让我们看看合法的征服者对被征服者有什么权力：我说这纯粹是专制的。

He has an absolute power over the lives of those who by an unjust war have forfeited them; but not over the lives or fortunes of those who engaged not in the war, nor over the possessions even of those who were actually engaged in it.

他对那些因非正义战争而丧失生命的人拥有绝对的权力。但不涉及那些没有参与战争的人的生命或财富，也不涉及那些实际参与战争的人的财产。

Sect.

教派。

179.

Secondly, I say then the conqueror gets no power but only over those who have actually assisted, concurred, or consented to that unjust force that is used against him: for the people having given to their governors no power to do an unjust thing, such as is to make an unjust war, (for they never had such a power in themselves) they ought not to be charged as guilty of the violence and unjustice that is committed in an unjust war, any farther than they actually abet it; no more than they are to be thought guilty of any violence or oppression their governors should use upon the people themselves, or any part of their fellow subjects, they having empowered them no more to the one than to the other.

其次，我说征服者没有任何权力，而只能控制那些实际上协助、同意或同意对他使用不公正武力的人：因为人民没有赋予他们的统治者做不公正的事情的权力，例如发动不公正的战争（因为他们自己从来没有这样的权力），他们不应该被指控犯有在不公正战争中犯下的暴力和不公正的罪行，只要他们实际上煽动了这种行为；正如他们的统治者对人民本身或同胞臣民的任何部分使用暴力或压迫一样，他们也不会被认为有罪，因为他们赋予他们的权力并不比对另一方的权力更大。

Conquerors, it is true, seldom trouble themselves to make the distinction, but they willingly permit the confusion of war to sweep all together: but yet this alters not the right; for the conquerors power over the lives of the conquered, being only because they have used force to do, or maintain an injustice, he can have that power only over those who have concurred in that force; all the rest are innocent; and he has no more title over the people of that country, who have done him no injury, and so have made no forfeiture of their lives, than he has over any other, who, without any injuries or provocations, have lived upon fair terms with him.

诚然，征服者很少费力去区分，但他们心甘情愿地让战争的混乱席卷一切：但这并没有改变权利；相反，他们的权利被剥夺了。因为征服者对被征服者的生命拥有权力，仅仅因为他们使用武力去做或维持不公正，他只能对那些同意这种武力的人拥有这种权力；其余的人都是无辜的；他对那个国家的人民没有更多的权利，因为他们没有伤害他，因此也没有丧失生命，就像他对任何其他没有受到任何伤害或挑衅、与他公平相处的人一样。

Sect.

教派。

180.

Thirdly, The power a conqueror gets over those he overcomes in a just war, is perfectly despotical: he has an absolute power over the lives of those, who, by putting themselves in a state of war, have forfeited them; but he has not thereby a right and title to their possessions.

第三，征服者在正义战争中对他所征服的人所获得的权力是完全专制的：他对那些通过将自己置于战争状态而丧失生命的人拥有绝对的权力；但他并不因此对他们的财产享有权利和所有权。

This I doubt not, but at first sight will seem a strange doctrine, it being so quite contrary to the practice of the world; there being nothing more familiar in speaking of the dominion of countries, than to say such an one conquered it; as if conquest, without any more ado, conveyed a right of possession.

我对此毫不怀疑，但乍一看似乎是一个奇怪的学说，因为它与世界的惯例完全相反。在谈到国家的统治时，没有什么比说这样一个国家征服了它更熟悉的了。仿佛征服毫不费力地就意味着占有权。

But when we consider, that the practice of the strong and powerful, how universal soever it may be, is seldom the rule of right, however it be one part of the subjection of the conquered, not to argue against the conditions cut out to them by the conquering sword.

但是，当我们考虑到，强者和有权势者的做法，无论多么普遍，都很少是正义的统治，尽管它是被征服者服从的一部分，而不是反对征服者的剑给他们设定的条件。

Sect.

教派。

181.

Though in all war there be usually a complication of force and damage, and the aggressor seldom fails to harm the estate, when he uses force against the persons of those he makes war upon; yet it is the use of force only that puts a man into the state of war: for whether by force he begins the injury, or else having quietly, and by fraud, done the injury, he refuses to make reparation, and by force maintains it, (which is the same thing, as at first to have done it by force) it is the unjust use of force that makes the war: for he that breaks open my house, and violently turns me out of doors; or having peaceably got in, by force keeps me out, does in effect the same thing; supposing we are in such a state, that we have no common judge on earth, whom I may appeal to, and to whom we are both obliged to submit: for of such I am now speaking.

尽管在所有战争中，通常都会出现武力和损害的复杂情况，而且侵略者在对战争对象的人民使用武力时，很少会不损害财产。然而，只有使用武力才能使一个人陷入战争状态：因为无论他是通过武力开始伤害，还是通过欺诈悄悄地造成伤害，他都拒绝做出赔偿，并通过武力维持赔偿（这与最初通过武力进行赔偿是同一回事），正是不公正地使用武力引发了战争：因为他破门而入，用暴力将我赶出家门；或者和平地进入，用武力将我拒之门外，实际上会产生同样的效果；假设我们处于这样一种状态，我们在地球上没有共同的法官，我可以向他上诉，并且我们都必须服从他：因为我现在正在谈论这样的人。

It is the unjust use of force then, that puts a man into the state of war with another; and thereby he that is guilty of it makes a forfeiture of his life: for quitting reason, which is the rule given between man and man, and using force, the way of beasts, he becomes liable to be destroyed by him he uses force against, as any savage ravenous beast, that is dangerous to his being.

那么，正是不公正地使用武力，才使一个人与另一个人陷入战争状态。因此，犯有此罪的人就丧失了自己的生命：出于放弃理性，这是人与人之间制定的规则，并使用武力，即野兽的方式，他很容易被他所毁灭，因为他使用武力来对付任何对他的生命有害的野蛮贪婪的野兽。

Sect.

教派。

182.

But because the miscarriages of the father are no faults of the children, and they may be rational and peaceable, notwithstanding the brutishness and injustice of the father; the father, by his miscarriages and violence, can forfeit but his own life, but involves not his children in his guilt or destruction.

但是，因为父亲的流产并不是孩子们的过错，尽管父亲的野蛮和不公正，他们可能是理性的、和平的；父亲由于流产和暴力，只能丧失自己的生命，但他的罪孽或毁灭不会让他的孩子参与其中。

His goods, which nature, that willeth the preservation of all mankind as much as is possible, hath made to belong to the children to keep them from perishing, do still continue to belong to his children: for supposing them not to have joined in the war, either thro’ infancy, absence, or choice, they have done nothing to forfeit them: nor has the conqueror any right to take them away, by the bare title of having subdued him that by force attempted his destruction; though perhaps he may have some right to them, to repair the damages he has sustained by the war, and the defence of his own right; which how far it reaches to the possessions of the conquered, we shall see by and by.

大自然为了尽可能保护全人类而将他的财产赋予了孩子们，以防止他们灭亡，但现在仍然属于他的孩子们：因为假设他们没有参加战争，无论是由于婴儿期、缺席还是选择，他们并没有采取任何行动来丧失这些财产：征服者也没有权利仅仅凭借征服了试图用武力毁灭他的人的头衔来夺走这些财产；尽管他可能有一些权利使用它们，以修复他因战争而遭受的损失，并捍卫自己的权利；它对被征服者的财产影响有多大，我们将逐渐看到。

So that he that by conquest has a right over a man’s person to destroy him if he pleases, has not thereby a right over his estate to possess and enjoy it: for it is the brutal force the aggressor has used, that gives his adversary a right to take away his life, and destroy him if he pleases, as a noxious creature; but it is damage sustained that alone gives him title to another man’s goods: for though I may kill a thief that sets on me in the highway, yet I may not (which seems less) take away his money, and let him go: this would be robbery on my side.

因此，通过征服，他有权控制一个人的人身，如果他愿意的话，可以消灭他，但他却没有权利占有和享受他的财产：因为正是侵略者所使用的野蛮武力，使他的对手有权夺走他的生命，如果他愿意的话，可以将他作为有毒生物消灭；但只有遭受的损害才赋予他对他人财产的所有权：因为虽然我可以杀死在高速公路上袭击我的小偷，但我不能（这似乎不太）拿走他的钱，并让他走：这对我来说就是抢劫。

His force, and the state of war he put himself in, made him forfeit his life, but gave me no title to his goods.

他的力量以及他让自己陷入的战争状态使他丧失了生命，但我却没有获得他的财产的所有权。

The right then of conquest extends only to the lives of those who joined in the war, not to their estates, but only in order to make reparation for the damages received, and the charges of the war, and that too with reservation of the right of the innocent wife and children.

征服权仅适用于那些参加战争的人的生命，而不是他们的财产，而只是为了对所受到的损害和战争的指控进行赔偿，并且也保留无辜妻子和孩子的权利。

Sect.

教派。

183.

Let the conqueror have as much justice on his side, as could be supposed, he has no right to seize more than the vanquished could forfeit: his life is at the victor’s mercy; and his service and goods he may appropriate, to make himself reparation; but he cannot take the goods of his wife and children; they too had a title to the goods he enjoyed, and their shares in the estate he possessed: for example, I in the state of nature (and all commonwealths are in the state of nature one with another) have injured another man, and refusing to give satisfaction, it comes to a state of war, wherein my defending by force what I had gotten unjustly, makes me the aggressor.

让征服者拥有尽可能多的正义吧，正如可以想象的那样，他无权夺取比被征服者所能失去的更多的东西：他的生命由胜利者摆布；他可以挪用他的服务和货物，以补偿自己；但他不能拿走他妻子和孩子的财产；他们也对他所享有的物品以及他所拥有的财产中的份额拥有所有权：例如，我在自然状态下（所有联邦都处于彼此之间的自然状态下）伤害了另一个人，并且拒绝给予补偿，这就进入了一种战争状态，在这种状态下，我用武力捍卫我不公正地得到的东西，使我成为侵略者。

I am conquered: my life, it is true, as forfeit, is at mercy, but not my wife’s and children’s.

我被征服了：我的生命确实是被放弃的，但我的妻子和孩子的生命却不是。

They made not the war, nor assisted in it.

他们没有发动战争，也没有协助战争。

I could not forfeit their lives; they were not mine to forfeit.

我不能放弃他们的生命；我不能放弃它们。

My wife had a share in my estate; that neither could I forfeit.

我的妻子拥有我的遗产的一部分；我也不能放弃这一点。

And my children also, being born of me, had a right to be maintained out of my labour or substance.

我的孩子们也是我所生，他们也有权从我的劳动或物质中得到维持。

Here then is the case: the conqueror has a title to reparation for damages received, and the children have a title to their father’s estate for their subsistence: for as to the wife’s share, whether her own labour, or compact, gave her a title to it, it is plain, her husband could not forfeit what was her’s.

情况是这样的：征服者有权要求赔偿所受到的损害，而孩子们则有权获得其父亲的遗产以维持生计：因为至于妻子的份额，无论是她自己的劳动还是契约，都赋予了她所有权，很明显，她的丈夫不能放弃她的财产。

What must be done in the case?

在这种情况下必须做什么？

I answer; the fundamental law of nature being, that all, as much as may be, should be preserved, it follows, that if there be not enough fully to satisfy both, viz, for the conqueror’s losses, and children’s maintenance, he that hath, and to spare, must remit something of his full satisfaction, and give way to the pressing and preferable title of those who are in danger to perish without it.

我回答；自然的基本法则是，所有的一切都应尽可能得到保存，因此，如果没有足够的钱来满足征服者的损失和子女的赡养费，那么拥有和有余的人就必须放弃一些足以满足他的要求的东西，并让位于那些没有它就可能灭亡的人的紧迫和更可取的权利。

Sect.

教派。

184.

But supposing the charge and damages of the war are to be made up to the conqueror, to the utmost farthing; and that the children of the vanquished, spoiled of all their father’s goods, are to be left to starve and perish; yet the satisfying of what shall, on this score, be due to the conqueror, will scarce give him a title to any country he shall conquer: for the damages of war can scarce amount to the value of any considerable tract of land, in any part of the world, where all the land is possessed, and none lies waste.

但是，假设战争的费用和损失要补偿给征服者，补偿到最大的一文钱；战败者的子孙，掠夺了他们父亲的所有财产，只能挨饿和灭亡。然而，在这一点上，征服者所应得的满足，几乎不会赋予他对他所征服的任何国家的所有权：因为战争造成的损失几乎抵不上世界任何地方任何大片土地的价值，只要所有土地都被占有，而且没有一块土地被浪费。

And if I have not taken away the conqueror’s land, which, being vanquished, it is impossible I should; scarce any other spoil I have done him can amount to the value of mine, supposing it equally cultivated, and of an extent any way coming near what I had overrun of his.

如果我没有夺走征服者的土地，而征服者的土地已经被征服了，我就不可能夺走它；我对他所做的任何其他掠夺都无法与我的掠夺价值相提并论，假设它同样受到耕种，并且在某种程度上接近我对他的掠夺。

The destruction of a year’s product or two (for it seldom reaches four or five) is the utmost spoil that usually can be done: for as to money, and such riches and treasure taken away, these are none of nature’s goods, they have but a fantastical imaginary value: nature has put no such upon them: they are of no more account by her standard, than the wampompeke of the Americans to an European prince, or the silver money of Europe would have been formerly to an American.

毁坏一两年的产品（因为很少达到四五件）是通常可以做到的最大的破坏：因为至于金钱，以及被夺走的财富和宝藏，这些都不是自然的物品，它们只有一种奇异的想象价值：自然并没有赋予它们这样的价值：按照她的标准，它们并不比美国人的黄皮克对欧洲王子更重要，或者欧洲的银币对美国人来说也没有什么意义。

And five years product is not worth the perpetual inheritance of land, where all is possessed, and none remains waste, to be taken up by him that is disseized: which will be easily granted, if one do but take away the imaginary value of money, the disproportion being more than between five and five hundred; though, at the same time, half a year’s product is more worth than the inheritance, where there being more land than the inhabitants possess and make use of, any one has liberty to make use of the waste: but there conquerors take little care to possess themselves of the lands of the vanquished, No damage therefore, that men in the state of nature (as all princes and governments are in reference to one another) suffer from one another, can give a conqueror power to dispossess the posterity of the vanquished, and turn them out of that inheritance, which ought to be the possession of them and their descendants to all generations.

