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second treatise of government-第44章

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uthoritate liceat?  Nulli certe quamdiu  rex manet。  Semper enim ex divinis id obstat; Regem honorificato;  & qui potestati resistit; Dei ordinationi resisit: non alias  igitur in eum populo potestas est quam si id committat propter  quod ipso jure rex esse desinat。  Tunc enim se ipse principatu  exuit atque in privatis constituit liber: hoc modo populus &  superior efficitur; reverso ad eum sc。  jure illo quod ante regem  inauguratum in interregno habuit。   At sunt paucorum generum  commissa ejusmodi quae hunc effectum pariunt。  At ego cum plurima  animo perlustrem; duo tantum invenio; duos; inquam; casus quibus  rex ipso facto ex rege non regem se facit & omni honore &  dignitate regali atque in subditos potestate destituit; quorum  etiam meminit Winzerus。  Horum unus est; Si regnum disperdat;  quemadmodum de Nerone fertur; quod is nempe senatum populumque  Romanum; atque adeo urbem ipsam ferro flammaque vastare; ac novas  sibi sedes quaerere decrevisset。  Et de Caligula; quod palam  denunciarit se neque civem neque principem senatui amplius fore;  inque animo habuerit interempto utriusque ordinis electissimo  quoque Alexandriam commigrare; ac ut populum uno ictu  interimeret; unam ei cervicem optavit。  Talia cum rex aliquis  meditator & molitur serio; omnem regnandi curam & animum ilico  abjicit; ac proinde imperium in subditos amittit; ut dominus  servi pro derelicto habiti dominium。      Sec。 236。  Alter casus est; Si rex in alicujus clientelam se  contulit; ac regnum quod liberum a majoribus & populo traditum  accepit; alienae ditioni mancipavit。  Nam tunc quamvis forte non  ea mente id agit populo plane ut incommodet: tamen quia quod  praecipuum est regiae dignitatis amifit; ut summus scilicet in  regno secundum Deum sit; & solo Deo inferior; atque populum etiam  totum ignorantem vel invitum; cujus libertatem sartam & tectam  conservare debuit; in alterius gentis ditionem & potestatem  dedidit; hac velut quadam regni ab alienatione effecit; ut nec  quod ipse in regno imperium habuit retineat; nec in eum cui  collatum voluit; juris quicquam transferat; atque ita eo facto  liberum jam & suae potestatis populum relinquit; cujus rei  exemplum unum annales Scotici suppeditant。   Barclay contra  Monarchom。 1。 iii。 c。 16。

    Which in English runs thus:

     Sec。 237。  What then; can there no case happen wherein the  people may of right; and by their own authority; help themselves;  take arms; and set upon their king; imperiously domineering over  them?  None at all; whilst he remains a king。  Honour the king;  and he that resists the power; resists the ordinance of God; are  divine oracles that will never permit it; The people therefore  can never come by a power over him; unless he does something that 

makes him cease to be a king: for then he divests himself of his  crown and dignity; and returns to the state of a private man; and  the people become free and superior; the power which they had in  the interregnum; before they crowned him king; devolving to them  again。  But there are but few miscarriages which bring the matter  to this state。  After considering it well on all sides; I can  find but two。  Two cases there are; I say; whereby a king; ipso  facto; becomes no king; and loses all power and regal authority  over his people; which are also taken notice of by Winzerus。      The first is; If he endeavour to overturn the government;  that is; if he have a purpose and design to ruin the kingdom and  commonwealth; as it is recorded of Nero; that he resolved to cut  off the senate and people of Rome; lay the city waste with fire  and sword; and then remove to some other place。  And of Caligula;  that he openly declared; that he would be no longer a head to the  people or senate; and that he had it in his thoughts to cut off  the worthiest men of both ranks; and then retire to Alexandria:  and he wisht that the people had but one neck; that he might  dispatch them all at a blow; Such designs as these; when any king  harbours in his thoughts; and seriously promotes; he immediately  gives up all care and thought of the common…wealth; and  consequently forfeits the power of governing his subjects; as a  master does the dominion over his slaves whom he hath abandoned。      Sec。 238。  The other case is; When a king makes himself the  dependent of another; and subjects his kingdom which his  ancestors left him; and the people put free into his hands; to  the dominion of another: for however perhaps it may not be his  intention to prejudice the people; yet because he has hereby lost  the principal part of regal dignity; viz。  to be next and  immediately under God; supreme in his kingdom; and also because  he betrayed or forced his people; whose liberty he ought to have  carefully preserved; into the power and dominion of a foreign  nation。  By this; as。  it were; alienation of his kingdom; he  himself loses the power he had in it before; without transferring  any the least right to those on whom he would have bestowed it;  and so by this act sets the people free; and leaves them at their  own disposal。  One example of this is to be found in the Scotch  Annals。      Sec。 239。  In these cases Barclay; the great champion of  absolute monarchy; is forced to allow; that a king may be  resisted; and ceases to be a king。  That is; in short; not to  multiply cases; in whatsoever he has no authority; there he is no  king; and may be resisted: for wheresoever the authority ceases;  the king ceases too; and becomes like other men who have no  authority。  And these two cases he instances in; differ little  from those above mentioned; to be destructive to governments;  only that he has omitted the principle from which his doctrine  flows: and that is; the breach of trust; in not preserving the  form of government agreed on; and in not intending the end of  government itself; which is the public good and preservation of  property。  When a king has dethroned himself; and put himself in  a state of war with his people; what shall hinder them from  prosecuting him who is no king; as they would any other man; who  has put himself into a state of war with them; Barclay; and those  of his opinion; would do well to tell us。  This farther I desire  may be taken notice of out of Barclay; that he says; The mischief  that is designed them; the people may prevent before it be clone:  whereby he allows resistance when tyranny is but in design。  Such  designs as these (says he) when any king harbours in his thoughts  and seriously promotes; he immediately gives up all care and  thought of the common…wealth; so that; according to him; the  neglect of the public good is to be taken as an evidence of such  design; or at least for a sufficient cause of resistance。  And  the reason of all; he gives in these words; Because he betrayed  or forced his people; whose liberty he ought carefully to have  preserved。  What he adds; into the power and dominion of a 

foreign nation; signifies nothing; the fault and forfeiture lying  in the loss of their liberty; which he ought to have preserved;  and not in any distinction of the persons to whose dominion they  were subjected。  The peoples right is equally invaded; and their  liberty lost; whether they are made sla
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