Liberty -- Early works to 1800; Political science -- Early works to 1800; Toleration -- Early works to 1800
Sect. 207. Thirdly, Supposing a government wherein the person of the
chief magistrate is not thus sacred; yet this doctrine of the lawfulness
of resisting all unlawful exercises of his power, will not upon every
slight occasion indanger him, or imbroil the government: for where the
injured party may be relieved, and his damages repaired by appeal to the
law, there can be no pretence for force, which is only to be used where
a man is intercepted from appealing to the law: for nothing is to be
accounted hostile force, but where it leaves not the remedy of such an
appeal; and it is such force alone, that puts him that uses it into a
state of war, and makes it lawful to resist him. A man with a sword in
his hand demands my purse in the high-way, when perhaps I have not
twelve pence in my pocket: this man I may lawfully kill. To another I
deliver 100 pounds to hold only whilst I alight, which he refuses to
restore me, when I am got up again, but draws his sword to defend the
possession of it by force, if I endeavour to retake it. The mischief
this man does me is a hundred, or possibly a thousand times more than
the other perhaps intended me (whom I killed before he really did me
any); and yet I might lawfully kill the one, and cannot so much as hurt
the other lawfully. The reason whereof is plain; because the one using
force, which threatened my life, I could not have time to appeal to the
law to secure it: and when it was gone, it was too late to appeal. The
law could not restore life to my dead carcass: the loss was irreparable;
which to prevent, the law of nature gave me a right to destroy him, who
had put himself into a state of war with me, and threatened my
destruction. But in the other case, my life not being in danger, I may
have the benefit of appealing to the law, and have reparation for my 100
pounds that way.
Sect. 208. Fourthly, But if the unlawful acts done by the magistrate be
maintained (by the power he has got), and the remedy which is due by
law, be by the same power obstructed; yet the right of resisting, even
in such manifest acts of tyranny, will not suddenly, or on slight
occasions, disturb the government: for if it reach no farther than some
private men’s cases, though they have a right to defend themselves, and
to recover by force what by unlawful force is taken from them; yet the
right to do so will not easily engage them in a contest, wherein they
are sure to perish; it being as impossible for one, or a few oppressed
men to disturb the government, where the body of the people do not think
themselves concerned in it, as for a raving mad-man, or heady malcontent
to overturn a well settled state; the people being as little apt to
follow the one, as the other.
Public-domain text, read in full here on John Shaqi.
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