五年的产出不值得永久继承土地，土地上一切都已占有，没有一处是浪费，可以由被剥夺的人占有：如果去掉想象中的金钱价值，这很容易被授予，不成比例超过五到五百；同时，半年的产品比遗产更有价值，那里的土地多于居民拥有和使用的土地，任何人都可以自由利用浪费的土地：但在那里，征服者很少关心自己拥有战败者的土地，因此，自然状态下的人们（正如所有王子和政府都是相互参照的）互相受苦，不会给征服者赋予剥夺战败者子孙后代的权力，并把他们从应为他们及其子孙世世代代拥有的产业中驱逐出去。

The conqueror indeed will be apt to think himself master: and it is the very condition of the subdued not to be able to dispute their right.

征服者确实很容易认为自己是主人：而被征服者的处境就是不能质疑他们的权利。

But if that be all, it gives no other title than what bare force gives to the stronger over the weaker: and, by this reason, he that is strongest will have a right to whatever he pleases to seize on.

但如果这就是全部，那么它除了赋予强者对弱者的赤裸裸的力量之外，并没有赋予其他任何权利：因此，最强者将有权获得他想要夺取的任何东西。

Sect.

教派。

185.

Over those then that joined with him in the war, and over those of the subdued country that opposed him not, and the posterity even of those that did, the conqueror, even in a just war, hath, by his conquest, no right of dominion: they are free from any subjection to him, and if their former government be dissolved, they are at liberty to begin and erect another to themselves.

对于那些当时与他一起参加战争的人，以及那些不反对他的被征服国家的人，甚至那些反对他的人的后代，征服者，即使是在正义的战争中，也没有通过他的征服而获得统治权：他们不受他的任何服从，如果他们的前政府被解散，他们可以自由地开始为自己建立另一个政府。

Sect.

教派。

186.

The conqueror, it is true, usually, by the force he has over them, compels them, with a sword at their breasts, to stoop to his conditions, and submit to such a government as he pleases to afford them; but the enquiry is, what right he has to do so?

诚然，征服者通常通过对他们施加的力量，用胸前的剑迫使他们屈从于他的条件，并服从他愿意提供给他们的政府。但问题是，他有什么权利这样做？

If it be said, they submit by their own consent, then this allows their own consent to be necessary to give the conqueror a title to rule over them.

如果说，他们是在自己同意的情况下屈服的，那么这就使得征服者必须有自己的同意才能获得统治他们的头衔。

It remains only to be considered, whether promises extorted by force, without right, can be thought consent, and how far they bind.

唯一有待考虑的是，在没有权利的情况下通过武力勒索的承诺是否可以被视为同意，以及它们的约束力有多大。

To which I shall say, they bind not at all; because whatsoever another gets from me by force, I still retain the right of, and he is obliged presently to restore.

我要说的是，它们根本没有约束力；因为无论他人强行从我这里得到什么，我仍然保留权利，而他有义务立即归还。

He that forces my horse from me, ought presently to restore him, and I have still a right to retake him.

谁强行夺走我的马，就应该立即归还他，而我仍然有权夺回他。

By the same reason, he that forced a promise from me, ought presently to restore it, i.e. quit me of the obligation of it; or I may resume it myself, i.e. chuse whether I will perform it: for the law of nature laying an obligation on me only by the rules she prescribes, cannot oblige me by the violation of her rules: such is the extorting any thing from me by force.

出于同样的原因，强迫我做出承诺的人应该立即恢复它，即免除我的义务；或者我可以自己恢复，即选择是否执行它：因为自然法仅通过她规定的规则对我施加义务，不能通过违反她的规则来强迫我：这就是用武力从我那里勒索任何东西。

Nor does it at all alter the case to say, I gave my promise, no more than it excuses the force, and passes the right, when I put my hand in my pocket, and deliver my purse myself to a thief, who demands it with a pistol at my breast.

说“我做出了我的承诺”也丝毫没有改变这种情况，就像当我把手伸进口袋，亲自把钱包交给小偷，而小偷拿着手枪抵着我的胸口索要它时，这并没有改变我的武力，并通过了权利。

Sect.

教派。

187.

From all which it follows, that the government of a conqueror, imposed by force on the subdued, against whom he had no right of war, or who joined not in the war against him, where he had right, has no obligation upon them.

由此可见，征服者的政府是用武力强加给被征服者的，他无权对被征服者发动战争，或者征服者的政府在他有权利的情况下没有参加对他的战争，但对他们没有义务。

Sect.

教派。

188.

But let us suppose, that all the men of that community, being all members of the same body politic, may be taken to have joined in that unjust war wherein they are subdued, and so their lives are at the mercy of the conqueror.

但让我们假设，该共同体的所有成员，作为同一政治体的所有成员，都可能被认为参加了这场不公正的战争，在这场战争中，他们被征服了，因此他们的生命受到征服者的摆布。

Sect.

教派。

189.

I say this concerns not their children who are in their minority: for since a father hath not, in himself, a power over the life or liberty of his child, no act of his can possibly forfeit it.

我说这与他们的未成年子女无关：因为父亲本身没有权力控制孩子的生命或自由，因此他的任何行为都不可能丧失这种权力。

So that the children, whatever may have happened to the fathers, are freemen, and the absolute power of the conqueror reaches no farther than the persons of the men that were subdued by him, and dies with them: and should he govern them as slaves, subjected to his absolute arbitrary power, he has no such right of dominion over their children.

因此，无论父亲发生了什么事，孩子们都是自由人，征服者的绝对权力不会比被他征服的人更远，并与他们一起死去：如果他把他们当作奴隶来统治，服从他绝对的专制权力，他就没有这样的权利来统治他们的孩子。

He can have no power over them but by their own consent, whatever he may drive them to say or do; and he has no lawfull authority, whilst force, and not choice, compels them to submission.

他对他们没有任何权力，除非他们自己同意，无论他强迫他们说什么或做什么；他没有合法的权力，而强迫他们屈服的是武力，而不是选择。

Sect.

教派。

190.

Every man is born with a double right: first, a right of freedom to his person, which no other man has a power over, but the free disposal of it lies in himself.

每个人生来就享有双重权利：第一，人身自由权，其他人无权支配，但自由支配权在于他自己。

Secondly, a right, before any other man, to inherit with his brethren his father’s goods.

其次，在任何其他人之前，他有权与他的兄弟一起继承他父亲的财产。

Sect.

教派。

191.

By the first of these, a man is naturally free from subjection to any government, tho’ he be born in a place under its jurisdiction; but if he disclaim the lawful government of the country he was born in, he must also quit the right that belonged to him by the laws of it, and the possessions there descending to him from his ancestors, if it were a government made by their consent.

根据第一点，一个人自然不受任何政府的管辖，尽管他出生在该政府管辖的地方。但是，如果他放弃其出生国家的合法政府，他也必须放弃该国法律所拥有的权利，以及从其祖先那里继承的财产，如果这是一个经祖先同意的政府。

Sect.

教派。

192.

By the second, the inhabitants of any country, who are descended, and derive a title to their estates from those who are subdued, and had a government forced upon them against their free consents, retain a right to the possession of their ancestors, though they consent not freely to the government, whose hard conditions were by force imposed on the possessors of that country: for the first conqueror never having had a title to the land of that country, the people who are the descendants of, or claim under those who were forced to submit to the yoke of a government by constraint, have always a right to shake it off, and free themselves from the usurpation or tyranny which the sword hath brought in upon them, till their rulers put them under such a frame of government as they willingly and of choice consent to.

到了第二种情况，任何一个国家的居民，如果是被征服者的后裔，并从被征服者那里获得了对其财产的所有权，并在未经他们自由同意的情况下被迫接受了一个政府，则保留对其祖先的占有权，尽管他们不是自愿同意政府的，因为政府的严酷条件是通过武力强加给该国的所有者的：因为第一个征服者从未对该国的土地拥有所有权，这些人是那些被迫臣服于他们的后裔或在那些被迫臣服的人的统治下提出要求的人。他们始终有权摆脱政府的束缚，摆脱刀剑所带来的篡夺或暴政，直到他们的统治者将他们置于他们自愿并选择同意的政府框架之下。

Who doubts but the Grecian Christians, descendants of the ancient possessors of that country, may justly cast off the Turkish yoke, which they have so long groaned under, whenever they have an opportunity to do it?

谁会怀疑，希腊基督徒，这个国家古代拥有者的后裔，只要有机会，就可以公正地摆脱土耳其的枷锁，他们长期以来一直在土耳其的枷锁下呻吟？

For no government can have a right to obedience from a people who have not freely consented to it; which they can never be supposed to do, till either they are put in a full state of liberty to chuse their government and governors, or at least till they have such standing laws, to which they have by themselves or their representatives given their free consent, and also till they are allowed their due property, which is so to be proprietors of what they have, that no body can take away any part of it without their own consent, without which, men under any government are not in the state of freemen, but are direct slaves under the force of war.

因为任何政府都无权获得未经自由同意的人民的服从；他们永远不应该这样做，除非他们处于完全自由的状态以选择他们的政府和总督，或者至少直到他们有这样的长期法律，他们自己或他们的代表自由同意这些法律，并且直到他们被允许拥有应有的财产，即成为他们所拥有的财产的所有者，未经他们自己的同意，任何人都不能剥夺其任何部分，否则，任何政府统治下的人都不是自由民，而是直接奴隶。战争的力量。

Sect.

教派。

193.

But granting that the conqueror in a just war has a right to the estates, as well as power over the persons, of the conquered; which, it is plain, he hath not: nothing of absolute power will follow from hence, in the continuance of the government; because the descendants of these being all freemen, if he grants them estates and possessions to inhabit his country, (without which it would be worth nothing) whatsoever he grants them, they have, so far as it is granted, property in.

但是，承认正义战争中的征服者有权获得被征服者的财产以及对人民的权力；很明显，他没有：在政府继续执政的过程中，不会产生任何绝对的权力。因为这些人的后裔都是自由民，如果他授予他们居住在他的国家的地产和财产（没有这些财产和财产就毫无价值），无论他授予他们什么，只要授予他们，他们就拥有财产。

The nature whereof is, that without a man’s own consent it cannot be taken from him.

其本质是，未经人本人同意，不能将其从他手中夺走。

Sect.

教派。

194.

Their persons are free by a native right, and their properties, be they more or less, are their own, and at their own dispose, and not at his; or else it is no property.

他们的人身因与生俱来的权利而享有自由，他们的财产或多或少都是他们自己的，由他们自己支配，而不是由他支配；否则它就不是财产。

Supposing the conqueror gives to one man a thousand acres, to him and his heirs for ever; to another he lets a thousand acres for his life, under the rent of 50_l_.

假设征服者赐给一个人一千英亩土地，永远赐给他和他的继承人；他向另一个人租了一千英亩土地作为自己的生活，租金为 50 升。

or 500_l_.

或 500_l_。

per ann.

每年。

has not the one of these a right to his thousand acres for ever, and the other, during his life, paying the said rent?

难道其中一个没有权利永远拥有他的一千英亩土地，而另一个则在他有生之年支付上述租金吗？

and hath not the tenant for life a property in all that he gets over and above his rent, by his labour and industry during the said term, supposing it be double the rent?

假设租客在上述期限内通过自己的劳动和勤劳获得的一切收入，难道不是终身的财产吗？假设它是租金的两倍？

Can any one say, the king, or conqueror, after his grant, may by his power of conqueror take away all, or part of the land from the heirs of one, or from the other during his life, he paying the rent?

任何人都可以说，国王或征服者在获得授权后，可以凭借其征服者的权力，从一个人的继承人或在他一生中支付租金的另一个人的继承人那里夺走全部或部分土地吗？

or can he take away from either the goods or money they have got upon the said land, at his pleasure?

或者他可以随意拿走他们在上述土地上获得的货物或金钱吗？

If he can, then all free and voluntary contracts cease, and are void in the world; there needs nothing to dissolve them at any time, but power enough: and all the grants and promises of men in power are but mockery and collusion: for can there be any thing more ridiculous than to say, I give you and your’s this for ever, and that in the surest and most solemn way of conveyance can be devised; and yet it is to be understood, that I have right, if I please, to take it away from you again to morrow?

如果他可以，那么世界上所有自由和自愿的契约都将终止，并且无效；任何时候都不需要任何东西来解散它们，只要有足够的权力即可：掌权者的所有恩赐和承诺都不过是嘲弄和勾结：因为还有什么比说“我永远给予你和你的这个，并且可以设计出最可靠和最庄严的转让方式”更荒谬的事情吗？但要明白的是，如果我愿意的话，我有权明天再把它从你手中拿走吗？

Sect.

教派。

195.

I will not dispute now whether princes are exempt from the laws of their country; but this I am sure, they owe subjection to the laws of God and nature.

我现在不会争论王子是否不受其国家法律的约束；但我确信，他们应该服从上帝和自然的法则。

No body, no power, can exempt them from the obligations of that eternal law.

任何机构、任何权力都不能免除他们遵守这一永恒法则的义务。

Those are so great, and so strong, in the case of promises, that omnipotency itself can be tied by them.

就应许而言，这些是如此伟大、如此强大，以至于全能本身可以被它们束缚。

Grants, promises, and oaths, are bonds that hold the Almighty: whatever some flatterers say to princes of the world, who all together, with all their people joined to them, are, in comparison of the great God, but as a drop of the bucket, or a dust on the balance, inconsiderable, nothing!

赠予、许诺和誓言，都是束缚全能者的纽带：不管一些奉承者对世界上的君主说什么，他们连同所有的人民一起加入他们，与伟大的上帝相比，不过是沧海一粟，天平上的一粒尘埃，微不足道，微不足道！

Sect.

教派。

196.

The short of the case in conquest is this: the conqueror, if he have a just cause, has a despotical right over the persons of all, that actually aided, and concurred in the war against him, and a right to make up his damage and cost out of their labour and estates, so he injure not the right of any other.

征服案的缺点是：征服者如果有正当理由，就对所有实际上帮助和同意对他进行战争的人拥有专制权利，并有权用他们的劳动和财产来弥补他的损失和成本，因此他不损害任何其他人的权利。

Over the rest of the people, if there were any that consented not to the war, and over the children of the captives themselves, or the possessions of either, he has no power; and so can have, by virtue of conquest, no lawful title himself to dominion over them, or derive it to his posterity; but is an aggressor, if he attempts upon their properties, and thereby puts himself in a state of war against them, and has no better a right of principality, he, nor any of his successors, than Hingar, or Hubba, the Danes, had here in England; or Spartacus, had he conquered Italy, would have had; which is to have their yoke cast off, as soon as God shall give those under their subjection courage and opportunity to do it.

