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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