concerning civil government-第30章
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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 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
