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concerning civil government-第35章

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

people; if there were any that consented not to the war; and over

the children of the captives themselves or the possessions of either

he has no power; and so can have; by virtue of conquest; no lawful

title himself to dominion over them; or derive it to his posterity;

but is an aggressor; and puts himself in a state of war against

them; and has no better a right of principality; he; nor any of his

successors; than Hingar; or Hubba; the Danes; had here in England;

or Spartacus; had be conquered Italy; which is to have their yoke cast

off as soon as God shall give those under their subjection courage and

opportunity to do it。 Thus; notwithstanding whatever title the kings

of Assyria had over Judah; by the sword; God assisted Hezekiah to

throw off the dominion of that conquering empire。 〃And the Lord was

with Hezekiah; and he prospered; wherefore he went forth; and he

rebelled against the king of Assyria; and served him not〃 (II Kings

18。 7)。 Whence it is plain that shaking off a power which force; and

not right; hath set over any one; though it hath the name of

rebellion; yet is no offence before God; but that which He allows

and countenances; though even promises and covenants; when obtained by

force; have intervened。 For it is very probable; to any one that reads

the story of Ahaz and Hezekiah attentively; that the Assyrians subdued

Ahaz; and deposed him; and made Hezekiah king in his father's

lifetime; and that Hezekiah; by agreement; had done him homage; and

paid him tribute till this time。

                             Chapter XVII

                            Of Usurpation



  197。 As conquest may be called a foreign usurpation; so usurpation

is a kind of domestic conquest; with this difference… that an

usurper can never have right on his side; it being no usurpation but

where one is got into the possession of what another has right to。

This; so far as it is usurpation; is a change only of persons; but not

of the forms and rules of the government; for if the usurper extend

his power beyond what; of right; belonged to the lawful princes or

governors of the commonwealth; it is tyranny added to usurpation。

  198。 In all lawful governments the designation of the persons who

are to bear rule being as natural and necessary a part as the form

of the government itself; and that which had its establishment

originally from the people… the anarchy being much alike; to have no

form of government at all; or to agree that it shall be monarchical;

yet appoint no way to design the person that shall have the power

and be the monarch… all commonwealths; therefore; with the form of

government established; have rules also of appointing and conveying

the right to those who are to have any share in the public

authority; and whoever gets into the exercise of any part of the power

by other ways than what the laws of the community have prescribed hath

no right to be obeyed; though the form of the commonwealth be still

preserved; since he is not the person the laws have appointed; and;

consequently; not the person the people have consented to。 Nor can

such an usurper; or any deriving from him; ever have a title till

the people are both at liberty to consent; and have actually

consented; to allow and confirm in him the power he hath till then

usurped。

                            Chapter XVIII

                              Of Tyranny



  199。 As usurpation is the exercise of power which another hath a

right to; so tyranny is the exercise of power beyond right; which

nobody can have a right to; and this is making use of the power any

one has in his hands; not for the good of those who are under it;

but for his own private; separate advantage。 When the governor;

however entitled; makes not the law; but his will; the rule; and his

commands and actions are not directed to the preservation of the

properties of his people; but the satisfaction of his own ambition;

revenge; covetousness; or any other irregular passion。

  200。 If one can doubt this to be truth or reason because it comes

from the obscure hand of a subject; I hope the authority of a king

will make it pass with him。 King James; in his speech to the

Parliament; 16O3; tells them thus: 〃I will ever prefer the weal of the

public and of the whole commonwealth; in making of good laws and

constitutions; to any particular and private ends of mine; thinking

ever the wealth and weal of the commonwealth to be my greatest weal

and worldly felicity… a point wherein a lawful king doth directly

differ from a tyrant; for I do acknowledge that the special and

greatest point of difference that is between a rightful king and an

usurping tyrant is this… that whereas the proud and ambitious tyrant

doth think his kingdom and people are only ordained for satisfaction

of his desires and unreasonable appetites; the righteous and just king

doth; by the contrary; acknowledge himself to be ordained for the

procuring of the wealth and property of his people。〃 And again; in his

speech to the Parliament; 1609; he hath these words: 〃The king binds

himself; by a double oath; to the observation of the fundamental

laws of his kingdom… tacitly; as by being a king; and so bound to

protect; as well the people as the laws of his kingdom; and

expressly by his oath at his coronation; so as every just king; in a

settled kingdom; is bound to observe that paction made to his

people; by his laws; in framing his government agreeable thereunto;

according to that paction which God made with Noah after the deluge:

'Hereafter; seed…time; and harvest; and cold; and heat; and summer;

and winter; and day; and night; shall not cease while the earth

remaineth。' And therefore a king; governing in a settled kingdom;

leaves to be a king; and degenerates into a tyrant; as soon as he

leaves off to rule according to his laws。〃 And a little after:

〃Therefore; all kings that are not tyrants; or perjured; will be

glad to bound themselves within the limits of their laws; and they

that persuade them the contrary are vipers; pests; both against them

and the commonwealth。〃 Thus; that learned king; who well understood

the notions of things; makes the difference betwixt a king and a

tyrant to consist only in this: that one makes the laws the bounds

of his power and the good of the public the end of his government; the

other makes all give way to his own will and appetite。

  201。 It is a mistake to think this fault is proper only to

monarchies。 Other forms of government are liable to it as well as

that; for wherever the power that is put in any hands for the

government of the people and the preservation of their properties is

applied to other ends; and made use of to impoverish; harass; or

subdue them to the arbitrary and irregular commands of those that have

it; there it presently becomes tyranny; whether those that thus use it

are one or many。 Thus we read of the thirty tyrants at Athens; as well

as one at Syracuse; and the intolerable dominion of the Decemviri at

Rome was nothing be
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