second treatise of government-及24嫗
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!!!!隆堋響頼��紗秘慕禰厮宴和肝写偬堋響��
be monarchical�察�but to appoint no way to design the person that shall have the power�察�and be the monarch。 Hence all commonwealths�察�with the form of government established�察�have rules also of appointing those who are to have any share in the public authority�察�and settled methods of conveying the right to them�此�for the anarchy is much alike�察�to have no form of government at all�察�or to agree that it shall be monarchical�察�but to appoint no way to know or design the person that shall have the power�察�and be the monarch。 Whoever gets into the exercise of any part of the power�察�by other ways than what the laws of the community have prescribed�察�hath no right to be obeyed�察�though the form of the commonwealth be still preserved�察�since he is not the person the laws have appointed�察�and consequently not the person the people have consented to。 Nor can such an usurper�察�or any deriving from him�察�ever have a title�察�till the people are both at liberty to consent�察�and have actually consented to allow�察�and confirm in him the power he hath till then usurped。
CHAP。 XVIII。
Of TYRANNY。
Sec。 199。 AS usurpation is the exercise of power�察�which another hath a right to�察�so tyranny is the exercise of power beyond right�察�which no body can have a right to。 And this is making use of the power any one has in his hands�察�not for the good of those who are under it�察�but for his own private separate advantage。 When the governor�察�however intitled�察�makes not the law�察�but his will�察�the rule�察�and his commands and actions are not directed to the preservation of the properties of his people�察�but the satisfaction of his own ambition�察�revenge�察�covetousness�察�or any other irregular passion。 Sec。 200。 If one can doubt this to be truth�察�or reason�察 �because it comes from the obscure hand of a subject�察�I hope the authority of a king will make it pass with him。 King James the first�察�in his speech to the parliament�察�1603�察�tells them thus�察�I will ever prefer the weal of the public�察�and of the whole commonwealth�察�in making of good laws and constitutions�察�to any particular and private ends of mine�察�thinking ever the wealth and weal of the commonwealth to be my greatest weal and worldly felicity�察�a point wherein a lawful king doth directly differ from a tyrant�此�for I do acknowledge�察�that the special and greatest point of difference that is between a rightful king and an usurping tyrant�察�is this�察�that whereas the proud and ambitious tyrant doth think his kingdom and people are only ordained for satisfaction of his desires and unreasonable appetites�察�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�察�And again�察�in his speech to the parliament�察�1609�察�he hath these words�察�The king binds himself by a double oath�察�to the observation of the fundamental laws of his kingdom�察�tacitly�察�as by being a king�察�and so bound to protect as well the people�察�as the laws of his kingdom�察�and expressly�察�by his oath at his coronation�察�so as every just king�察�in a settled kingdom�察�is bound to observe that paction made to his people�察�by his laws�察�in framing his government agreeable thereunto�察�according to that paction which God made with Noah after the deluge。 Hereafter�察 �seed´time and harvest�察�and cold and heat�察�and summer and winter�察 �and day and night�察�shall not cease while the earth remaineth。 And therefore a king governing in a settled kingdom�察�leaves to be a king�察�and degenerates into a tyrant�察�as soon as he leaves off
to rule according to his laws�察�And a little after�察�Therefore all kings that are not tyrants�察�or perjured�察�will be glad to bound themselves within the limits of their laws�察�and they that persuade them the contrary�察�are vipers�察�and pests both against them and the commonwealth。 Thus that learned king�察�who well understood the notion of things�察�makes the difference betwixt a king and a tyrant to consist only in this�察�that one makes the laws the bounds of his power�察�and the good of the public�察�the end of his government�察�the other makes all give way to his own will and appetite。 Sec。 201。 It is a mistake�察�to think this fault is proper only to monarchies�察�other forms of government are liable to it�察 �as well as that�此�for wherever the power�察�that is put in any hands for the government of the people�察�and the preservation of their properties�察�is applied to other ends�察�and made use of to impoverish�察�harass�察�or subdue them to the arbitrary and irregular commands of those that have it�察�there it presently becomes tyranny�察�whether those that thus use it are one or many。 Thus we read of the thirty tyrants at Athens�察�as well as one at Syracuse�察 �and the intolerable dominion of the Decemviri at Rome was nothing better。 Sec。 202。 Where´ever law ends�察�tyranny begins�察�if the law be transgressed to another's harm�察�and whosoever in authority exceeds the power given him by the law�察�and makes use of the force he has under his command�察�to compass that upon the subject�察 �which the law allows not�察�ceases in that to be a magistrate�察�and�察 �acting without authority�察�may be opposed�察�as any other man�察�who by force invades the right of another。 This is acknowledged in subordinate magistrates。 He that hath authority to seize my person in the street�察�may be opposed as a thief and a robber�察�if he endeavours to break into my house to execute a writ�察 �notwithstanding that I know he has such a warrant�察�and such a legal authority�察�as will impower him to arrest me abroad。 And why this should not hold in the highest�察�as well as in the most inferior magistrate�察�I would gladly be informed。 