对于其余的人民，如果有任何人不同意战争，对于俘虏本身的孩子，或者他们的财产，他没有权力；因此，他本人不能凭借征服而拥有合法的权利来统治这些地区，也不能将这种权利传给他的后代。但是，如果他试图侵占他们的财产，从而使自己与他们处于战争状态，那么他就是一个侵略者，他和他的任何继承者都没有比丹麦人辛加尔或胡巴在英格兰拥有更好的君主权。或者斯巴达克斯，如果他征服了意大利，他也会这么做；这就是一旦上帝给那些受他们管辖的人勇气和机会，就可以摆脱他们的轭。

Thus, notwithstanding whatever title the kings of Assyria had over Judah, by the sword, God assisted Hezekiah to throw off the dominion of that conquering empire.

因此，无论亚述诸王对犹大有什么头衔，上帝都用刀剑帮助希西家摆脱了这个征服帝国的统治。

And the lord was with Hezekiah, and he prospered; wherefore he went forth, and he rebelled against the king of Assyria, and served him not, 2 Kings xviii.

耶和华与希西家同在，他就亨通。因此，他出去背叛亚述王，不事奉他，2 王十八。

Whence it is plain, that shaking off a power, which force, and not right, hath set over any one, though it hath the name of rebellion, yet is no offence before God, but is that which he allows and countenances, though even promises and covenants, when obtained by force, have intervened: for it is very probable, to any one that reads the story of Ahaz and Hezekiah attentively, that the Assyrians subdued Ahaz, and deposed him, and made Hezekiah king in his father’s lifetime; and that Hezekiah by agreement had done him homage, and paid him tribute all this time.

由此可见，摆脱一种武力而非正义强加于任何人的权力，尽管它有叛逆的名称，但在上帝面前并无冒犯，而是上帝所允许和支持的，尽管即使通过武力获得的承诺和圣约也会介入：因为对于任何仔细阅读亚哈斯和希西家故事的人来说，很可能亚述人征服了亚哈斯，并废黜了他，在他父亲在世的时候，立希西家为王；希西家按照协议向他致敬，一直向他纳贡。

CHAPTER.

章。

XVII.

十七．

OF USURPATION.

篡夺。

Sect.

教派。

197.

AS conquest may be called a foreign usurpation, so usurpation is a kind of domestic conquest, with this difference, that an usurper can never have right on his side, it being no usurpation, but where one is got into the possession of what another has right to.

由于征服可以被称为外国篡夺，所以篡夺是一种国内征服，但有一个区别，篡夺者永远不可能拥有权利站在他一边，这不是篡夺，而是一个人获得了另一个人有权拥有的东西。

This, so far as it is usurpation, is a change only of persons, but not of the forms and rules of the government: for if the usurper extend his power beyond what of right belonged to the lawful princes, or governors of the commonwealth, it is tyranny added to usurpation.

就篡夺而言，这只是个人的改变，而不是政府形式和规则的改变：因为如果篡夺者将其权力扩大到合法君主或联邦总督的权利之外，那就是篡夺之上的暴政。

Sect.

教派。

198.

In all lawful governments, the designation of the persons, who are to bear rule, is as natural and necessary a part as the form of the government itself, and is that which had its establishment originally from the people; the anarchy being much alike, to have no form of government at all; or to agree, that it shall be monarchical, but to appoint no way to design the person that shall have the power, and be the monarch.

在所有合法政府中，对负责统治的人的指定，与政府本身的形式一样，是自然而必要的一部分，并且最初是由人民建立的。无政府状态很相似，根本没有任何形式的政府；或者同意它应该是君主制的，但没有指定任何方式来设计拥有权力并成为君主的人。

Hence all commonwealths, with the form of government established, have rules also of appointing those who are to have any share in the public authority, and settled methods of conveying the right to them: for the anarchy is much alike, to have no form of government at all; or to agree that it shall be monarchical, but to appoint no way to know or design the person that shall have the power, and be the monarch.

因此，所有的联邦，在建立了政府形式后，也有任命那些分享公共权力的人的规则，以及向他们转让权利的固定方法：因为无政府状态非常相似，根本没有任何形式的政府；或者同意它应该是君主制的，但没有指定任何方式来了解或设计将拥有权力并成为君主的人。

Whoever gets into the exercise of any part of the power, by other ways than what the laws of the community have prescribed, hath no right to be obeyed, though the form of the commonwealth be still preserved; since he is not the person the laws have appointed, and consequently not the person the people have consented to.

任何人以共同体法律规定以外的方式行使任何部分权力，均无权受到服从，尽管共同体的形式仍然保留；因为他不是法律指定的人选，因此也不是人民同意的人选。

Nor can such an usurper, or any deriving from him, ever have a title, till the people are both at liberty to consent, and have actually consented to allow, and confirm in him the power he hath till then usurped.

这样的篡夺者或任何从他继承而来的人，在人民既可以自由同意，又实际上同意允许并确认他迄今为止所篡夺的权力之前，永远不可能拥有所有权。

CHAPTER.

章。

XVIII.

十八。

OF TYRANNY.

暴政。

Sect.

教派。

199.

AS usurpation is the exercise of power, which another hath a right to; so tyranny is the exercise of power beyond right, which no body can have a right to.

因为篡夺是行使他人有权行使的权力；因此，暴政是超越权利的权力行使，任何人都无权行使这种权力。

And this is making use of the power any one has in his hands, not for the good of those who are under it, but for his own private separate advantage.

这是利用任何人手中的权力，不是为了其下属的利益，而是为了他自己的个人利益。

When the governor, however intitled, makes not the law, but his will, the rule; and his commands and actions are not directed to the preservation of the properties of his people, but the satisfaction of his own ambition, revenge, covetousness, or any other irregular passion.

当总督，无论有什么资格，制定的不是法律，而是他的意志，即规则时；他的命令和行动并不是为了保护人民的财产，而是为了满足他自己的野心、复仇、贪婪或任何其他不正常的激情。

Sect.

教派。

200.

If one can doubt this to be truth, or reason, because it comes from the obscure hand of a subject, I hope the authority of a king will make it pass with him.

如果有人怀疑这是否是真理或理由，因为它出自一个臣民的晦涩之手，我希望国王的权威能让他通过。

King James the first, in his speech to the parliament, 1603, tells them thus,

国王詹姆斯一世在 1603 年向议会发表的讲话中这样告诉他们：

/# I will ever prefer the weal of the public, and of the whole commonwealth, in making of good laws and constitutions, to any particular and private ends of mine; thinking ever the wealth and weal of the commonwealth to be my greatest weal and worldly felicity; a point wherein a lawful king doth directly differ from a tyrant: for I do acknowledge, that the special and greatest point of difference that is between a rightful king and an usurping tyrant, is this, that whereas the proud and ambitious tyrant doth think his kingdom and people are only ordained for satisfaction of his desires and unreasonable appetites, the righteous and just king doth by the contrary acknowledge himself to be ordained for the procuring of the wealth and property of his people.

/# 在制定良好的法律和宪法时，我将永远优先考虑公众和整个联邦的福祉，而不是我的任何特定和私人目的；永远认为国家的财富和福祉是我最大的福祉和世俗的幸福；在这一点上，合法的国王与暴君有直接的区别：因为我确实承认，合法的国王和篡位的暴君之间最特殊和最大的区别是，骄傲而野心勃勃的暴君认为他的王国和人民只是为了满足他的欲望和不合理的欲望而被任命的，而正义和公正的国王却相反地承认自己被任命为获取其人民的财富和财产。

And again, in his speech to the parliament, 1609, he hath these words:

1609 年，他在议会演讲中再次说了这样的话：

/# The king binds himself by a double oath, to the observation of the fundamental laws of his kingdom; tacitly, as by being a king, and so bound to protect as well the people, as the laws of his kingdom; and expressly, by his oath at his coronation, so as every just king, in a settled kingdom, is bound to observe that paction made to his people, by his laws, in framing his government agreeable thereunto, according to that paction which God made with Noah after the deluge.

/# 国王宣誓遵守其王国的基本法律；心照不宣，就像作为国王一样，有义务保护人民，就像他王国的法律一样；明确地，通过他在加冕典礼上的誓言，每个正义的国王，在一个稳定的王国里，都必须遵守他的法律向他的人民所订立的契约，并根据洪水后上帝与诺亚签订的契约，制定与此相一致的政府。

Hereafter, seed-time and harvest, and cold and heat, and summer and winter, and day and night, shall not cease while the earth remaineth.

从此以后，只要大地还存在，播种和收获、寒冷和炎热、夏天和冬天、白天和黑夜都不会停止。

And therefore a king governing in a settled kingdom, leaves to be a king, and degenerates into a tyrant, as soon as he leaves off to rule according to his laws.

因此，一个在一个稳定的王国里进行统治的国王，一旦不再按照他的法律进行统治，他就不再是国王，而是堕落为暴君。

And a little after,

过了一会儿，

/# Therefore all kings that are not tyrants, or perjured, will be glad to bound themselves within the limits of their laws; and they that persuade them the contrary, are vipers, and pests both against them and the commonwealth.

/#因此，所有不是暴君或伪证的国王都会很高兴将自己约束在他们的法律范围内；那些说服他们反对的人是毒蛇，是对他们和国家有害的害虫。

Thus that learned king, who well understood the notion of things, makes the difference betwixt a king and a tyrant to consist only in this, that one makes the laws the bounds of his power, and the good of the public, the end of his government; the other makes all give way to his own will and appetite.

因此，这位深谙事物概念的博学国王认为，国王与暴君之间的区别仅在于这一点：国王以法律为权力的界限，以公众的利益为政府的目的；另一个则让一切屈服于他自己的意志和欲望。

Sect.

教派。

201.

It is a mistake, to think this fault is proper only to monarchies; other forms of government are liable to it, as well as that: for wherever the power, that is put in any hands for the government of the people, and the preservation of their properties, is applied to other ends, and made use of to impoverish, harass, or subdue them to the arbitrary and irregular commands of those that have it; there it presently becomes tyranny, whether those that thus use it are one or many.

认为这种错误只适用于君主制的想法是错误的。其他形式的政府也可能受到这种影响：因为无论何时，为人民政府和保护人民财产而交到任何人手中的权力被用于其他目的，并被用来使人民陷入贫困、骚扰或屈服于拥有权力的人的任意和不规则的命令；在那里，无论使用它的人是一个还是多个，它很快就会变成暴政。

Thus we read of the thirty tyrants at Athens, as well as one at Syracuse; and the intolerable dominion of the Decemviri at Rome was nothing better.

因此，我们读到了雅典的三十个暴君，以及锡拉丘兹的一个暴君。十人党在罗马的令人难以忍受的统治也好不到哪儿去。

Sect.

教派。

202.

Where-ever law ends, tyranny begins, if the law be transgressed to another’s harm; and whosoever in authority exceeds the power given him by the law, and makes use of the force he has under his command, to compass that upon the subject, which the law allows not, ceases in that to be a magistrate; and, acting without authority, may be opposed, as any other man, who by force invades the right of another.

凡是法律结束的地方，如果违反法律而造成他人的伤害，暴政就开始了；任何人的权力超过了法律赋予他的权力，并利用他所指挥的力量来处理法律不允许的问题，那么他就不再是治安法官了。而且，未经授权行事，可能会像任何其他人一样，通过武力侵犯他人的权利而遭到反对。

This is acknowledged in subordinate magistrates.

这是下属地方官员所承认的。

He that hath authority to seize my person in the street, may be opposed as a thief and a robber, if he endeavours to break into my house to execute a writ, notwithstanding that I know he has such a warrant, and such a legal authority, as will impower him to arrest me abroad.

有权在街上抓捕我的人，如果他试图闯入我的家执行令状，他可能会被视为小偷和强盗，尽管我知道他有这样的逮捕令和这样的法律权力，这将授权他在国外逮捕我。

And why this should not hold in the highest, as well as in the most inferior magistrate, I would gladly be informed.

为什么这不应该适用于最高和最低级的法官，我很乐意被告知。

Is it reasonable, that the eldest brother, because he has the greatest part of his father’s estate, should thereby have a right to take away any of his younger brothers portions?

长兄因为拥有父亲最大的遗产，就有权夺走弟弟的财产，这合理吗？

or that a rich man, who possessed a whole country, should from thence have a right to seize, when he pleased, the cottage and garden of his poor neighbour?

或者说，一个拥有整个国家的富人应该有权在他愿意的时候夺取他贫穷邻居的小屋和花园？

The being rightfully possessed of great power and riches, exceedingly beyond the greatest part of the sons of Adam, is so far from being an excuse, much less a reason, for rapine and oppression, which the endamaging another without authority is, that it is a great aggravation of it: for the exceeding the bounds of authority is no more a right in a great, than in a petty officer; no more justifiable in a king than a constable; but is so much the worse in him, in that he has more trust put in him, has already a much greater share than the rest of his brethren, and is supposed, from the advantages of his education, employment, and counsellors, to be more knowing in the measures of right and wrong.

合法地拥有远超亚当子孙中大多数人的权力和财富，这绝不是掠夺和压迫的借口，更不是理由，而无权损害他人则是掠夺和压迫的严重加剧：因为超越权力的界限对于一个大官员来说并不是一种权利，就像对于一个小官员一样；国王的身份并不比警察的身份更合理；但他的情况却更糟，因为他对他更加信任，已经比其他弟兄拥有更大的份额，并且从他的教育、就业和顾问的优势来看，人们认为他更了解是非。

Sect.

教派。

203.

May the commands then of a prince be opposed?

那么，王子的命令可以反对吗？

may he be resisted as often as any one shall find himself aggrieved, and but imagine he has not right done him?

如果有人发现自己受到了委屈，但想象他没有正确地对待他，他是否会经常遭到抵制？

This will unhinge and overturn all polities, and, instead of government and order, leave nothing but anarchy and confusion.

这将精神错乱并推翻所有政体，除了无政府状态和混乱之外，什么也没有留下，而不是政府和秩序。

Sect.

教派。

204.

To this I answer, that force is to be opposed to nothing, but to unjust and unlawful force; whoever makes any opposition in any other case, draws on himself a just condemnation both from God and man; and so no such danger or confusion will follow, as is often suggested: for,

对此我的回答是，这种武力不是反对任何东西，而是反对不公正和非法的武力；无论谁在任何其他情况下提出反对，他都会受到上帝和人的公正谴责。因此，不会出现这样的危险或混乱，正如人们经常建议的那样：因为，

Sect.

教派。

205.

First, As, in some countries, the person of the prince by the law is sacred; and so, whatever he commands or does, his person is still free from all question or violence, not liable to force, or any judicial censure or condemnation.

