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second treatise of government-第38章

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 riches; exceedingly beyond the greatest part of the sons of Adam;  is so far from being an excuse; much less a reason; for rapine  and oppression; which the endamaging another without authority  is; that it is a great aggravation of it: for the exceeding the  bounds of authority is no more a right in a great; than in a  petty officer; no more justifiable in a king than a constable;  but is so much the worse in him; in that he has more trust put in  him; has already a much greater share than the rest of his  brethren; and is supposed; from the advantages of his education;  employment; and counsellors; to be more knowing in the measures  of right and wrong。      Sec。 203。  May the commands then of a prince be opposed? may  he be resisted as often as any one shall find himself aggrieved;  and but imagine he has not right done him?  This will unhinge and  overturn all polities; and; instead of government and order;  leave nothing but anarchy and confusion。      Sec。 204。  To this I answer; that force is to be opposed to  nothing; but to unjust and unlawful force; whoever makes any  opposition in any other case; draws on himself a just  condemnation both from God and man; and so no such danger or  confusion will follow; as is often suggested: for;      Sec。 205。  First; As; in some countries; the person of the  prince by the law is sacred; and so; whatever he commands or  does; his person is still free from all question or violence; not  liable to force; or any judicial censure or condemnation。  But 

yet opposition may be made to the illegal acts of any inferior  officer; or other commissioned by him; unless he will; by  actually putting himself into a state of war with his people;  dissolve the government; and leave them to that defence which  belongs to every one in the state of nature: for of such things  who can tell what the end will be? 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;  whereby he is secure; whilst 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 case
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