Is it reasonable�察�that the eldest brother�察�because he has the greatest part of his father's estate�察�should thereby have a right to take away any of his younger brothers portions�拭�or that a rich man�察 �who possessed a whole country�察�should from thence have a right to seize�察�when he pleased�察�the cottage and garden of his poor neighbour�拭 �The being rightfully possessed of great power and riches�察�exceedingly beyond the greatest part of the sons of Adam�察 �is so far from being an excuse�察�much less a reason�察�for rapine and oppression�察�which the endamaging another without authority is�察�that it is a great aggravation of it�此�for the exceeding the bounds of authority is no more a right in a great�察�than in a petty officer�察�no more justifiable in a king than a constable�察 �but is so much the worse in him�察�in that he has more trust put in him�察�has already a much greater share than the rest of his brethren�察�and is supposed�察�from the advantages of his education�察 �employment�察�and counsellors�察�to be more knowing in the measures of right and wrong。 Sec。 203。 May the commands then of a prince be opposed�拭�may he be resisted as often as any one shall find himself aggrieved�察 �and but imagine he has not right done him�拭 �This will unhinge and overturn all polities�察�and�察�instead of government and order�察 �leave nothing but anarchy and confusion。 Sec。 204。 To this I answer�察�that force is to be opposed to nothing�察�but to unjust and unlawful force�察�whoever makes any opposition in any other case�察�draws on himself a just condemnation both from God and man�察�and so no such danger or confusion will follow�察�as is often suggested�此�for�察 �Sec。 205。 First�察�As�察�in some countries�察�the person of the prince by the law is sacred�察�and so�察�whatever he commands or does�察�his person is still free from all question or violence�察�not liable to force�察�or any judicial censure or condemnation。 But
yet opposition may be made to the illegal acts of any inferior officer�察�or other commissioned by him�察�unless he will�察�by actually putting himself into a state of war with his people�察 �dissolve the government�察�and leave them to that defence which belongs to every one in the state of nature�此�for of such things who can tell what the end will be�拭�and a neighbour kingdom has shewed the world an odd example。 In all other cases the sacredness of the person exempts him from all inconveniencies�察 �whereby he is secure�察�whilst the government stands�察�from all violence and harm whatsoever�察�than which there cannot be a wiser constitution�此�for the harm he can do in his own person not being likely to happen often�察�nor to extend itself far�察�nor being able by his single strength to subvert the laws�察�nor oppress the body of the people�察�should any prince have so much weakness�察�and ill nature as to be willing to do it�察�the inconveniency of some particular mischiefs�察�that may happen sometimes�察�when a heady prince comes to the throne�察�are well recompensed by the peace of the public�察�and security of the government�察�in the person of the chief magistrate�察�thus set out of the reach of danger�此�it being safer for the body�察�that some few private men should be sometimes in danger to suffer�察�than that the head of the republic should be easily�察�and upon slight occasions�察�exposed。 Sec。 206。 Secondly�察�But this privilege�察�belonging only to the king's person�察�hinders not�察�but they may be questioned�察 �opposed�察�and resisted�察�who use unjust force�察�though they pretend a commission from him�察�which the law authorizes not�察�as is plain in the case of him that has the king's writ to arrest a man�察 �which is a full commission from the king�察�and yet he that has it cannot break open a man's house to do it�察�nor execute this command of the king upon certain days�察�nor in certain places�察 �though this commission have no such exception in it�察�but they are the limitations of the law�察�which if any one transgress�察�the king's commission excuses him not�此�for the king's authority being given him only by the law�察�he cannot impower any one to act against the law�察�or justify him�察�by his commission�察�in so doing�察 �the commission�察�or command of any magistrate�察�where he has no authority�察�being as void and insignificant�察�as that of any private man�察�the difference between the one and the other�察�being that the magistrate has some authority so far�察�and to such ends�察 �and the private man has none at all�此�for it is not the commission�察�but the authority�察�that gives the right of acting�察 �and against the laws there can be no authority。 But�察 �notwithstanding such resistance�察�the king's person and authority are still both secured�察�and so no danger to governor or government�察 �Sec。 207。 Thirdly�察�Supposing a government wherein the person of the chief magistrate is not thus sacred�察�yet this doctrine of the lawfulness of resisting all unlawful exercises of his power�察�will not upon every slight occasion indanger him�察�or imbroil the government�此�for where the injured party may be relieved�察�and his damages repaired by appeal to the law�察�there can be no pretence for force�察�which is only to be used where a man is intercepted from appealing to the law�此�for nothing is to be accounted hostile force�察�but where it leaves not the remedy of such an appeal�察�and it is such force alone�察�that puts him that uses it into a state of war�察�and makes it lawful to resist him。 A man with a sword in his hand demands my purse in the high´way�察 �when perhaps I have not twelve pence in my pocket�此�this man I may lawfully kill。 To another I deliver lool。 to hold only whilst I alig