second treatise of government-第34章
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n 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 cases； as the precedent； and consequences seem to threaten all； and they are persuaded in their consciences； that their laws； and with them their estates； liberties； and lives are in danger； and perhaps their religion too； how they will be hindered from resisting illegal force； used against them； I cannot tell。 This is an inconvenience； I confess； that attends all governments whatsoever； when the governors have brought it to this pass； to be generally suspected of their people； the most dangerous state which they can possibly put themselves in。 wherein they are the less to be pitied； because it is so easy to be avoided； it being as impossible for a governor； if he really means the good of his people； and the preservation of them； and their laws together； not to make them see and feel it； as it is for the father of a family； not to let his children see he loves； and takes care of them。 Sec。 210。 But if all the world shall observe pretences of one kind； and actions of another； arts used to elude the law； and the trust of prerogative （which is an arbitrary power in some things left in the prince's hand to do good； not harm to the people） employed contrary to the end for which it was given： if the people shall find the ministers and subordinate magistrates chosen suitable to such ends； and favoured； or laid by； proportionably as they promote or oppose them： if they see several experiments made of arbitrary power； and that religion underhand favoured； （tho' publicly proclaimed against） which is readiest to introduce it； and the operators in it supported； as much as may be； and when that cannot be done； yet approved still； and liked the better： if a long train of actions shew the councils all tending that way； how can a man any more hinder himself from being persuaded in his own mind； which way things are going； or from casting about how to save himself； than he could from believing the captain of the ship he was in； was carrying him； and the rest of the company； to Algiers； when he found him always steering that course； though cross winds； leaks in his ship； and want of men and provisions did often force him to turn his course another way for some time； which he steadily returned to again； as soon as the wind； weather； and other circumstances would let him？
CHAP。 XIX。
Of the Dissolution of Government。
Sec。 211。 HE that will with any clearness speak of the dissolution of government； ought in the first place to distinguish between the dissolution of the society and the dissolution of the government。 That which makes the community； and brings men out of the loose state of nature； into one politic society； is the agreement which every one has with the rest to incorporate； and act as one body； and so be one distinct common… wealth。 The usual； and almost only way whereby this union is dissolved； is the inroad of foreign force mak ing a conquest upon them： for in that case； （not being able to maintain and support themselves； as one intire and independent body） the union belonging to that body which consisted therein； must necessarily cease； and so every one return to the state he was in before； with a liberty to shift for himself； and provide for his own safety； as he thinks fit； in some other society。 Whenever the society is dissolved； it is certain the government of that society cannot remain。 Thus conquerors swords often cut up governments by the roots； and mangle societies to pieces； separating the subdued or scattered multitude from the protection of； and dependence on； that society which ought to have preserved them from violence。 The world is too well instructed in； and too forward to allow of； this way of dissolving of governments； to need any more to be said of it； and there wants not much argument to prove； that where the society is dissolved； the government cannot remain； that being as impossible； as for the frame of an house to subsist when the materials of it are scattered and dissipated by a whirl…wind； or jumbled into a confused heap by an earthquake。 Sec。 212。 Besides this over…turning from without； governments are dissolved from within； First； When the legislative is altered。 Civil society being a state of peace； amongst those who are of it； from whom the state of war is excluded by the umpirage； which they have provided in their legislative； for the ending all differences that may arise amongst any of them； it is in their legislative； that the members of a commonwealth are united； and combined together into one coherent living body。 This is the soul that gives form； life； and unity； to the common…wealth： from hence the several members have their mutual influence； sympathy； and connexion： and therefore； when the legislative is broken； or dissolved； dissolution and death follows： for the essence and union of the society consisting in having one will； the legislative； when once established by the majority； has the declaring； and as it were keeping of that will。 The constitution of the legislative is the first and fundamental act of society； whereby provision is made for the continuation of their union； under the direction of persons； and bonds of laws； made by persons authorized thereunto； by the consent and appointment of the people； without which no one man； or number of men； amongst them； can have authority of making laws that shall be binding to the rest。 When any one； or more； shall take upon them to make laws； whom the people have not appointed so to do； they make laws without authority； which the people are not therefore bound to obey； by which means they come again to be out of subjection； and may constitute to themselves a new legislative； as they think best； being in full liberty to resist the force of those； who without authority would impose any thing upon them。 Every one is at the disposure of his own will； when those who had； by the delegation of the society； the declaring of the public will； are excluded from it； and others usurp the place；
