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Locke, John

"Concerning Civil Government, Second Essay"

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.
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, endanger him or embroil 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.


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