The Elements of Law Natural and Politic
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第52章 Chapter 24 The Incommodities of Several Sorts of G

For in all those cases, it is levied by virtue of the sovereignty; nay more, by the three estates here, the land of one man may be transferred to another, without crime of him from whom it was taken, and without pretence of public benefit; as hath been done. And this without injury, because done by the sovereign power; for the power whereby it is done, is no less than sovereign, and cannot be greater. Therefore this grievance for meum and tuum is not real; unless more be exacted than is necessary. But it seemeth a grievance, because to them that either know not the right of sovereignty, or to whom that right belongeth, it seemeth an injury; and injury, how light soever the damage, is always grievous, as putting us in mind of our disability to help ourselves; and into envy of the power to do us wrong.

3. Having spoken of the inconveniences of the subject, by government in general, let us consider the same in the three several sorts thereof, namely, democracy, aristocracy, and monarchy; whereof the two former are in effect but one. For (as I have shewed before) democracy is but the government of a few orators. The comparison therefore will be between monarchy and aristocracy; and to omit that the world, as it was created, so also it is governed by one God Almighty; and that all the ancients have preferred monarchy before other governments, both in opinion, because they feigned a monarchical government amongst their gods; and also by their custom, for that in the most ancient times all people were so governed; and that paternal government, which is monarchy, was instituted in the beginning from the creation; and that other governments have proceeded from the dissolution thereof, caused by the rebellious nature of mankind, and be but pieces of broken monarchies cemented by human wit; I will insist only in this comparison upon the inconveniences that may happen to the subjects, in consequence to each of these governments.

4. And first it seemeth inconvenient, there should be committed so great a power to one man, as that it might be lawful to no other man or men to resist the same; and some think it inconvenient eo nomine, because he hath the power. But this reason we may not by any means admit, for it maketh it inconvenient to be ruled by Almighty God, who without question hath more power over every man, than can be conferred upon any monarch. This inconvenience therefore must be derived, not from the power, but from the affections and passions which reign in every one, as well monarch as subject; by which the monarch may be swayed to use that power amiss. And because an aristocracy consisteth of men, if the passions of many men be more violent when they are assembled together, than the passions of one man alone, it will follow, that the inconvenience arising from passion will be greater in an aristocracy, than a monarchy. But there is no doubt, when things are debated in great assemblies, but every man delivering his opinion at large, without interruption, endeavoureth to make whatsoever he is to set forth for good, better; and what he would have apprehended as evil, worse, as much as is possible; to the end his counsel may take place; which counsel also is never without aim at his own benefit, or honour: every man's end being some good to himself.

Now this cannot be done without working upon the passions of the rest. And thus the passions of those that are singly moderate, are altogether vehement; even as a great many coals, though but warm asunder, being put together inflame one another.

5. Another inconvenience of monarchy is this: that the monarch, besides the riches necessary for the defence of the commonwealth, may take so much more from the subjects, as may enrich his children, kindred and favourites, to what degree he pleaseth; which though it be indeed an inconvenience, if he should so do; yet is the same both greater in an aristocracy, and also more likely to come to pass; for there not one only, but many have children, kindred, and friends to raise; and in that point they are as twenty monarchs for one, and likely to set forward one another's designs mutually, to the oppression of all the rest. The same also happeneth in a democracy, if they all do agree; otherwise they bring in a worse inconvenience, (viz.) sedition.

6. Another inconvenience of monarchy, is the power of dispensing with the execution of justice; whereby the family and friends of the monarch, may with impunity, commit outrages upon the people, or oppress them with extortion. But in aristocracies, not only one, but many have power of taking men out of the hands of justice; and no man is willing his kindred or friends should be punished according to their demerits. And therefore they understand amongst themselves without farther speaking, as a tacit covenant: Hodie mihi, cras tibi.

7. Another inconvenience of monarchy, is the power of altering laws; concerning which, it is necessary that such a power be, that the laws may be altered, according as men's manners change, or as the conjuncture of all circumstances within and without the commonwealth shall require; the change of law being then inconvenient, when it proceedeth from the change, not of the occasion, but of the minds of him or them, by whose authority the laws are made. Now it is manifest enough of itself, that the mind of one man is not so variable in that point, as are the decrees of an assembly. For not only they have all their natural changes, but the change of any one man be enough, with eloquence and reputation, or by solicitation and faction, to make that law to-day, which another by the very same means, shall abrogate to-morrow.