second treatise of government-第31章
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land is possessed； and none lies waste。 And if I have not taken away the conqueror's land； which； being vanquished； it is impossible I should； scarce any other spoil I have done him can amount to the value of mine； supposing it equally cultivated； and of an extent any way coming near what I had overrun of his。 The destruction of a year's product or two （for it seldom reaches four or five） is the utmost spoil that usually can be done： for as to money； and such riches and treasure taken away； these are none of nature's goods； they have but a fantastical imaginary value： nature has put no such upon them： they are of no more account by her standard； than the wampompeke of the Americans to an European prince； or the silver money of Europe would have been formerly to an American。 And five years product is not worth the perpetual inheritance of land； where all is possessed； and none remains waste； to be taken up by him that is disseized： which will be easily granted； if one do but take away the imaginary value of money； the disproportion being more than between five
and five hundred； though； at the same time； half a year's product is more worth than the inheritance； where there being more land than the inhabitants possess and make use of； any one has liberty to make use of the waste： but there conquerors take little care to possess themselves of the lands of the vanquished； No damage therefore； that men in the state of nature （as all princes and governments are in reference to one another） suffer from one another； can give a conqueror power to dispossess the posterity of the vanquished； and turn them out of that inheritance； which ought to be the possession of them and their descendants to all generations。 The conqueror indeed will be apt to think himself master： and it is the very condition of the subdued not to be able to dispute their right。 But if that be all； it gives no other title than what bare force gives to the stronger over the weaker： and； by this reason； he that is strongest will have a right to whatever he pleases to seize on。 Sec。 185。 Over those then that joined with him in the war； and over those of the subdued country that opposed him not； and the posterity even of those that did； the conqueror； even in a just war； hath； by his conquest； no right of dominion： they are free from any subjection to him； and if their former government be dissolved； they are at liberty to begin and erect another to themselves。 Sec。 186。 The conqueror； it is true； usually； by the force he has over them； compels them； with a sword at their breasts； to stoop to his conditions； and submit to such a government as he pleases to afford them； but the enquiry is； what right he has to do so？ If it be said； they submit by their own consent； then this allows their own consent to be necessary to give the conqueror a title to rule over them。 It remains only to be considered； whether promises extorted by force； without right； can be thought consent； and how far they bind。 To which I shall say； they bind not at all； because whatsoever another gets from me by force； I still retain the right of； and he is obliged presently to restore。 He that forces my horse from me； ought presently to restore him； and I have still a right to retake him。 By the same reason； he that forced a promise from me； ought presently to restore it； i。e。 quit me of the obligation of it； or I may resume it myself； i。e。 chuse whether I will perform it： for the law of nature laying an obligation on me only by the rules she prescribes； cannot oblige me by the violation of her rules： such is the extorting any thing from me by force。 Nor does it at all alter the case to say； I gave my promise； no more than it excuses the force； and passes the right； when I put my hand in my pocket； and deliver my purse myself to a thief； who demands it with a pistol at my breast。 Sec。 187。 From all which it follows； that the government of a conqueror； imposed by force on the subdued； against whom he had no right of war； or who joined not in the war against him； where he had right； has no obligation upon them。 Sec。 188。 But let us suppose； that all the men of that community； being all members of the same body politic； may be taken to have joined in that unjust war wherein they are subdued； and so their lives are at the mercy of the conqueror。 Sec。 189。 1 say； this concerns not their children who are in their minority： for since a father hath not； in himself； a power over the life or liberty of his child； no act of his can possibly forfeit it。 So that the children； whatever may have happened to the fathers； are freemen； and the absolute power of the conqueror reaches no farther than the persons of the men that were subdued by him； and dies with them： and should he govern them as slaves； subjected to his absolute arbitrary power； he has no such right of dominion over their children。 He can have no power over them but by their own consent； whatever he may drive them to say or do； and he has no lawfull authority； whilst force； and not choice； compels them to submission。
Sec。 190。 Every man is born with a double right： first； a right of freedom to his person； which no other man has a power over； but the free disposal of it lies in himself。 Secondly； a right； before any other man； to inherit with his brethren his father's goods。 Sec。 191。 By the first of these； a man is naturally free from subjection to any government； tho' he be born in a place under its jurisdiction； but if he disclaim the lawful government of the country he was born in； he must also quit the right that belonged to him by the laws of it； and the possessions there descending to him from his ancestors； if it were a government made by their consent。 Sec。 192。 By the second； the inhabitants of any country； who are descended； and derive a title to their estates from those who are subdued； and had a government forced upon them against their free consents； retain a right to the possession of their ancestors； though they consent not freely to the government； whose hard conditions were by force imposed on the possessors of that country： for the first conqueror never having had a title to the land of that country； the people who are the descendants of； or claim under those who were forced to submit to the yoke of a government by constraint； have always a right to shake it off； and free themselves from the usurpation or tyranny which the sword hath brought in upon them； till their rulers put them under such a frame of government as they willingly and of choice consent to。 Who doubts but the Grecian Christians； descendants of the ancient possessors of that country； may justly cast off the Turkish yoke； which they have so long groaned under； whenever they have an opportunity to do it？ For no government can have a right to obedience from a people who have not freely consented to it； which they can never be supposed to do； till either they are put in a full state of liberty to chuse their government and governors； or at least till they have such standing laws； to which they have by themselves or their representatives given their free consent； and also till they are allowed their due property； which is so to be proprietors of what they have； that no body can take away any part of it without their own consent； without which； men under any government are not in the state of freemen； but are direct slaves under the force of war。 Sec。 193。 But granting that the conqueror in a just war has a right to the estates； as well as power over the persons； of the conquered； which； it is plain； he hath not： nothing of absolute power will follow from hence； in the continuance of the government； because the descendants of these being all freemen； if he grants them estates and possessions to inhabit his country； （without which it would be worth nothing） whatsoever he grants them； they have； so far as it is granted； property in。 The nature whereof is； that without a man's own consent it cannot be taken from him； Sec。 194。 Their persons are free by a native right； and their prope
