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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;