首先，在一些国家，法律规定王子的地位是神圣的；因此，无论他命令或做什么，他的人身仍然不受任何问题或暴力，不受武力或任何司法谴责或谴责。

But yet opposition may be made to the illegal acts of any inferior officer, or other commissioned by him; unless he will, by actually putting himself into a state of war with his people, dissolve the government, and leave them to that defence which belongs to every one in the state of nature: for of such things who can tell what the end will be?

但是，可以对任何下级官员或其委托的其他官员的非法行为提出反对；除非他实际上让自己与他的人民处于战争状态，解散政府，让他们接受属于自然状态下每个人的防御：因为这样的事情谁能知道结局会是什么？

and a neighbour kingdom has shewed the world an odd example.

一个邻国向世界展示了一个奇怪的例子。

In all other cases the sacredness of the person exempts him from all inconveniencies, whereby he is secure, whilst the government stands, from all violence and harm whatsoever; than which there cannot be a wiser constitution: for the harm he can do in his own person not being likely to happen often, nor to extend itself far; nor being able by his single strength to subvert the laws, nor oppress the body of the people, should any prince have so much weakness, and ill nature as to be willing to do it, the inconveniency of some particular mischiefs, that may happen sometimes, when a heady prince comes to the throne, are well recompensed by the peace of the public, and security of the government, in the person of the chief magistrate, thus set out of the reach of danger: it being safer for the body, that some few private men should be sometimes in danger to suffer, than that the head of the republic should be easily, and upon slight occasions, exposed.

在所有其他情况下，个人的神圣性使他免于一切不便，因此，当政府存在时，他是安全的，免受任何暴力和伤害；没有比这更明智的宪法了：因为他对自己造成的伤害不太可能经常发生，也不会影响太远。任何君主都不能凭借一己之力颠覆法律，也不能压迫人民，如果任何君主有如此多的软弱和恶劣的本性，愿意这样做，当一个令人兴奋的君主登上王位时，有时可能会发生一些特定的恶作剧，但以首席行政长官的身份，公众的和平和政府的安全得到了很好的补偿，从而脱离了危险的范围：对身体来说更安全，少数私人有时会面临遭受苦难的危险，而共和国首脑则很容易在轻微的情况下暴露。

Sect.

教派。

206.

Secondly, But this privilege, belonging only to the king’s person, hinders not, but they may be questioned, opposed, and resisted, who use unjust force, though they pretend a commission from him, which the law authorizes not; as is plain in the case of him that has the king’s writ to arrest a man, which is a full commission from the king; and yet he that has it cannot break open a man’s house to do it, nor execute this command of the king upon certain days, nor in certain places, though this commission have no such exception in it; but they are the limitations of the law, which if any one transgress, the king’s commission excuses him not: for the king’s authority being given him only by the law, he cannot impower any one to act against the law, or justify him, by his commission, in so doing; the commission, or command of any magistrate, where he has no authority, being as void and insignificant, as that of any private man; the difference between the one and the other, being that the magistrate has some authority so far, and to such ends, and the private man has none at all: for it is not the commission, but the authority, that gives the right of acting; and against the laws there can be no authority.

其次，这项特权只属于国王本人，并不妨碍他们，但使用不公正武力的人可能会受到质疑、反对和抵制，尽管他们假装是国王的委托，而法律并未授权；正如持有国王逮捕令的人的情况一样，这是国王的完全委托；然而，拥有它的人不能破门而入，也不能在某些日子或某些地方执行国王的命令，尽管这项命令没有这样的例外。但它们是法律的限制，如果任何人违反了法律，国王的授权不能原谅他：因为国王的权力仅由法律授予他，他不能授权任何人违反法律，也不能通过他的授权为他辩护。任何地方法官的委托或命令，如果他没有权力，则与任何私人的委托或命令一样无效和微不足道；两者之间的区别在于，到目前为止，治安官拥有一定的权威，并且为此目的，而私人则根本没有：因为赋予行动权的不是委托，而是权威；违反法律就没有权威。

But, notwithstanding such resistance, the king’s person and authority are still both secured, and so no danger to governor or government.

但是，尽管存在这样的阻力，国王的人身和权威仍然受到保护，因此不会对总督或政府造成危险。

Sect.

教派。

207.

Thirdly, Supposing a government wherein the person of the chief magistrate is not thus sacred; yet this doctrine of the lawfulness of resisting all unlawful exercises of his power, will not upon every slight occasion indanger him, or imbroil the government: for where the injured party may be relieved, and his damages repaired by appeal to the law, there can be no pretence for force, which is only to be used where a man is intercepted from appealing to the law: for nothing is to be accounted hostile force, but where it leaves not the remedy of such an appeal; and it is such force alone, that puts him that uses it into a state of war, and makes it lawful to resist him.

第三，假设一个政府，其首席行政长官的身份不那么神圣；然而，这种抵制一切非法行使权力的合法性的原则，不会在任何轻微的情况下都会危及他，或使政府陷入困境：因为如果受害方可以通过诉诸法律而得到救济，其损失也可以得到修复，那么就不能借口使用武力，只有当一个人在诉诸法律时被拦截时才可以使用武力：因为除非它没有留下这种上诉的补救措施，否则任何东西都不能被视为敌对武力；正是这种武力，使使用它的人陷入战争状态，并使抵抗他变得合法。

A man with a sword in his hand demands my purse in the high-way, when perhaps I have not twelve pence in my pocket: this man I may lawfully kill.

一个手里拿着剑的人在高速公路上索要我的钱包，而我的口袋里可能还没有十二便士：我可以合法地杀死这个人。

To another I deliver 100 pounds to hold only whilst I alight, which he refuses to restore me, when I am got up again, but draws his sword to defend the possession of it by force, if I endeavour to retake it.

我只在下车时交给另一个人，让他拿着100磅，当我再次起身时，他拒绝归还给我，但如果我试图夺回它，他会拔出剑以武力捍卫对它的占有。

The mischief this man does me is a hundred, or possibly a thousand times more than the other perhaps intended me (whom I killed before he really did me any); and yet I might lawfully kill the one, and cannot so much as hurt the other lawfully.

这个人对我造成的恶作剧比另一个人对我造成的恶作剧要多一百倍，甚至可能一千倍（我在他真正对我做任何事之前就杀了他）；然而我可以合法地杀死一个人，却不能合法地伤害另一个人。

The reason whereof is plain; because the one using force, which threatened my life, I could not have time to appeal to the law to secure it: and when it was gone, it was too late to appeal.

原因很简单；因为那个使用武力威胁我生命的人，我没有时间诉诸法律来保护它：当法律消失时，再上诉就太晚了。

The law could not restore life to my dead carcass: the loss was irreparable; which to prevent, the law of nature gave me a right to destroy him, who had put himself into a state of war with me, and threatened my destruction.

法律无法让我的尸体复活：这种损失是无法挽回的；为了防止这种情况发生，自然法赋予我消灭他的权利，因为他与我处于战争状态，并威胁要毁灭我。

But in the other case, my life not being in danger, I may have the benefit of appealing to the law, and have reparation for my 100 pounds that way.

但在另一种情况下，我的生命没有危险，我可能有诉诸法律的好处，并通过这种方式获得我的 100 英镑的赔偿。

Sect.

教派。

208.

Fourthly, But if the unlawful acts done by the magistrate be maintained (by the power he has got), and the remedy which is due by law, be by the same power obstructed; yet the right of resisting, even in such manifest acts of tyranny, will not suddenly, or on slight occasions, disturb the government: for if it reach no farther than some private men’s cases, though they have a right to defend themselves, and to recover by force what by unlawful force is taken from them; yet the right to do so will not easily engage them in a contest, wherein they are sure to perish; it being as impossible for one, or a few oppressed men to disturb the government, where the body of the people do not think themselves concerned in it, as for a raving mad-man, or heady malcontent to overturn a well settled state; the people being as little apt to follow the one, as the other.

第四，但是，如果治安法官的违法行为（通过他所拥有的权力）得以维持，并且法律规定的补救措施也受到同样的权力的阻碍；然而，即使在如此明显的暴政行为中，抵抗的权利也不会突然或在轻微的情况下扰乱政府：因为如果它只涉及到一些私人案件，尽管他们有权自卫，并通过武力收回被非法武力从他们身上夺走的东西；然而，这样做的权利不会轻易让他们参与一场竞争，他们肯定会灭亡。一个或几个受压迫的人不可能扰乱政府，因为人民团体认为自己与政府无关，就像一个胡言乱语的疯子或狂热的不满者不可能推翻一个安定的国家一样。人们和另一种人一样，不太愿意追随其中之一。

Sect.

教派。

209.

But if either these illegal acts have extended to the majority 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.

但如果这些非法行为已经蔓延到大多数人；或者，如果恶作剧和压迫只针对少数人，但在这种情况下，正如先例一样，其后果似乎威胁到所有人；他们的良心相信，他们的法律以及他们的财产、自由和生命都处于危险之中，也许他们的宗教也处于危险之中。我不知道如何阻止他们抵抗针对他们的非法武力。

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.

我承认，这对所有政府来说都是一种不便，当州长们走到这一步时，他们的人民普遍受到怀疑。他们可能把自己置于最危险的境地，在这种境地中，他们是最不值得怜悯的，因为这是很容易避免的；对于一个州长来说，如果他真的是为了他的人民的利益、保护他们以及他们的法律，他不可能不让他们看到和感受到这一点，就像一个家庭的父亲不可能不让他的孩子们看到他爱他们、照顾他们一样。

Sect.

教派。

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?

但如果全世界都观察一种伪装和另一种行为；用来逃避法律的艺术，以及对特权的信任（这是君主手中留下的一种任意权力，用于为人民谋福利，而不是伤害人民），其使用与它所赋予的目的相悖：如果人民发现部长和下级行政长官被选为适合这些目的，并按照他们促进或反对这些目的的比例受到青睐或搁置：如果他们看到一些任意权力的实验，并且宗教受到暗中青睐，（尽管如此）公开宣称反对）最愿意引入它；以及尽可能多地支持其中的运营商；当这无法做到时，但仍然获得批准，并且希望更好：如果一长串行动表明理事会都倾向于这样做；一个人怎么能再阻止自己相信自己的想法，事情正在朝哪个方向发展呢？或者，他是否会考虑如何自救，而不是相信船长正在载着他和连队的其他人前往阿尔及尔，当他发现他总是在那个航线上航行时，尽管横风、船上漏水、缺乏人员和补给，常常迫使他在一段时间内转向另一条航线，一旦风、天气和其他情况允许，他就会稳步返回原来的航线？

CHAPTER.

章。

XIX.

十九。

OF THE DISSOLUTION OF GOVERNMENT.

政府解散。

Sect.

教派。

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.

想要清楚地谈论政府解散的人，首先应该区分社会的解散和政府的解散。

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 commonwealth.

共同体的形成，以及将人们从松散的自然状态带入同一个政治社会，是每个人与其他人达成的协议，将其合并为一个整体，并作为一个整体行动，从而成为一个独特的共同体。

The usual, and almost only way whereby this union is dissolved, is the inroad of foreign force making 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.

解散这一联盟的通常且几乎唯一的方式是外来力量入侵对他们进行征服：因为在这种情况下，（无法作为一个完整而独立的实体维持和支持自己）属于其中的那个实体的联盟必然停止，因此每个人都回到他以前所处的状态，可以自由地在其他社会中为自己转移，并在他认为合适的情况下为自己的安全提供保障。

Whenever the society is dissolved, it is certain the government of that society cannot remain.

当社会解散时，该社会的政府肯定无法继续存在。

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.

因此，征服者的刀剑常常从根本上切断政府，将社会撕成碎片，使被征服或分散的群众与本应保护他们免受暴力侵害的社会的保护和依赖分开。

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.

世界对这种解散政府的方式已经了解得太多了，也太积极了，因此不需要再多说什么了。没有太多的论据可以证明，社会解散了，政府就无法继续存在。这就像当房屋的材料被旋风吹散或消散，或者被地震乱七八糟地乱堆时，房屋的框架不可能继续存在一样。

Sect.

教派。

212.

Besides this over-turning from without, governments are dissolved from within.

除了这种来自外部的颠覆之外，政府还从内部解散。

First, When the legislative is altered.

第一，立法变更时。

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.

公民社会是一种和平状态，在公民社会中，战争状态被排除在他们的立法中规定的裁判之外，以结束他们之间可能出现的所有分歧，正是在他们的立法中，一个联邦的成员团结起来，并结合在一起成为一个连贯的生命体。

This is the soul that gives form, life, and unity, to the commonwealth: 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.

这是赋予共同体形式、生命和统一的灵魂：由此，各个成员之间相互影响、同情和联系：因此，当立法机构被破坏或解散时，随之而来的是解体和死亡：因为社会的本质和联合在于拥有一个意志，立法机构一旦由多数人建立，就拥有声明权，并且可以说是维护该意志的。

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.

立法机关的宪法是社会的首要和基本行为，它规定了在个人的指导下和法律的约束下，社会的联合的延续，这些法律的约束是由获得授权的人制定的，经人民的同意和任命，没有它，任何一个人或其中的一些人都不能有权制定对其他人具有约束力的法律。

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.

当任何一个或多个人委托他们制定法律，而人民没有指定他们这样做时，他们就未经授权制定了法律，因此人民没有义务遵守；通过这种方式，他们可以再次摆脱服从，并可以按照他们认为最好的方式为自己组建一个新的立法机构，拥有充分的自由来抵抗那些未经授权就将任何事情强加于他们的人的力量。

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.

每个人都受自己意志的支配，而那些被社会委托、宣布公共意志的人却被排除在外，而其他没有这种权力或委托的人则篡夺了这个位置。

Sect.

教派。

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.

这种情况通常是由联邦中滥用权力的人造成的；如果不知道发生这种情况的政府形式，就很难正确地认为它是正确的，也很难知道该把它放在谁的门口。

Let us suppose then the legislative placed in the concurrence of three distinct persons.

让我们假设立法是由三个不同的人共同同意的。

(1).

(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.

一个世袭的人，拥有恒定的、最高的、执行权，并有在一定时期内召集和解散另外两个人的权力。

(2).

(2)。

An assembly of hereditary nobility.

世袭贵族的集会。

(3).

(3)。

An assembly of representatives chosen, pro tempore, by the people.

由人民临时选出的代表组成的会议。

Such a form of government supposed, it is evident,

显然，这种形式的政府假定，

Sect.

