Two Treatises of Government by John Locke. - HTML preview

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to satisfy both, viz, for the conqueror's losses, and children's

maintenance, he that hath, and to spare, must remit something of his

full satisfaction, and give way to the pressing and preferable title of

those who are in danger to perish without it.

Sect. 184. But supposing the charge and damages of the war are to be

made up to the conqueror, to the utmost farthing; and that the children

of the vanquished, spoiled of all their father's goods, are to be left

to starve and perish; yet the satisfying of what shall, on this score,

be due to the conqueror, will scarce give him a title to any country he

shall conquer: for the damages of war can scarce amount to the value of

any considerable tract of land, in any part of the world, where all the

land is possessed, and none lies waste. And if I have not taken away the

conqueror's land, which, being vanquished, it is impossible I should;

scarce any other spoil I have done him can amount to the value of mine,

supposing it equally cultivated, and of an extent any way coming near

what I had overrun of his. The destruction of a year's product or two

(for it seldom reaches four or five) is the utmost spoil that usually

can be done: for as to money, and such riches and treasure taken away,

these are none of nature's goods, they have but a fantastical imaginary

value: nature has put no such upon them: they are of no more account by

her standard, than the wampompeke of the Americans to an European

prince, or the silver money of Europe would have been formerly to an

American. And five years product is not worth the perpetual inheritance

of land, where all is possessed, and none remains waste, to be taken up

by him that is disseized: which will be easily granted, if one do but

take away the imaginary value of money, the disproportion being more

than between five and five hundred; though, at the same time, half a

year's product is more worth than the inheritance, where there being

more land than the inhabitants possess and make use of, any one has

liberty to make use of the waste: but there conquerors take little care

to possess themselves of the lands of the vanquished, No damage

therefore, that men in the state of nature (as all princes and

governments are in reference to one another) suffer from one another,

can give a conqueror power to dispossess the posterity of the

vanquished, and turn them out of that inheritance, which ought to be the

possession of them and their descendants to all generations. The

conqueror indeed will be apt to think himself master: and it is the very

condition of the subdued not to be able to dispute their right. But if

that be all, it gives no other title than what bare force gives to the

stronger over the weaker: and, by this reason, he that is strongest will

have a right to whatever he pleases to seize on.

Sect. 185. Over those then that joined with him in the war, and over

those of the subdued country that opposed him not, and the posterity

even of those that did, the conqueror, even in a just war, hath, by his

conquest, no right of dominion: they are free from any subjection to

him, and if their former government be dissolved, they are at liberty to

begin and erect another to themselves.

Sect. 186. The conqueror, it is true, usually, by the force he has over

them, compels them, with a sword at their breasts, to stoop to his

conditions, and submit to such a government as he pleases to afford

them; but the enquiry is, what right he has to do so? If it be said,

they submit by their own consent, then this allows their own consent to

be necessary to give the conqueror a title to rule over them. It remains

only to be considered, whether promises extorted by force, without

right, can be thought consent, and how far they bind. To which I shall

say, they bind not at all; because whatsoever another gets from me by

force, I still retain the right of, and he is obliged presently to

restore. He that forces my horse from me, ought presently to restore

him, and I have still a right to retake him. By 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.

chuse 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 any thing 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.

Sect. 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.

Sect. 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.

Sect. 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 freemen,

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 lawfull authority, whilst force, and not

choice, compels them to submission.

Sect. 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.

Sect. 191. By the first of these, a man is naturally free from

subjection to any government, tho' 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.

Sect. 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 which 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. Who doubts but

the Grecian Christians, descendants of the ancient possessors of that

country, may justly cast off the Turkish yoke, which they have so long

groaned under, whenever they have an opportunity to do it? For no

government can have a right to obedience from a people who have not

freely consented to it; which they can never be supposed to do, till

either they are put in a full state of liberty to chuse 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 no body can take away any part

of it without their own consent, without which, men under any government

are not in the state of freemen, but are direct slaves under the force

of war.

