Sect. 197. AS 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. 198. In 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.