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翻译篇章：《政府论》下篇第十六章--论征服
英文单词：4730，英文字符：21886，中文字符：8382
sect;. 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 beenthe disorders ambition has filled the world with, that in the noise of war, which makesso great a part of the history of mankind, this consent is little taken notice of: andtherefore many have mistaken the force of arms for the consent of the people, andreckon conquest as one of the originals of government. But conquest is as far fromsetting up any government, as demolishing an house is from building a new one in theplace. Indeed, it often makes way for a new frame of a common-wealth, by destroyingthe former; but, without the consent of the people, can never erect a new one.
sect;. 176.That the aggressor, who puts himself into the state of war with another, and unjustly invades another manrsquo;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 robbersand pyrates have a right of empire over whomsoever they have force enough tomaster; or that men are bound by promises, which unlawful force extorts from them.Should a robber break into my house, and with a dagger at my throat make me sealdeeds to convey my estate to him, would this give him any title? Just such a title, byhis sword, has an unjust conqueror, who forces me into submission. The injury andthe crime is equal, whether committed by the wearer of a crown, or some petty villain.The title of the offender, and the number of his followers, make no difference in theoffence, unless it be to aggravate it. The only difference is, great robbers punish littleones, to keep them in their obedience; but the great ones are rewarded with laurels andtriumphs, because they are too big for the weak hands of justice in this world, andhave the power in their own possession, which should punish offenders. What is myremedy against a robber, that so broke into my house? Appeal to the law for justice.But perhaps justice is denied, or I am crippled and cannot stir, robbed and have notthe means to do it. If God has taken away all means of seeking remedy, there isnothing left but patience. 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. Butthe conquered, or their children, have no court, no arbitrator on earth to appeal to.Then they may appeal, as Jephtha did, to heaven, and repeat their appeal till theyhave recovered the native right of their ancestors, which was, to have such alegislative over them, as the majority should approve, and freely acquiesce in. If it beobjected, This would cause endless trouble; I answer, no more than justice does,where she lies open to all that appeal to her. He that troubles his neighbour without acause, 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
Online Library of Liberty: The Two Treatises of Civil Government (Hollis ed.)
PLL v5.1 (generated February 22, 2010) 171 http://oll.libertyfund.org/title/222trouble 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 tohis 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.
sect;. 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. First, It is plain he gets no power by his conquest over those that conquered with him.They that fought on his side cannot suffer by the conquest, but must at least be asmuch freemen as they were before. And most commonly they serve upon terms, andon condition to share with their leader, and enjoy a part of the spoil, and otheradvantages that attend the conquering sword; or at least have a part of the subduedcountry bestowed upon them. 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 leaderstriumph. They that found absolute monarchy upon the title of the sword, make theirheroes, who are the founders of such monarchies, arrant Draw-can-sirs, and forgetthey had any officers and soldiers that fought on their side in the battles they won, orassisted them in the subduing, or shared in possessing, the countries they mastered.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 onthis island; yet his dominion by conquest could reach no farther than to the Saxonsand Britons, that were then inhabitants of this country. The Normans that came withhim, and helped to conquer, and all descended from them, are freemen, and nosubjects by conquest; let that give what dominion it will. 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.
sect;. 178.But supposing, which seldom happens, that the conquerors and conquered neverincorporate into one people, under the same laws and freedom; let us see next
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