Sect. 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 freemen, 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.

Sect. 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 50_l_. or 500_l_. per arm. 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 to dissolve them at any time, but power enough: and all

the grants and promises of men in power are but mockery and collusion:

for can there be any thing more ridiculous than to say, I give you and

your's 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?

Sect. 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. No body, 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!

Sect. 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 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, if he

attempts upon their properties, and thereby 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 he conquered Italy, would have had; 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,

2 Kings xviii. 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 is 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

all this time.

CHAPTER. XVII.

OF USURPATION.

Sect. 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.

Sect. 198. In all lawful governments, the designation of the persons,

who are to bear rule, is as natural and necessary a part as the form of

the government itself, and is 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,

but to appoint no way to design the person that shall have the power,

and be the monarch. Hence all commonwealths, with the form of government

established, have rules also of appointing those who are to have any

share in the public authority, and settled methods of conveying the

right to them: for the anarchy is much alike, to have no form of

government at all; or to agree that it shall be monarchical, but to

appoint no way to know or design the person that shall have the power,

and be the monarch. 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.

Sect. 199. AS usurpation is the exercise of power, which another hath a

right to; so tyranny is the exercise of power beyond right, which no

body 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 intitled,

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.

Sect. 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 the first, in his speech to the

parliament, 1603, 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, and pests both against them

and the commonwealth.

#/

Thus that learned king, who well understood the notion 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.

Sect. 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 better.

Sect. 202. Where-ever law ends, tyranny begins, if the law be

transgressed to another's harm; and whosoever in authority exceeds the

power given him by the law, and makes use of the force he has under his

command, to compass that upon the subject, which the law allows not,

ceases in that to be a magistrate; and, acting without authority, may be

opposed, as any other man, who by force invades the right of another.

This is acknowledged in subordinate magistrates. He that hath authority

to seize my person in the street, may be opposed as a thief and a

robber, if he endeavours to break into my house to execute a writ,

notwithstanding that I know he has such a warrant, and such a legal

authority, as will impower him to arrest me abroad. And why this should

not hold in the highest, as well as in the most inferior magistrate, I

would gladly be informed. Is it reasonable, that the eldest brother,

because he has the greatest part of his father's estate, should thereby

have a right to take away any of his younger brothers portions? or that

a rich man, who possessed a whole country, should from thence have a

right to seize, when he pleased, the cottage and garden of his poor

neighbour? The being rightfully possessed of great power and riches,

exceedingly beyond the greatest part of the sons of Adam, is so far from

being an excuse, much less a reason, for rapine and oppression, which

the endamaging another without authority is, that it is a great

aggravation of it: for the exceeding the bounds of authority is no more

a right in a great, than in a petty officer; no more justifiable in a

king than a constable; but is so much the worse in him, in that he has

more trust put in him, has already a much greater share than the rest of

his brethren, and is supposed, from the advantages of his education,

employment, and counsellors, to be more knowing in the measures of right

and wrong.

Sect. 203. May the commands then of a prince be opposed?

may he be

resisted as often as any one shall find himself aggrieved, and but

imagine he has not right done him? This will unhinge and overturn all

polities, and, instead of government and order, leave nothing but

anarchy and confusion.

Sect. 204. To this I answer, that force is to be opposed to nothing, but

to unjust and unlawful force; whoever makes any opposition in any other

case, draws on himself a just condemnation both from God and man; and so

no such danger or confusion will follow, as is often suggested: for,

Sect. 205. First, As, in some countries, the person of the prince by the

law is sacred; and so, whatever he commands or does, his person is still

free from all question or violence, not liable to force, or any judicial

censure or condemnation. But yet opposition may be made to the illegal

acts of any inferior officer, or other commissioned by him; unless he

will, by actually putting himself into a state of war with his people,

dissolve the government, and leave them to that defence 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 shewed 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.

Sect. 206. Secondly, But this privilege, belonging only to the king's

person, hinders not, but they may be questioned, opposed, and resisted,

who use u