| CHAPTER. XVIII. |
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| Of Tyranny. |
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Sec. 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.
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Sec. 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.
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Sec. 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.
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Sec. 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.
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Sec. 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.
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Sec. 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,
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Sec. 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.
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Sec. 206. Secondly, But this privilege, belonging only to
the king's person, hinders not, but they may be questioned, opposed, and resisted, who use
unjust force, though they pretend a commission from him, which the law authorizes not; as
is plain in the case of him that has the king's writ to arrest a man, which is a full
commission from the king; and yet he that has it cannot break open a man's house to do it,
nor execute this command of the king upon certain days, nor in certain places, though this
commission have no such exception in it; but they are the limitations of the law, which if
any one transgress, the king's commission excuses him not: for the king's authority being
given him only by the law, he cannot impower any one to act against the law, or justify
him, by his commission, in so doing; the commission, or command of any magistrate, where
he has no authority, being as void and insignificant, as that of any private man; the
difference between the one and the other, being that the magistrate has some authority so
far, and to such ends, and the private man has none at all: for it is not the commission,
but the authority, that gives the right of acting; and against the laws there can be no
authority. But, notwithstanding such resistance, the king's person and authority are still
both secured, and so no danger to governor or government,
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Sec. 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
100l. 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 100l. that way.
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Sec. 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.
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Sec. 209. But if either these illegal acts have extended to
the majority of the people; or if the mischief and oppression has lighted only on some
few, but in such cases, as the precedent, and consequences seem to threaten all; and they
are persuaded in their consciences, that their laws, and with them their estates,
liberties, and lives are in danger, and perhaps their religion too; how they will be
hindered from resisting illegal force, used against them, I cannot tell. This is an
inconvenience, I confess, that attends all governments whatsoever, when the governors have
brought it to this pass, to be generally suspected of their people; the most dangerous
state which they can possibly put themselves in. wherein they are the less to be pitied,
because it is so easy to be avoided; it being as impossible for a governor, if he really
means the good of his people, and the preservation of them, and their laws together, not
to make them see and feel it, as it is for the father of a family, not to let his children
see he loves, and takes care of them.
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Sec. 210. But if all the world shall observe pretences of
one kind, and actions of another; arts used to elude the law, and the trust of prerogative
(which is an arbitrary power in some things left in the prince's hand to do good, not harm
to the people) employed contrary to the end for which it was given: if the people shall
find the ministers and subordinate magistrates chosen suitable to such ends, and favoured,
or laid by, proportionably as they promote or oppose them: if they see several experiments
made of arbitrary power, and that religion underhand favoured, (tho' publicly proclaimed
against) which is readiest to introduce it; and the operators in it supported, as much as
may be; and when that cannot be done, yet approved still, and liked the better: if a long
train of actions shew the councils all tending that way; how can a man any more hinder
himself from being persuaded in his own mind, which way things are going; or from casting
about how to save himself, than he could from believing the captain of the ship he was in,
was carrying him, and the rest of the company, to Algiers, when he found him always
steering that course, though cross winds, leaks in his ship, and want of men and
provisions did often force him to turn his course another way for some time, which he
steadily returned to again, as soon as the wind, weather, and other circumstances would
let him?
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