Sect. 197AS 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. 198In 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.
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