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second treatise of government-第37章

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age; and paid him tribute all this time。



                      CHAP。  XVII。

                     Of USURPATION。

     Sec。 197。  AS conquest may be called a foreign usurpation;  so usurpation is a kind of domestic conquest; with this  difference; that an usurper can never have right on his side; it  being no usurpation; but where one is got into the possession of  what another has right to。   This; so far as it is usurpation; is  a change only of persons; but not of the forms and rules of the  government: for if the usurper extend his power beyond what of  right belonged to the lawful princes; or governors of the  commonwealth; it is tyranny added to usurpation。      Sec。 198。  In all lawful governments; the designation of the  persons; who are to bear rule; is as natural and necessary a part 

as the form of the government itself; and is that which had its  establishment originally from the people; the anarchy being much  alike; to have no form of government at all; or to agree; that it  shall be monarchical; but to appoint no way to design the person  that shall have the power; and be the monarch。  Hence all  commonwealths; with the form of government established; have  rules also of appointing those who are to have any share in the  public authority; and settled methods of conveying the right to  them: for the anarchy is much alike; to have no form of  government at all; or to agree that it shall be monarchical; but  to appoint no way to know or design the person that shall have  the power; and be the monarch。  Whoever gets into the exercise of  any part of the power; by other ways than what the laws of the  community have prescribed; hath no right to be obeyed; though the  form of the commonwealth be still preserved; since he is not the  person the laws have appointed; and consequently not the person  the people have consented to。  Nor can such an usurper; or any  deriving from him; ever have a title; till the people are both at  liberty to consent; and have actually consented to allow; and  confirm in him the power he hath till then usurped。



                     CHAP。  XVIII。

                      Of TYRANNY。

     Sec。 199。  AS usurpation is the exercise of power; which  another hath a right to; so tyranny is the exercise of power  beyond right; which no body can have a right to。  And this is  making use of the power any one has in his hands; not for the  good of those who are under it; but for his own private separate  advantage。  When the governor; however intitled; makes not the  law; but his will; the rule; and his commands and actions are not  directed to the preservation of the properties of his people; but  the satisfaction of his own ambition; revenge; covetousness; or  any other irregular passion。      Sec。 200。  If one can doubt this to be truth; or reason;  because it comes from the obscure hand of a subject; I hope the  authority of a king will make it pass with him。  King James the  first; in his speech to the parliament; 1603; tells them thus; I  will ever prefer the weal of the public; and of the whole  commonwealth; in making of good laws and constitutions; to any  particular and private ends of mine; thinking ever the wealth and  weal of the commonwealth to be my greatest weal and worldly  felicity; a point wherein a lawful king doth directly differ from  a tyrant: for I do acknowledge; that the special and greatest  point of difference that is between a rightful king and an  usurping tyrant; is this; that whereas the proud and ambitious  tyrant doth think his kingdom and people are only ordained for  satisfaction of his desires and unreasonable appetites; 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; And again; in his speech to the parliament; 1609; he  hath these words; The king binds himself by a double oath; to the  observation of the fundamental laws of his kingdom; tacitly; as  by being a king; and so bound to protect as well the people; as  the laws of his kingdom; and expressly; by his oath at his  coronation; so as every just king; in a settled kingdom; is bound  to observe that paction made to his people; by his laws; in  framing his government agreeable thereunto; according to that  paction which God made with Noah after the deluge。  Hereafter;  seed…time and harvest; and cold and heat; and summer and winter;  and day and night; shall not cease while the earth remaineth。   And therefore a king governing in a settled kingdom; leaves to be  a king; and degenerates into a tyrant; as soon as he leaves off 

to rule according to his laws; And a little after; Therefore all  kings that are not tyrants; or perjured; will be glad to bound  themselves within the limits of their laws; and they that  persuade them the contrary; are vipers; and pests both against  them and the commonwealth。  Thus that learned king; who well  understood the notion of things; makes the difference betwixt a  king and a tyrant to consist only in this; that one makes the  laws the bounds of his power; and the good of the public; the end  of his government; the other makes all give way to his own will  and appetite。      Sec。 201。  It is a mistake; to think this fault is proper  only to monarchies; other forms of government are liable to it;  as well as that: for wherever the power; that is put in any hands  for the government of the people; and the preservation of their  properties; is applied to other ends; and made use of to  impoverish; harass; or subdue them to the arbitrary and irregular  commands of those that have it; there it presently becomes  tyranny; whether those that thus use it are one or many。  Thus we  read of the thirty tyrants at Athens; as well as one at Syracuse;  and the intolerable dominion of the Decemviri  at Rome was  nothing better。      Sec。 202。  Where…ever law ends; tyranny begins; if the law  be transgressed to another's harm; and whosoever in authority  exceeds the power given him by the law; and makes use of the  force he has under his command; to compass that upon the subject;  which the law allows not; ceases in that to be a magistrate; and;  acting without authority; may be opposed; as any other man; 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; may be opposed as a thief and a robber; if  he endeavours to break into my house to execute a writ;  notwithstanding that I know he has such a warrant; and such a  legal authority; as will impower him to arrest me abroad。  And  why this should not hold in the highest; as well as in the most  inferior magistrate; I would gladly be informed。  Is it  reasonable; that the eldest brother; because he has the greatest  part of his father's estate; should thereby have a right to take  away any of his younger brothers portions? or that a rich man;  who possessed a whole country; should from thence have a right to  seize; when he pleased; the cottage and garden of his poor  neighbour?  The being rightfully possessed of great power and  riches; exceedingly beyond the greatest part of the sons of Adam;  is so far from being an excuse; 
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