教派。

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, declared by the legislative, then the legislative is changed: for that being in effect the legislative, whose rules and laws are put in execution, and required to be obeyed; when other laws are set up, and other rules pretended, and inforced, than what the legislative, constituted by the society, have enacted, it is plain that the legislative is changed.

首先，当这样一个人，或者君主，用他自己的任意意志来代替由立法者宣布的法律，即社会的意志时，立法者就被改变了：因为立法者实际上是立法者，其规则和法律被执行，并被要求遵守；当制定了与社会组成的立法机关所颁布的法律不同的其他法律、假装并执行了其他规则时，很明显立法机关已经发生了变化。

Whoever introduces new laws, not being thereunto authorized by the fundamental appointment of the society, or subverts the old, disowns and overturns the power by which they were made, and so sets up a new legislative.

凡是未经社会基本任命授权而提出新法律的人，或颠覆旧法律的人，都否认并推翻了制定这些法律的权力，从而建立了新的立法机构。

Sect.

教派。

215.

Secondly, When the prince hinders the legislative from assembling in its due time, or from acting freely, pursuant to those ends for which it was constituted, the legislative is altered: for it is not a certain number of men, no, nor their meeting, unless they have also freedom of debating, and leisure of perfecting, what is for the good of the society, wherein the legislative consists: when these are taken away or altered, so as to deprive the society of the due exercise of their power, the legislative is truly altered; for it is not names that constitute governments, but the use and exercise of those powers that were intended to accompany them; so that he, who takes away the freedom, or hinders the acting of the legislative in its due seasons, in effect takes away the legislative, and puts an end to the government.

其次，当君主阻止立法机关在适当的时候集会，或者阻止立法机关按照其成立的目的自由行动时，立法机关就被改变了：因为立法机关不是一定数量的人，也不是他们的会议，除非他们也有辩论的自由和完善立法机关所包含的社会利益的闲暇：当这些被取消或改变，从而剥夺了社会适当行使权力时，立法机关就真正被改变了；因为构成政府的不是名称，而是政府所拥有的权力的使用和行使；因此，谁剥夺了自由，或者阻碍了立法机关在适当的时候行事，实际上就剥夺了立法机关，并结束了政府。

Sect.

教派。

216.

Thirdly, When, by the arbitrary power of the prince, the electors, or ways of election, are altered, without the consent, and contrary to the common interest of the people, there also the legislative is altered: for, if others than those whom the society hath authorized thereunto, do chuse, or in another way than what the society hath prescribed, those chosen are not the legislative appointed by the people.

第三，当君主凭借专断权力，在未经人民同意的情况下，违背人民的共同利益而改变选举人或选举方式时，立法机关也随之改变：因为，如果社会授权的人之外的其他人选择或以与社会规定不同的方式进行选择，那么选出的人就不是人民指定的立法机关。

Sect.

教派。

217.

Fourthly, The delivery also of the people into the subjection of a foreign power, either by the prince, or by the legislative, is certainly a change of the legislative, and so a dissolution of the government: for the end why people entered into society being to be preserved one intire, free, independent society, to be governed by its own laws; this is lost, whenever they are given up into the power of another.

第四，无论是由君主还是立法机构将人民置于外国权力的管辖之下，这当然是立法的改变，因此也是政府的解散：因为人们进入社会的目的是为了维护一个完整的、自由的、独立的社会，并受其自己的法律管辖；当他们屈服于他人的力量时，这一点就消失了。

Sect.

教派。

218.

Why, in such a constitution as this, the dissolution of the government in these cases is to be imputed to the prince, is evident; because he, having the force, treasure and offices of the state to employ, and often persuading himself, or being flattered by others, that as supreme magistrate he is uncapable of controul; he alone is in a condition to make great advances toward such changes, under pretence of lawful authority, and has it in his hands to terrify or suppress opposers, as factious, seditious, and enemies to the government: whereas no other part of the legislative, or people, is capable by themselves to attempt any alteration of the legislative, without open and visible rebellion, apt enough to be taken notice of, which, when it prevails, produces effects very little different from foreign conquest.

为什么在这样的宪法中，在这些情况下政府的解散应归咎于君主，这是显而易见的；因为他拥有国家的力量、财富和官职，并且经常说服自己，或者受到别人的奉承，认为作为最高行政长官，他没有能力进行控制；只有他才能以合法权威为幌子，在这种变革方面取得巨大进展，并掌握权力来恐吓或镇压反对派，因为他们是党派分子、煽动分子和政府的敌人：而立法机关的其他部分或人民，没有能力在没有公开和可见的、容易引起注意的叛乱的情况下，独自尝试对立法机关进行任何改变，而一旦叛乱盛行，所产生的效果与外国征服几乎没有什么不同。

Besides, the prince in such a form of government, having the power of dissolving the other parts of the legislative, and thereby rendering them private persons, they can never in opposition to him, or without his concurrence, alter the legislative by a law, his consent being necessary to give any of their decrees that sanction.

此外，在这种政府形式下，君主有权解散立法机构的其他部分，从而使它们成为私人，他们永远不能反对他，或者未经他的同意，通过法律改变立法机构，他们的任何法令都必须得到他的同意才能批准。

But yet, so far as the other parts of the legislative any way contribute to any attempt upon the government, and do either promote, or not, what lies in them, hinder such designs, they are guilty, and partake in this, which is certainly the greatest crime which men can partake of one towards another.

然而，只要立法机构的其他部分以任何方式对政府的任何企图有所贡献，无论是否促进或不促进其中的内容，阻碍这种计划，他们都是有罪的，并参与了这一活动，这无疑是人们对彼此所犯下的最大罪行。

Sec.

秒。

219.There is one way more whereby such a government may be dissolved, and that is: When he who has the supreme executive power, neglects and abandons that charge, so that the laws already made can no longer be put in execution.

219. 还有一种方式可以解散这样的政府，那就是：当拥有最高行政权力的人忽视并放弃这项指控时，已经制定的法律就不再能得到执行。

This is demonstratively to reduce all to anarchy, and so effectually to dissolve the government: for laws not being made for themselves, but to be, by their execution, the bonds of the society, to keep every part of the body politic in its due place and function; when that totally ceases, the government visibly ceases, and the people become a confused multitude, without order or connexion.

这明显地使一切陷入无政府状态，从而有效地解散政府：因为法律不是为自身制定的，而是通过执行成为社会的纽带，使政治体的每个部分保持在其应有的地位和功能；当这种情况完全停止时，政府显然就停止运转了，人民就会变成一群混乱的群众，没有秩序，也没有联系。

Where there is no longer the administration of justice, for the securing of men’s rights, nor any remaining power within the community to direct the force, or provide for the necessities of the public, there certainly is no government left.

如果不再有司法来保障人们的权利，社区内也不再有任何剩余的权力来指挥武力或为公众提供必需品，那么政府肯定就不复存在了。

Where the laws cannot be executed, it is all one as if there were no laws; and a government without laws is, I suppose, a mystery in politics, unconceivable to human capacity, and inconsistent with human society.

法律不能执行的地方，就像没有法律一样；法律不能执行的地方，就如同没有法律一样。我认为，没有法律的政府是政治上的一个谜，是人类无法想象的，也是与人类社会不相容的。

Sect.

教派。

220.

In these and the like cases, when the government is dissolved, the people are at liberty to provide for themselves, by erecting a new legislative, differing from the other, by the change of persons, or form, or both, as they shall find it most for their safety and good: for the society can never, by the fault of another, lose the native and original right it has to preserve itself, which can only be done by a settled legislative, and a fair and impartial execution of the laws made by it.

在这些以及类似的情况下，当政府解散时，人民可以自由地自给自足，通过建立一个与其他政府不同的新立法机构，通过改变人员或形式，或两者兼而有之，因为他们会发现这对他们的安全和利益最有利：因为社会永远不会因为另一个人的过错而失去它必须保护自己的固有的和原始的权利，而这只能通过固定的立法机构和公平公正地执行它所制定的法律来实现。

But the state of mankind is not so miserable that they are not capable of using this remedy, till it be too late to look for any.

但人类的处境还没有悲惨到无法使用这种补救措施，直到寻找任何补救措施时都为时已晚。

To tell people they may provide for themselves, by erecting a new legislative, when by oppression, artifice, or being delivered over to a foreign power, their old one is gone, is only to tell them, they may expect relief when it is too late, and the evil is past cure.

告诉人们，当他们的旧立法机构因压迫、诡计或被移交给外国势力而消失时，他们可以通过建立新的立法机构来养活自己，这只是告诉他们，他们可以期待救济，但为时已晚，邪恶已经无法治愈。

This is in effect no more than to bid them first be slaves, and then to take care of their liberty; and when their chains are on, tell them, they may act like freemen.

这实际上无非是让他们先成为奴隶，然后再照顾他们的自由；当他们戴上锁链时，告诉他们，他们可以像自由人一样行事。

This, if barely so, is rather mockery than relief; and men can never be secure from tyranny, if there be no means to escape it till they are perfectly under it: and therefore it is, that they have not only a right to get out of it, but to prevent it.

即便勉强如此，这也与其说是一种解脱，不如说是一种嘲讽。如果人们没有办法摆脱暴政，除非他们完全处于暴政之下，否则他们永远不可能免受暴政的侵害：因此，他们不仅有权摆脱暴政，而且有权阻止暴政。

Sect.

教派。

221.

There is therefore, secondly, another way whereby governments are dissolved, and that is, when the legislative, or the prince, either of them, act contrary to their trust.

因此，其次，还有另一种解散政府的方式，即当立法者或君主违背其信任行事时。

First, The legislative acts against the trust reposed in them, when they endeavour to invade the property of the subject, and to make themselves, or any part of the community, masters, or arbitrary disposers of the lives, liberties, or fortunes of the people.

首先，当他们试图侵犯臣民的财产，并使自己或社会的任何一部分成为人民的生命、自由或财富的主人或任意处置者时，立法行为就违背了对他们的信任。

Sect.

教派。

222.

The reason why men enter into society, is the preservation of their property; and the end why they chuse and authorize a legislative, is, that there may be laws made, and rules set, as guards and fences to the properties of all the members of the society, to limit the power, and moderate the dominion, of every part and member of the society: for since it can never be supposed to be the will of the society, that the legislative should have a power to destroy that which every one designs to secure, by entering into society, and for which the people submitted themselves to legislators of their own making; whenever the legislators endeavour to take away, and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people, who are thereupon absolved from any farther obedience, and are left to the common refuge, which God hath provided for all men, against force and violence.

人之所以进入社会，是为了保全自己的财产；他们选择和授权立法的目的是，可以制定法律，制定规则，作为社会所有成员财产的守卫和栅栏，以限制社会各部分和成员的权力和调节统治：因为它永远不能被认为是社会的意志，立法者应该有权力摧毁每个人通过进入社会而试图确保的东西，为此人民将自己服从于自己的立法者。制作；每当立法者试图夺走和摧毁人民的财产，或将他们变成专制权力下的奴隶时，他们就将自己置于与人民的战争状态，人民因此不再服从，而被留给上帝为所有人提供的共同避难所，反对武力和暴力。

Whensoever therefore the legislative shall transgress this fundamental rule of society; and either by ambition, fear, folly or corruption, endeavour to grasp themselves, or put into the hands of any other, an absolute power over the lives, liberties, and estates of the people; by this breach of trust they forfeit the power the people had put into their hands for quite contrary ends, and it devolves to the people, who have a right to resume their original liberty, and, by the establishment of a new legislative, (such as they shall think fit) provide for their own safety and security, which is the end for which they are in society.

因此，每当立法违反这一社会基本规则时；通过野心、恐惧、愚蠢或腐败，试图掌握对人民生命、自由和财产的绝对权力，或将其置于他人手中；由于这种违反信任的行为，他们丧失了人民为了完全相反的目的而交到他们手中的权力，权力转移到人民手中，人民有权恢复原来的自由，并通过建立新的立法机构（如他们认为合适的）来保障自己的安全和保障，这就是他们在社会中的目的。

What I have said here, concerning the legislative in general, holds true also concerning the supreme executor, who having a double trust put in him, both to have a part in the legislative, and the supreme execution of the law, acts against both, when he goes about to set up his own arbitrary will as the law of the society.

我在这里所说的关于一般立法的内容也适用于最高执行者，最高执行者受到双重信任，既参与立法，又参与法律的最高执行，当他打算将自己的任意意志确立为社会法律时，他的行为就违背了两者。

He acts also contrary to his trust, when he either employs the force, treasure, and offices of the society, to corrupt the representatives, and gain them to his purposes; or openly preengages the electors, and prescribes to their choice, such, whom he has, by sollicitations, threats, promises, or otherwise, won to his designs; and employs them to bring in such, who have promised before-hand what to vote, and what to enact.

当他利用社会的力量、财富和职位来腐蚀代表并争取他们达到他的目的时，他的行为也违背了他的信任；或公开预先与选民接触，并规定他们的选择，这些人是他通过招揽、威胁、承诺或其他方式赢得的；并雇用他们引进这样的人，他们事先承诺要投票什么，要颁布什么。

Thus to regulate candidates and electors, and new-model the ways of election, what is it but to cut up the government by the roots, and poison the very fountain of public security?

如此规范候选人、选举人，创新选举方式，何尝不是从根本上斩断政府，毒害公共安全的源泉呢？

for the people having reserved to themselves the choice of their representatives, as the fence to their properties, could do it for no other end, but that they might always be freely chosen, and so chosen, freely act, and advise, as the necessity of the commonwealth, and the public good should, upon examination, and mature debate, be judged to require.

因为人民保留了对代表的选择权，作为他们财产的栅栏，这样做没有其他目的，而是为了让他们永远可以自由选择，并且如此选择，自由行动和提出建议，因为联邦和公共利益的必要性应该经过审查和成熟的辩论来判断。

This, those who give their votes before they hear the debate, and have weighed the reasons on all sides, are not capable of doing.

这是那些在听辩论之前就投票并权衡了各方理由的人做不到的。

To prepare such an assembly as this, and endeavour to set up the declared abettors of his own will, for the true representatives of the people, and the law-makers of the society, is certainly as great a breach of trust, and as perfect a declaration of a design to subvert the government, as is possible to be met with.

筹备这样的会议，并努力为人民的真正代表和社会的立法者设立自己意愿的公开教唆者，这无疑是对信任的极大破坏，也是对颠覆政府企图的完美宣告。

To which, if one shall add rewards and punishments visibly employed to the same end, and all the arts of perverted law made use of, to take off and destroy all that stand in the way of such a design, and will not comply and consent to betray the liberties of their country, it will be past doubt what is doing.

