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Locke, John

"Second Treatise Of Government"


Sec. 121. But since the government has a direct
jurisdiction only over the land, and reaches the possessor of it,
(before he has actually incorporated himself in the society) only
as he dwells upon, and enjoys that; the obligation any one is
under, by virtue of such enjoyment, to submit to the government,
begins and ends with the enjoyment; so that whenever the owner,
who has given nothing but such a tacit consent to the government,
will, by donation, sale, or otherwise, quit the said possession,
he is at liberty to go and incorporate himself into any other
common-wealth; or to agree with others to begin a new one, in
vacuis locis, in any part of the world, they can find free and
unpossessed: whereas he, that has once, by actual agreement, and
any express declaration, given his consent to be of any common-
wealth, is perpetually and indispensably obliged to be, and
remain unalterably a subject to it, and can never be again in the
liberty of the state of nature; unless, by any calamity, the
government he was under comes to be dissolved; or else by some
public act cuts him off from being any longer a member of it.
Sec. 122. But submitting to the laws of any country, living
quietly, and enjoying privileges and protection under them, makes
not a man a member of that society: this is only a local
protection and homage due to and from all those, who, not being
in a state of war, come within the territories belonging to any
government, to all parts whereof the force of its laws extends.


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