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第32章

concerning civil government-第32章

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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

showed 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。

  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 authorises 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 empower 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。

  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; endanger him or embroil 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 on the highway; when

perhaps I have not 12d。 in my pocket。 This man I may lawfully kill。 To

another I deliver L100 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。 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 might have the benefit of appealing to the law; and

have reparation for my L100 that way。

  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

madman or heady malcontent to overturn a well…settled state; the

people being as little apt to follow the one as the other。

  209。 But if either these illegal acts have extended to the

majority of the people; or if the mischief and oppression has light

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 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。

  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; though 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; and a long train of acting show the counsels 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 a 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?

                             Chapter XIX

                   Of the Dissolution of Government



  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 a

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