对此，如果一个人为了同一目的而明显地增加奖励和惩罚，并利用所有扭曲的法律艺术来消除和摧毁所有阻碍这一计划的东西，并且不遵守和同意背叛他们国家的自由，那么他在做什么就毫无疑问了。

What power they ought to have in the society, who thus employ it contrary to the trust went along with it in its first institution, is easy to determine; and one cannot but see, that he, who has once attempted any such thing as this, cannot any longer be trusted.

他们在社会中应该拥有什么权力，因为他们如此使用权力，违背了最初建立时所伴随的信任；但他们应该拥有什么权力，这是很容易确定的。人们不能不看到，曾经尝试过这样的事情的他，再也不能被信任了。

Sect.

教派。

223.

To this perhaps it will be said, that the people being ignorant, and always discontented, to lay the foundation of government in the unsteady opinion and uncertain humour of the people, is to expose it to certain ruin; and no government will be able long to subsist, if the people may set up a new legislative, whenever they take offence at the old one.

对此，也许有人会说，人民无知，总是不满，把政府的基础建立在人民不稳定的意见和不确定的情绪上，就会使政府面临一定的毁灭；如果人民每当对旧立法感到不满时就可以建立新的立法，那么任何政府都无法长期存在。

To this I answer, Quite the contrary.

对此我的回答是：恰恰相反。

People are not so easily got out of their old forms, as some are apt to suggest.

人们并不像有些人认为的那样那么容易摆脱旧有的形式。

They are hardly to be prevailed with to amend the acknowledged faults in the frame they have been accustomed to.

他们很难被说服去修正他们已经习惯的框架中已知的错误。

And if there be any original defects, or adventitious ones introduced by time, or corruption; it is not an easy thing to get them changed, even when all the world sees there is an opportunity for it.

是否存在任何原始缺陷，或因时间而引入的外来缺陷，或腐败；改变它们并不是一件容易的事，即使全世界都看到了改变的机会。

This slowness and aversion in the people to quit their old constitutions, has, in the many revolutions which have been seen in this kingdom, in this and former ages, still kept us to, or, after some interval of fruitless attempts, still brought us back again to our old legislative of king, lords and commons: and whatever provocations have made the crown be taken from some of our princes heads, they never carried the people so far as to place it in another line.

人民对放弃旧宪法的迟缓和厌恶，在这个王国、今世和前世所发生的许多革命中，仍然让我们坚持下去，或者在经过一段时间徒劳的尝试之后，仍然让我们回到国王、贵族和下议院的旧立法：无论什么挑衅使王冠从我们的一些王子的头上被夺走，他们从来没有把人民带到把它放在另一条线的程度。

Sect.

教派。

224.

But it will be said, this hypothesis lays a ferment for frequent rebellion.

但有人会说，这种假设为频繁的叛乱埋下了祸根。

To which I answer,

我对此的回答是，

First, No more than any other hypothesis: for when the people are made miserable, and find themselves exposed to the ill usage of arbitrary power, cry up their governors, as much as you will, for sons of Jupiter; let them be sacred and divine, descended, or authorized from heaven; give them out for whom or what you please, the same will happen.

首先，与任何其他假设一样：因为当人民变得悲惨，并发现自己面临专制权力的滥用时，尽你所能地为朱庇特之子们哭泣他们的统治者；让它们是神圣的、神圣的、从天上下来的或授权的；把它们送给你喜欢的人或你喜欢的东西，同样的情况也会发生。

The people generally ill treated, and contrary to right, will be ready upon any occasion to ease themselves of a burden that sits heavy upon them.

人民普遍受到虐待，与正义背道而驰，他们随时准备减轻压在他们身上的沉重负担。

They will wish, and seek for the opportunity, which in the change, weakness and accidents of human affairs, seldom delays long to offer itself.

他们会希望并寻求机会，而在人类事务的变化、弱点和意外中，这种机会很少会迟迟不来。

He must have lived but a little while in the world, who has not seen examples of this in his time; and he must have read very little, who cannot produce examples of it in all sorts of governments in the world.

他在这个世界上生活的时间一定很短，在他那个时代还没有见过这样的例子。他读的书肯定很少，无法举出世界上各种政府的例子。

Sect.

教派。

225.

Secondly, I answer, such revolutions happen not upon every little mismanagement in public affairs.

其次，我回答说，这样的革命并不是因为公共事务中每一个小小的管理不善而发生的。

Great mistakes in the ruling part, many wrong and inconvenient laws, and all the slips of human frailty, will be born by the people without mutiny or murmur.

统治者犯下的重大错误，许多错误和不便的法律，以及人性弱点的一切失误，都将由人民承担，而不会叛变或抱怨。

But if a long train of abuses, prevarications and artifices, all tending the same way, make the design visible to the people, and they cannot but feel what they lie under, and see whither they are going; it is not to be wondered, that they should then rouze themselves, and endeavour to put the rule into such hands which may secure to them the ends for which government was at first erected; and without which, ancient names, and specious forms, are so far from being better, that they are much worse, than the state of nature, or pure anarchy; the inconveniencies being all as great and as near, but the remedy farther off and more difficult.

但是，如果一长串的谩骂、推诿和诡计，全都朝着同一个方向，使设计对人们可见，他们就不得不感觉到他们所面对的是什么，看看他们要去哪里；毫不奇怪，他们应该鼓起勇气，努力将规则交到这样的人手中，以确保他们实现政府最初建立的目的。如果没有这些，古老的名字和似是而非的形式就远远比自然状态或纯粹的无政府状态更糟糕。不便之处既大又近，但补救办法却更远、更困难。

Sect.

教派。

226.

Thirdly, I answer, that this doctrine of a power in the people of providing for their safety a-new, by a new legislative, when their legislators have acted contrary to their trust, by invading their property, is the best fence against rebellion, and the probablest means to hinder it: for rebellion being an opposition, not to persons, but authority, which is founded only in the constitutions and laws of the government; those, whoever they be, who by force break through, and by force justify their violation of them, are truly and properly rebels: for when men, by entering into society and civil-government, have excluded force, and introduced laws for the preservation of property, peace, and unity amongst themselves, those who set up force again in opposition to the laws, do rebellare, that is, bring back again the state of war, and are properly rebels: which they who are in power, (by the pretence they have to authority, the temptation of force they have in their hands, and the flattery of those about them) being likeliest to do; the properest way to prevent the evil, is to shew them the danger and injustice of it, who are under the greatest temptation to run into it.

第三，我的回答是，当立法者违反他们的信任，侵犯他们的财产时，人民有权通过新的立法机构重新保障他们的安全，这是防止叛乱的最佳栅栏，也是阻碍叛乱的最可能的手段：因为叛乱不是针对个人，而是针对权威，而权威只建立在政府的宪法和法律中；那些以武力突破并以武力为侵犯法律辩护的人，无论是谁，都是真正的、正当的反叛者：因为当人们通过进入社会和公民政府，排除了武力，并引入了维护财产、和平和内部团结的法律时，那些再次建立武力反对法律的人，就是叛乱，也就是说，再次回到战争状态，是真正的反叛者：那些掌权的人（假装他们拥有权威，他们手中的权力诱惑和周围人的奉承）是最有可能做的事；防止邪恶的最正确方法，就是向那些最容易陷入邪恶的人展示邪恶的危险和不公正。

Sect.

教派。

227.

In both the fore-mentioned cases, when either the legislative is changed, or the legislators act contrary to the end for which they were constituted; those who are guilty are guilty of rebellion: for if any one by force takes away the established legislative of any society, and the laws by them made, pursuant to their trust, he thereby takes away the umpirage, which every one had consented to, for a peaceable decision of all their controversies, and a bar to the state of war amongst them.

在上述两种情况下，当立法发生变更，或者立法者的行为与其成立目的相悖时；那些有罪的人就犯了叛乱罪：因为如果任何人用武力剥夺了任何社会的既定立法机构以及他们根据他们的信任制定的法律，他就因此取消了所有人都同意的仲裁权，以和平地解决他们所有的争议，并禁止他们之间的战争状态。

They, who remove, or change the legislative, take away this decisive power, which no body can have, but by the appointment and consent of the people; and so destroying the authority which the people did, and no body else can set up, and introducing a power which the people hath not authorized, they actually introduce a state of war, which is that of force without authority: and thus, by removing the legislative established by the society, (in whose decisions the people acquiesced and united, as to that of their own will) they untie the knot, and expose the people a-new to the state of war, And if those, who by force take away the legislative, are rebels, the legislators themselves, as has been shewn, can be no less esteemed so; when they, who were set up for the protection, and preservation of the people, their liberties and properties, shall by force invade and endeavour to take them away; and so they putting themselves into a state of war with those who made them the protectors and guardians of their peace, are properly, and with the greatest aggravation, rebellantes, rebels.

他们取消或改变立法机构，就剥夺了这种决定性权力，除非经过人民的任命和同意，任何机构都无法拥有这种决定性权力；因此，他们破坏了人民所拥有的、其他任何机构都无法建立的权威，并引入了人民未授权的权力，实际上引入了一种战争状态，即没有权威的武力状态：因此，通过废除社会建立的立法机构（人民默许并联合起来的决定，就其自己的意愿而言），他们解开了结，使人民重新陷入战争状态。正如已经表明的那样，立法者本身也同样受到如此的尊重。当他们为保护和维护人民及其自由和财产而设立时，将武力入侵并试图将其夺走；因此，他们与那些让他们成为和平的保护者和守护者的人处于战争状态，他们是适当的，而且是最严重的叛逆者，叛逆者。

Sect.

教派。

228.

But if they, who say it lays a foundation for rebellion, mean that it may occasion civil wars, or intestine broils, to tell the people they are absolved from obedience when illegal attempts are made upon their liberties or properties, and may oppose the unlawful violence of those who were their magistrates, when they invade their properties contrary to the trust put in them; and that therefore this doctrine is not to be allowed, being so destructive to the peace of the world: they may as well say, upon the same ground, that honest men may not oppose robbers or pirates, because this may occasion disorder or bloodshed.

但是，如果他们说这为叛乱奠定了基础，那么他们的意思是，当人民的自由或财产受到非法企图时，他们可以告诉人民，他们可以免除服从，当他们违背对他们的信任入侵他们的财产时，他们可以反对他们的行政官的非法暴力，这可能会引起内战或肠子骚乱；因此，这种学说是不被允许的，因为它对世界和平具有如此大的破坏性：他们也可以基于同样的理由说，诚实的人不得反对强盗或海盗，因为这可能会引起骚乱或流血。

If any mischief come in such cases, it is not to be charged upon him who defends his own right, but on him that invades his neighbours.

如果在这种情况下发生任何恶作剧，不应归咎于捍卫自己权利的人，而应归咎于侵略邻国的人。

If the innocent honest man must quietly quit all he has, for peace sake, to him who will lay violent hands upon it, I desire it may be considered, what a kind of peace there will be in the world, which consists only in violence and rapine; and which is to be maintained only for the benefit of robbers and oppressors.

如果一个无辜诚实的人必须为了和平而悄悄地放弃他所拥有的一切，交给那些对它施加暴力的人，我希望人们可以考虑一下，世界上将有一种什么样的和平，而这个世界只存在于暴力和掠夺之中；维护它只是为了强盗和压迫者的利益。

Who would not think it an admirable peace betwix the mighty and the mean, when the lamb, without resistance, yielded his throat to be torn by the imperious wolf?

当羔羊毫无抵抗地让自己的喉咙被专横的狼撕断时，谁会不认为这是强者与弱者之间令人钦佩的和平呢？

Polyphemus’s den gives us a perfect pattern of such a peace, and such a government, wherein Ulysses and his companions had nothing to do, but quietly to suffer themselves to be devoured.

波吕斐摩斯的巢穴为我们提供了这样一个和平和这样一个政府的完美模式，尤利西斯和他的同伴们在其中无所事事，只能静静地忍受自己被吞噬。

And no doubt Ulysses, who was a prudent man, preached up passive obedience, and exhorted them to a quiet submission, by representing to them of what concernment peace was to mankind; and by shewing the inconveniences might happen, if they should offer to resist Polyphemus, who had now the power over them.

毫无疑问，尤利西斯是一个谨慎的人，他向人们展示了和平对人类的关心，宣扬被动服从，并劝告他们安静地服从。并表明，如果他们提出抵抗现在拥有控制他们力量的波吕斐摩斯，可能会发生不便。

Sect.

教派。

229.

The end of government is the good of mankind; and which is best for mankind, that the people should be always exposed to the boundless will of tyranny, or that the rulers should be sometimes liable to be opposed, when they grow exorbitant in the use of their power, and employ it for the destruction, and not the preservation of the properties of their people?

政府的终结是人类的福祉；人民应该永远暴露在暴政的无限意志之下，或者当统治者过度使用权力并用它来破坏而不是保护人民的财产时，他们有时会受到反对，这对人类来说是最好的？

Sect.

教派。

230.

Nor let any one say, that mischief can arise from hence, as often as it shall please a busy head, or turbulent spirit, to desire the alteration of the government.

也不要有人说，只要忙碌的头脑或暴躁的精神想要改变政府，就会因此而产生恶作剧。

It is true, such men may stir, whenever they please; but it will be only to their own just ruin and perdition: for till the mischief be grown general, and the ill designs of the rulers become visible, or their attempts sensible to the greater part, the people, who are more disposed to suffer than right themselves by resistance, are not apt to stir.

确实，这样的人可以随心所欲地搅动。但这只会导致他们自己正义的毁灭和灭亡：因为除非祸害蔓延到普遍，统治者的恶意图谋变得明显，或者他们的企图为大多数人所察觉，否则人民更愿意遭受苦难，而不是通过抵抗来纠正自己的错误。

The examples of particular injustice, or oppression of here and there an unfortunate man, moves them not.

特别不公正的例子，或者时不时地压迫不幸的人的例子，并没有打动他们。

But if they universally have a persuation, grounded upon manifest evidence, that designs are carrying on against their liberties, and the general course and tendency of things cannot but give them strong suspicions of the evil intention of their governors, who is to be blamed for it?

但是，如果他们基于明显的证据普遍相信，正在有阴谋侵犯他们的自由，而事情的总体进程和趋势不能不让他们强烈怀疑他们的统治者的邪恶意图，那么谁应该为此受到指责呢？

Who can help it, if they, who might avoid it, bring themselves into this suspicion?

如果他们本可以避免这种情况，却陷入了这种怀疑之中，谁又能帮助呢？

Are the people to be blamed, if they have the sense of rational creatures, and can think of things no otherwise than as they find and feel them?

