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concerning civil government-第34章

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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。; choose 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 anything 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。

  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。

  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。

  189。 I 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

free men; 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 lawful

authority; whilst force; and not choice; compels them to submission。

  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。

  191。 By the first of these; a man is naturally free from

subjection to any government; though 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。

  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 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 (which they can never be supposed

to do; till either they are put in a full state of liberty to choose

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 nobody can take away any part of it without their own

consent; without which; men under any government are not in the

state of free men; but are direct slaves under the force of war)。

And who doubts but the Grecian Christians; descendants of the

ancient possessors of that country; may justly cast off the Turkish

yoke they have so long groaned under; whenever they have a power to do

it?

  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 free men; 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。

  194。 Their persons are free by a native right; and their properties;

be they more or less; are their own; and at their own dispose; and not

at his; or else it is no property。 Supposing the conqueror gives to

one man a thousand acres; to him and his heirs for ever; to another he

lets a thousand acres; for his life; under the rent of L50 or L500 per

annum。 Has not the one of these a right to his thousand acres for

ever; and the other during his life; paying the said rent? And hath

not the tenant for life a property in all that he gets over and

above his rent; by his labour and industry; during the said term;

supposing it be double the rent? Can any one say; the king; or

conqueror; after his grant; may; by his power of conqueror; take

away all; or part of the land; from the heirs of one; or from the

other during his life; he paying the rent? Or; can he take away from

either the goods or money they have got upon the said land at his

pleasure? If he can; then all free and voluntary contracts cease;

and are void in the world; there needs nothing but power enough to

dissolve them at any time; and all the grants and promises of men in

power are but mockery and collusion。 For can there be anything more

ridiculous than to say; I give you and yours this for ever; and that

in the surest and most solemn way of conveyance can be devised; and

yet it is to be understood that I have right; if I please; to take

it away from you again to…morrow?

  195。 I will not dispute now whether princes are exempt from the laws

of their country; but this I am sure; they owe subjection to the

laws of God and Nature。 Nobody; no power can exempt them from the

obligations of that eternal law。 Those are so great and so strong in

the case of promises; that Omnipotency itself can be tied by them。

Grants; promises; and oaths are bonds that hold the Almighty; whatever

some flatterers say to princes of the world; who; all together; with

all their people joined to them; are; in comparison of the great

God; but as a drop of the bucket; or a dust on the balance…

inconsiderable; nothing!

  196。 The short of the case in conquest; is this: The conqueror; if

he have a just cause; has a despotical right over the persons of all

that actually aided and concurred in the war against him; and a

right to make up his damage and cost out of their labour and

estates; so he injure not the right of any other。 Over the rest of the

people; if there were an
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