Great Britain -- Economic conditions; Great Britain -- Social conditions
All legal jurisdictions over a number of people or society of men must
either be primitive or derivative. Now primitive jurisdiction is
undoubtedly in the whole body, and not in one or more members, all men
being by nature equal to other; and all jurisdictive power over them,
being founded by a compact and agreement with them, is invested in one
or more persons, who represent the whole, and by the consent of the
whole are empowered to govern by such rules of equality towards all, so
that both governor and governed may know certainly what the one may
command and what the other must obey; without the performance of which
mutual contract all obligations are cancelled, and that jurisdictive
power returns unto its first spring (the people) from whence it was
conveyed.
And doubtless whatever power our Governors of the Corporation of Weavers
may pretend and plead for, if they had any rationally, they had it at
first from the whole body, as it stands incorporated into a civil
society of men walking by such rules, established for the preservation
of the trade, advancement and encouragement of the profession thereof.
And if it be objected that they had a charter granted them by the King,
wherein they are invested that power they challenge, we answer that
there is not any one liberty that is granted to them but that is also
granted to the meanest member of the said company. The words of the
charter are these:--
[Here follows a copy of the charter granted by King Henry II to the
Weavers of London.]
So that it is clear that this grant was not to so many particular men,
but to the whole society; and what power soever any person or persons
were afterwards invested withall must of necessity be by the consent,
election, and approbation of the whole body; and if our Egyptian
taskmasters have any further commission for their usurped power over us,
why do they not produce it? Certainly, if they could, they would. But
having none they plead custom and precedents, both which they will find
but broken reeds to lean upon, but rotten props to support their
worm-eaten sovereignty.
1. For first, there must be these two things to make a custom valid: (i)
Usage; (ii) Time. Yet that time must be such whereof there is no memory
of man, and the usage must be peaceable, without interruption. But both
these are wanting to strengthen their claim to their pretended power
over us.
2. Suppose there were a custom, and that it had been time out of mind
also, yet if long usurpations of power could make the exercise thereof
legal, the very foundation of just government were subverted.
Public-domain text, read in full here on John Shaqi.
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