如果人们具有理性生物的感觉，并且只能按照他们发现和感受的方式来思考事物，那么他们应该受到指责吗？

And is it not rather their fault, who put things into such a posture, that they would not have them thought to be as they are?

难道不是他们的错吗？他们把事物摆成这样的姿态，以至于他们不希望事物如其本来面目那样？

I grant, that the pride, ambition, and turbulency of private men have sometimes caused great disorders in commonwealths, and factions have been fatal to states and kingdoms.

我承认，私人的骄傲、野心和骚乱有时会在联邦中造成巨大的混乱，派系之争对国家和王国来说是致命的。

But whether the mischief hath oftener begun in the peoples 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.

但是，这种祸害是否更多地始于人民的肆意妄为，想要摆脱统治者的合法权威，还是源于统治者的傲慢，并试图获得并对其人民行使专制权力？无论是压迫，还是不服从，首先导致了混乱，我将其留给公正的历史来决定。

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, is highly 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.

我确信，无论谁，无论是统治者还是臣民，用武力侵犯君主或人民的权利，并为推翻任何公正政府的宪法和框架奠定基础，都犯下了最大的罪行，我认为，一个人有能力对所有那些流血、掠夺和荒凉的祸害负责，这些祸害是政府瓦解给一个国家带来的。

And he who does it, is justly to be esteemed the common enemy and pest of mankind, and is to be treated accordingly.

这样做的人理应被视为人类的共同敌人和害虫，并应受到相应的对待。

Sect.

教派。

231.

That subjects or foreigners, attempting by force on the properties of any people, may be resisted with force, is agreed on all hands.

全体人民都同意，臣民或外国人企图以武力侵占任何人民的财产时，可能会遭到武力抵抗。

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.

但是，行政官做同样的事情可能会受到抵制，但最近却被否认了：仿佛那些通过法律享有最大特权和优势的人因此有权违反这些法律，仅凭这些法律，他们就比他们的弟兄们处于更好的地位：而他们的罪行因此更大，既因为他们不感激他们通过法律享有的更大份额，也因为破坏了他们的弟兄们交给他们的信任。

Sect.

教派。

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.

任何人在没有权利的情况下使用武力，正如社会上每个人所做的那样，在没有法律的情况下使用武力，他就会与他所针对的人陷入战争状态；在这种状态下，所有以前的联系都被取消，所有其他权利都停止了，每个人都有权保卫自己并抵抗侵略者。

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 shew, that the divine law shuts up the people from all manner of rebellion.

这一点是如此明显，以至于巴克莱本人，这位国王的权力和神圣性的伟大拥护者，被迫承认，在某些情况下，人民反抗他们的国王是合法的；但在某些情况下，人民反抗他们的国王是合法的。在他假装表明神圣律法禁止人们进行任何形式的叛乱的一章中也是如此。

Whereby it is evident, even by his own doctrine, that, since they may in some cases resist, all resisting of princes is not rebellion.

由此可见，即使从他自己的学说来看，既然君主在某些情况下可能会反抗，那么所有君主的反抗都不是叛乱。

His words are these.

他的话是这些。

Quod siquis dicat, Ergone populus tyrannicae crudelitati & furori jugulum semper praebebit?

Quod siquis dicat、Ergone populus tyrannicae roughlitati 和 Furori jugulum semper praebebit？

Ergone multitude civitates suas fame, ferro, & flamma vastari, seque, conjuges, & liberos fortunae ludibrio & tyranni libidini exponi, inque omnia vitae pericula omnesque miserias & molestias a rege deduci patientur?

Ergone 大众 civitates suas 名声、铁和 flamma 瓦斯塔里、序列、 conjuges 和 liberos fortunae ludibrio 和 tyranni libidini exponi，inqueomnia vitae pericula omnesque 苦难和 molestias 一个 rege deduci 病人？

Num illis quod omni animantium generi est a natura tributum, denegari debet, ut sc.

Num illis quod Omni animantium generic est a natura tributum, denegari debet, ut sc.

vim vi repellant, seseq; ab injuria, tueantur?

vim vi 驱虫剂，seseq； 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.

休伊克·布雷维特（Huic breviter）回应坐，人民普遍反对，自然法，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 & 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: & restituendae injuriae illatae, non recedendi a debita reverentia propter acceptam injuriam.

Quapropter si rex 非单数 tantum personas aliquot privatum odium exerceat、sed corpus etiam reipublicae、cujus ipse caput est，即 totum populum、vel insignem aliquam ejuspartem immani 和不容忍 saevitia seu tyrannide divexet； Populo, quidem hoc casu casu casu resenddi ac tuendi se ab injuria potestas competit, sed tuendi se tantum, non enim in principem warndi: & Restituendae injuriae illatae, non receendi a debita reverentia propter Acceptam injuriam.

Praesentem denique impetum propulsandi non vim praeteritam ulciscenti jus habet.

Praesentem denique impetum propulsandi non vim praeteritam ulciscenti jus habet。

Horum enim alterum a natura est, ut vitam scilicet corpusque tueamur.

Horum enim alterum a nature est, ut vitam scilicet corpusque tueamur.

Alterum vero contra naturam, ut inferior de superiori supplicium sumat.

Alterum vero contra naturam, ut lower de upperi suplicium 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.

Quod itaque populus malum, antequam factum sat, impedire potest, ne fiat, id postquam factum est, in regem writerem sceleris vindicare non potest: populus igitur hoc amplius quam quispiam habet: quod huic, vel ipsis adversariis judicibus, excepto Buchanano, nullum nisi in Patientia Remedium超级。

Cum ille si intolerabilis tyrannus est (modicum enim ferre omnino debet) resistere cum reverentia possit, Barclay contra Monarchom.

Cum ille si intolerabilis tyrannus est (modicum enim ferreomno debet) resistere cum reverentia possit, Barclay contra Monarchom.

iii.

三.

In English thus:

英语如下：

Sect.

教派。

233.

But if any one should ask, Must the people then always lay themselves open to the cruelty and rage of tyranny?

但如果有人问，那么，人民是否必须始终暴露在暴政的残酷和愤怒之下？

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?

难道他们必须眼睁睁地看着自己的城市被掠夺，化为灰烬，自己的妻子和孩子暴露在暴君的欲望和愤怒之下，自己和家人被他们的国王毁于一旦，以及所有匮乏和压迫的痛苦，却仍袖手旁观吗？

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?

人类是否必须被剥夺以武力对抗的共同特权，而大自然却如此自由地允许所有其他生物免受伤害？

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.

我的回答是：自卫是自然法的一部分；即使反对国王本人，也不能否认社区的存在；但决不允许他们向国王报仇。它不同意该法律。

Wherefore if the king shall shew 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 tyrannize 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.

因此，如果国王不仅对某些特定的人表现出仇恨，而且还针对以他为首的国家整体，并以令人无法容忍的恶行，对全体人民或相当一部分人民进行残酷的暴政，在这种情况下，人民有权抵抗并保护自己免受伤害：但必须谨慎，他们只保护自己，但不攻击他们的君主：他们可以修复所受到的损害，但不得为了任何挑衅行为都超出了应有的崇敬和尊重的范围。

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.

他们可以抵制当前的尝试，但绝不能报复过去的暴力：因为保护生命和肢体对我们来说是自然的，但下等人应该惩罚上等人，这是违反自然的。

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.

人们可以在他们设计的恶作剧发生之前阻止它；但当事情完成后，他们绝不能向国王报复，尽管他们是恶行的始作俑者。

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.

因此，这是一般人民的特权，高于任何私人所拥有的特权。我们的对手（仅布坎南除外）允许特定的人除了耐心之外没有其他补救办法；但人民团体可以怀着敬意抵制不可容忍的暴政；因为只要适度，他们就应该忍受。

Sect.

教派。

234.

Thus far that great advocate of monarchical power allows of resistance.

到目前为止，这位君主权力的伟大倡导者允许抵抗。

Sect.

教派。

235.

It is true, he has annexed two limitations to it, to no purpose:

确实，他附加了两个限制，但没有任何目的：

First, He says, it must be with reverence.

他说，首先，必须怀着敬畏之心。

Secondly, It must be without retribution, or punishment; and the reason he gives is, because an inferior cannot punish a superior.

其次，必须不受报应、惩罚；他给出的理由是，下级不能惩罚上级。

First, How to resist force without striking again, or how to strike with reverence, will need some skill to make intelligible.

首先，如何抵挡不重击，或者如何恭敬地击击，需要一些技巧才能让人明白。

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.

如果一个人只用盾牌来抵御攻击，或者以任何更恭敬的姿势，但手里没有剑，以削弱攻击者的信心和力量，那么他很快就会结束抵抗，并且会发现这样的防御只会给自己招来更糟糕的攻击。

This is as ridiculous a way of resisting, as juvenal thought it of fighting; ubi tu pulsas, ego vapulo tantum.

这是一种荒谬的抵抗方式，就像年轻人认为的战斗一样。 ubi tu pulsas, ego vapulo tantum。

And the success of the combat will be unavoidably the same he there describes it:

战斗的成功将不可避免地与他所描述的一样：

/*[4] -----Libertas pauperis haec est: Pulsatus rogat, et pugnis concisus, adorat, Ut liceat paucis cum dentibus inde reverti.

/*[4] -----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.

这将永远是这种想象中的抵抗事件，人们可能不会再次罢工。

He therefore who may resist, must be allowed to strike.

因此，谁可以反抗，就必须允许谁罢工。

And then let our author, or any body else, join a knock on the head, or a cut on the face, with as much reverence and respect as he thinks fit.

然后让我们的作者，或任何其他人，以他认为合适的方式加入敲头或划伤脸部的行列。

He that can reconcile blows and reverence, may, for aught I know, desire for his pains, a civil, respectful cudgeling where-ever he can meet with it.

据我所知，能够调和打击与尊敬的人可能会渴望自己的痛苦，无论他在哪里遇到，都会受到文明的、尊重的殴打。

Secondly, As to his second, An inferior cannot punish a superior; that is true, generally speaking, whilst he is his superior.

其次，第二，下级不能惩罚上级，下级不能惩罚上级。一般来说，这是事实，尽管他是他的上级。

But to resist force with force, being the state of war that levels the parties, cancels all former relation of reverence, respect, and superiority: and then the odds that remains, is, that he, who opposes the unjust agressor, has this superiority over him, that he has a right, when he prevails, to punish the offender, both for the breach of the peace, and all the evils that followed upon it.

但是，以武力抵抗，作为使各方平等的战争状态，取消了所有以前的崇敬、尊重和优越关系：然后剩下的可能性是，反对不公正侵略者的人比他拥有这种优越性，当他获胜时，他有权惩罚侵犯者，因为他们破坏了和平，以及随之而来的所有邪恶。

Barclay therefore, in another place, more coherently to himself, denies it to be lawful to resist a king in any case.

因此，巴克莱在另一个地方，他本人更加连贯地否认在任何情况下抵抗国王都是合法的。

But he there assigns two cases, whereby a king may un-king himself.

但他在那里指定了两种情况，国王可以自行废黜国王。

His words are,

他的话是，

Quid ergo, nulline casus incidere possunt quibus populo sese erigere atque in regem impotentius dominantem arma capere & invadere jure suo suaque authoritate liceat?

因此，没有任何理由可以让人民在政权中失去统治地位并入侵法律并获得授权吗？

Nulli certe quamdiu rex manet.

毫无疑问雷克斯·马奈。

Semper enim ex divinis id obstat, Regem honorificato; & qui potestati resistit, Dei ordinationi resisit: non alias igitur in eum populo potestas est quam si id committat propter quod ipso jure rex esse desinat.

Semper enim ex divinis id obstat, Regem Honorificato； & qui potestati resistit, Dei ordinationi resisit: non alias igitur in eum populo potestas est quam si id committat propter quod ipso jure rex esse desinat.

Tunc enim se ipse principatu exuit atque in privatis constituit liber: hoc modo populus & superior efficitur, reverso ad eum sc.

Tunc enim se ipse principatu exuit atque in privatis constituit liber: hoc modo populus & Superior efficitur, reverso ad eum sc.

jure illo quod ante regem inauguratum in interregno habuit.

Jure illo quod ante regem inauguratum in interregno habuit。

At sunt paucorum generum commissa ejusmodi quae hunc effectum pariunt.

At sunt paucorum generic commissa ejusmodi quae hunceffectum pariunt。

At ego cum plurima animo perlustrem, duo tantum invenio, duos, inquam, casus quibus rex ipso facto ex rege non regem se facit & omni honore & dignitate regali atque in subditos potestate destituit; quorum etiam meminit Winzerus.

At ego cum plurima animo perlustrem, duo tantum invenio, duos, inquam, casus quibus rex ipso facto ex rege non regem se facit &omni Honore & dignitate regali atque in subditos potestate destituit;法定人数 etiam meminit Winzerus。

Horum unus est, Si regnum disperdat, quemadmodum de Nerone fertur, quod is nempe senatum populumque Romanum, atque adeo urbem ipsam ferro flammaque vastare, ac novas sibi sedes quaerere decrevisset.

何鲁姆一世，Si regnum 分散，quemadmodum de Nerone fertur，quod is nempe senatum populumque Romanum，atque adeo urbem ipsam fero flammaque badare，ac novas sibi sedes quaerere decrevisset。

Et de Caligula, quod palam denunciarit se neque civem neque principem senatui amplius fore, inque animo habuerit interempto utriusque ordinis electissimo quoque Alexandriam commigrare, ac ut populum uno ictu interimeret, unam ei cervicem optavit.

等卡里古拉，他的声明中说：“我的公民没有原则性的权利，在亚历山大的选举中，我的意愿是暂时的，我的人民是临时的，我是一个公民。”

Talia cum rex aliquis meditator & molitur serio, omnem regnandi curam & animum ilico abjicit, ac proinde imperium in subditos amittit, ut dominus servi pro derelicto habiti dominium.

Talia cum rex aliquis meditator & molitur serio, omnem regnandi curam & animum ilico abjicit, ac proinde imperium in subditos amittit, ut dominusservi pro derelictohabiti dominium.

Sect.

教派。

236.

Alter casus est, Si rex in alicujus clientelam se contulit, ac regnum quod liberum a majoribus & populo traditum accepit, alienae ditioni mancipavit.

