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hilst 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。 Sec。 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。 But; notwithstanding such resistance; the king's person and authority are still both secured; and so no danger to governor or government; Sec。 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。 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。 To another I deliver lool。 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。 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。 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。 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。 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 lool。 that way。 Sec。 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。 Sec。 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。 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。 Sec。 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?
CHAP。 XIX。
Of the Dissolution of Government。
Sec。 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。 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 common… wealth。 The usual; and almost only way whereby this union is dissolved; is the inroad of foreign force mak ing 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。 Whenever the society is dissolved; it is certain the government of that society cannot remain。 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。 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 whi