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second treatise of government-第30章

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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
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