改变理由，霸王龙在 alicujus clientelam se contulit，ac regnum quod liberum a Majoribus & populo traditum accepit，alienae ditioni mancipavit。

Nam tunc quamvis forte non ea mente id agit populo plane ut incommodet: tamen quia quod praecipuum est regiae dignitatis amifit, ut summus scilicet in regno secundum Deum sit, & solo Deo inferior, atque populum etiam totum ignorantem vel invitum, cujus libertatem sartam & tectam conservare debuit, in alterius gentis ditionem & potestatem dedidit; hac velut quadam regni ab alienatione effecit, ut nec quod ipse in regno imperium habuit retineat, nec in eum cui collatum voluit, juris quicquam transferat; atque ita eo facto liberum jam & suae potestatis populum relinquit, cujus rei exemplum unum annales Scotici suppeditant.

Nam tunc quamvis forte non ea mente id agit populoplane ut incommodet: tamen quia quod praecipuum est regiae dignitatis amifit, ut summus scilicet in regno secundum Deum sat, & 独奏 Deo 下级, atque populum etiam totum ignorantem vel invitum, cujus libertatem sartam & tectam conservare debuit，in alterius gentis ditionem & potestatem dediit； hac velutquadam regni ab Aliatione effecit, ut nec quod ipse in regno imperium habuit retineat, nec in eum cui collatum voluit, juris quicquam Transferat; atque ita eo facto liberum jam & suae potestatis populum relinquit, cujus rei exemplum unum anles Scotici supeditant.

Barclay contra Monarchom.

巴克莱反对君主。

iii.

三.

16.

Which in English runs thus:

英文的意思是这样的：

Sect.

教派。

237.

What then, can there no case happen wherein the people may of right, and by their own authority, help themselves, take arms, and set upon their king, imperiously domineering over them?

那么，难道人民不能凭自己的权力自助，拿起武器，攻击他们的国王，对他们进行专横的统治吗？

None at all, whilst he remains a king.

一点也没有，只要他仍然是国王。

Honour the king, and he that resists the power, resists the ordinance of God; are divine oracles that will never permit it, The people therefore can never come by a power over him, unless he does something that makes him cease to be a king: for then he divests himself of his crown and dignity, and returns to the state of a private man, and the people become free and superior, the power which they had in the interregnum, before they crowned him king, devolving to them again.

尊敬国王，抗拒权力的人就是抗拒上帝的命令；因此，人民永远不可能通过权力凌驾于他之上，除非他做了一些事情，使他不再是国王：因为那时他就剥夺了自己的王冠和尊严，回到了普通人的状态，而人民则变得自由和优越，他们在加冕他为国王之前在空位期所拥有的权力再次移交给他们。

But there are but few miscarriages which bring the matter to this state.

但很少有流产会导致事情发展到这种地步。

After considering it well on all sides, I can find but two.

在全面考虑之后，我只能找到两个。

Two cases there are, I say, whereby a king, ipso facto, becomes no king, and loses all power and regal authority over his people; which are also taken notice of by Winzerus.

我想说，有两种情况，即国王实际上不再是国王，并失去对其人民的所有权力和王权； Winzerus 也注意到了这一点。

The first is, If he endeavour to overturn the government, that is, if he have a purpose and design to ruin the kingdom and commonwealth, as it is recorded of Nero, that he resolved to cut off the senate and people of Rome, lay the city waste with fire and sword, and then remove to some other place.

第一个是，如果他企图推翻政府，也就是说，如果他有毁灭王国和共和国的目的和意图，正如尼禄所记载的那样，他决心切断罗马元老院和人民的联系，用火和剑将这座城市夷为平地，然后转移到其他地方。

And of Caligula, that he openly declared, that he would be no longer a head to the people or senate, and that he had it in his thoughts to cut off the worthiest men of both ranks, and then retire to Alexandria: and he wisht that the people had but one neck, that he might dispatch them all at a blow, Such designs as these, when any king harbours in his thoughts, and seriously promotes, he immediately gives up all care and thought of the commonwealth; and consequently forfeits the power of governing his subjects, as a master does the dominion over his slaves whom he hath abandoned.

至于卡里古拉，他公开宣布，他将不再担任人民或元老院的首脑，他的想法是砍掉两级中最有价值的人，然后退到亚历山大：他希望人民只有一根脖子，这样他就可以一下子消灭他们。当任何国王怀有这样的计划并认真推动时，他立即放弃对共和国的所有关心和思考；因此，他就丧失了统治其臣民的权力，就像一个主人对他所抛弃的奴隶的统治一样。

Sect.

教派。

238.

The other case is, When a king makes himself the dependent of another, and subjects his kingdom which his ancestors left him, and the people put free into his hands, to the dominion of another: for however perhaps it may not be his intention to prejudice the people; yet because he has hereby lost the principal part of regal dignity, viz.

另一种情况是，当一个国王使自己成为另一个国王的附属者，并将其祖先留给他的王国和人民自由地交到他手中时，将其置于另一个国王的统治之下：尽管他的意图也许不是要损害人民；但他的目的可能是为了让人民接受他的统治。然而，因为他从此失去了王室尊严的主要部分，即。

to be next and immediately under God, supreme in his kingdom; and also because he betrayed or forced his people, whose liberty he ought to have carefully preserved, into the power and dominion of a foreign nation.

紧随上帝之下，在他的国度中至高无上；还因为他背叛或强迫他的人民接受外国的权力和统治，而他本应小心翼翼地保护他们的自由。

By this, as it were, alienation of his kingdom, he himself loses the power he had in it before, without transferring any the least right to those on whom he would have bestowed it; and so by this act sets the people free, and leaves them at their own disposal.

通过这种方式，可以说，他的王国被让渡了，他本人就失去了他以前拥有的权力，而没有将任何最小的权利转让给他本想授予的人。因此，通过这一行为，人们获得了自由，并让他们自行支配。

One example of this is to be found in the Scotch Annals.

在《苏格兰年鉴》中可以找到这样的一个例子。

Sect.

教派。

239.

In these cases Barclay, the great champion of absolute monarchy, is forced to allow, that a king may be resisted, and ceases to be a king.

在这些情况下，绝对君主制的伟大拥护者巴克莱被迫允许国王受到抵抗，并不再是国王。

That is, in short, not to multiply cases, in whatsoever he has no authority, there he is no king, and may be resisted: for wheresoever the authority ceases, the king ceases too, and becomes like other men who have no authority.

简而言之，就是说，不要增加情况，凡是他没有权威的地方，他就不是国王，并且可能受到抵抗：因为凡是权威消失的地方，国王也消失了，而变得像其他没有权威的人一样。

And these two cases he instances in, differ little from those above mentioned, to be destructive to governments, only that he has omitted the principle from which his doctrine flows: and that is, the breach of trust, in not preserving the form of government agreed on, and in not intending the end of government itself, which is the public good and preservation of property.

他列举的这两个案例与上述案例没有什么不同，都是对政府的破坏，只是他忽略了他的学说所源自的原则：即违反信任，不保留商定的政府形式，也不打算结束政府本身的目的，即公共利益和财产保护。

When a king has dethroned himself, and put himself in a state of war with his people, what shall hinder them from prosecuting him who is no king, as they would any other man, who has put himself into a state of war with them, Barclay, and those of his opinion, would do well to tell us.

当一个国王废黜自己，并与他的人民处于战争状态时，什么会阻止他们起诉他，因为他不是国王，就像他们起诉任何其他与他们处于战争状态的人一样，巴克利和他的观点的那些人最好告诉我们。

This farther I desire may be taken notice of out of Barclay, that he says, The mischief that is designed them, the people may prevent before it be done: whereby he allows resistance when tyranny is but in design.

我还希望巴克利能够注意到这一点，他说，人们可以在他们设计的恶作剧发生之前阻止它：据此，当暴政只是在设计中时，他允许抵抗。

Such designs as these (says he) when any king harbours in his thoughts and seriously promotes, he immediately gives up all care and thought of the commonwealth; so that, according to him, the neglect of the public good is to be taken as an evidence of such design, or at least for a sufficient cause of resistance.

他说，当任何一个国王怀有这样的想法并认真推行时，他就会立即放弃对国家的一切关心和思考；因此，根据他的说法，对公共利益的忽视将被视为这种设计的证据，或者至少是抵抗的充分理由。

And the reason of all, he gives in these words, Because he betrayed or forced his people, whose liberty he ought carefully to have preserved.

他在这句话中给出了所有原因，因为他背叛或强迫了他的人民，而他本应小心翼翼地保护他们的自由。

What he adds, into the power and dominion of a foreign nation, signifies nothing, the fault and forfeiture lying in the loss of their liberty, which he ought to have preserved, and not in any distinction of the persons to whose dominion they were subjected.

他在外国的权力和统治中添加的内容没有任何意义，过错和丧失在于他本应保留的自由的丧失，而不在于他们所受统治的人的任何区别。

The peoples right is equally invaded, and their liberty lost, whether they are made slaves to any of their own, or a foreign nation; and in this lies the injury, and against this only have they the right of defence.

人民的权利同样受到侵犯，自由也同样丧失，无论他们是本国的奴隶还是外国的奴隶；这就是伤害，而针对这一点，他们只有辩护的权利。

And there are instances to be found in all countries, which shew, that it is not the change of nations in the persons of their governors, but the change of government, that gives the offence.

在所有国家中都存在这样的例子，这些例子表明，造成这种冒犯的不是国家的统治者的更迭，而是政府的更迭。

Bilson, a bishop of our church, and a great stickler for the power and prerogative of princes, does, if I mistake not, in his treatise of Christian subjection, acknowledge, that princes may forfeit their power, and their title to the obedience of their subjects; and if there needed authority in a case where reason is so plain, I could send my reader to Bracton, Fortescue, and the author of the Mirrour, and others, writers that cannot be suspected to be ignorant of our government, or enemies to it.

比尔森是我们教会的一位主教，也是君主权力和特权的坚定拥护者，如果我没记错的话，他在他关于基督教服从的论文中承认，君主可能会因臣民的服从而丧失他们的权力和头衔；如果我没有记错的话，比尔森确实承认，君主可能会因臣民的服从而丧失他们的权力和头衔。如果在理由如此简单的情况下需要权威，我可以把我的读者送到布拉克顿、福蒂斯丘和《镜报》的作者以及其他作家那里，他们不能被怀疑对我们的政府一无所知，也不能被怀疑是政府的敌人。

But I thought Hooker alone might be enough to satisfy those men, who relying on him for their ecclesiastical polity, are by a strange fate carried to deny those principles upon which he builds it.

但我认为胡克一个人就足以满足那些依靠他来维持教会政体的人，他们因奇怪的命运而否认他所建立的教会政体所依据的原则。

Whether they are herein made the tools of cunninger workmen, to pull down their own fabric, they were best look.

无论它们是否是狡猾工人用来拉扯自己的织物的工具，它们都是最好看的。

This I am sure, their civil policy is so new, so dangerous, and so destructive to both rulers and people, that as former ages never could bear the broaching of it; so it may be hoped, those to come, redeemed from the impositions of these Egyptian under-task-masters, will abhor the memory of such servile flatterers, who, whilst it seemed to serve their turn, resolved all government into absolute tyranny, and would have all men born to, what their mean souls fitted them for, slavery.

我敢肯定，他们的民政政策对统治者和人民来说都是如此新颖、如此危险和具有破坏性，以至于从前的时代永远无法忍受提出它；因此，我们可以希望，那些从这些埃及下级工头的强加下得到救赎的人，会憎恶这些奴性的奉承者的记忆，这些人虽然似乎是为他们服务，却将所有政府变成了绝对的暴政，并且让所有人生来就受奴役，他们卑鄙的灵魂适合他们。

Sect.

教派。

240.

Here, it is like, the common question will be made, Who shall be judge, whether the prince or legislative act contrary to their trust?

在这里，就像会提出一个常见的问题：谁来担任法官，无论是王子还是立法行为违背了他们的信任？

This, perhaps, ill-affected and factious men may spread amongst the people, when the prince only makes use of his due prerogative.

当王子只利用他应有的特权时，也许这种心怀恶意、结党的人可能会在人民中传播。

To this 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?

对此我的回答是，人民将是审判者；因为，由谁来判断他的受托人或代理人行为是否良好，以及是否根据对他的信任而行事，但委托他的人，并且在委托他时，当他不履行他的信任时，必须仍然有权力抛弃他呢？

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?

如果这在个人的特殊情况下是合理的，那么在关系到数百万人福祉的最伟大时刻，如果不加以阻止，邪恶就会更加严重，而且补救非常困难、昂贵和危险，那么为什么应该是另外的情况呢？

Sect.

教派。

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.

但更进一步，这个问题（谁来当法官？）并不意味着根本不存在法官：因为在地上没有司法机构来裁决人间争议的地方，天上的上帝就是法官。

He alone, it is true, is judge of the right.

确实，只有他才是正义的法官。

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 Jeptha did.

但就像在所有其他案件中一样，每个人都是自己的法官，因此在这件事上，是否有人将自己置于与他的战争状态，以及他是否应该像杰普塔那样向最高法官上诉。

Sect.

教派。

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?

如果君主和某些人民之间发生争议，而法律没有规定或有疑问，而且该问题具有重大后果，那么我认为在这种情况下，适当的裁判员应该是人民团体：因为在君主信任他的情况下，并且不受一般法律规则约束的情况下；在那里，如果有人发现自己受到了委屈，并认为君主的行为违背了或超出了人民的信任，那么人民的团体（最初是人民对他的信任）是正确的判断者，他们的意思是它应该延伸到什么程度？

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.

但是，如果君主或政府中的任何人拒绝这种决定方式，那么除了上天之外，别无选择。任何人之间的武力，在地球上没有已知的上级，或者不允许向地球上的法官上诉，这实际上是一种战争状态，其中只能向天堂上诉；在这种情况下，受害方必须在他认为适合利用该上诉时自行判断，并提出上诉。

Sect.

教派。

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.

总而言之，每个人在进入社会时所赋予的权力，只要社会存在，就永远不会再回到个人手中，而永远留在共同体中；因为如果没有这一点，就不可能有共同体，没有联邦，这与最初的协议相反：同样，当社会将立法权置于任何人的集会中，并继续在他们及其继任者中继续存在时，并为这些继任者提供指示和权威时，立法权在该政府存续期间永远不能回归人民；因为他们赋予立法机构永久延续的权力，但他们却将政治权力交给了立法机构，而且无法恢复。

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.

但是，如果他们对立法的期限设定限制，并使任何人或议会的最高权力只是暂时的；否则，当当权者误判时，它就会被没收；没收后，或在规定的时间确定后，它归还社会，人民有权行使最高权力，继续自行立法；或者建立一个新的形式，或者在旧的形式下将其交到新人手中，只要他们认为好。

FINIS.

结束。

中文为机器翻译，仅供参考。