Liberty -- Early works to 1800; Political science -- Early works to 1800; Toleration -- Early works to 1800
First, When the legislative is altered. Civil society being a state of
peace, amongst those who are of it, from whom the state of war is
excluded by the umpirage, which they have provided in their legislative,
for the ending all differences that may arise amongst any of them, it is
in their legislative, that the members of a commonwealth are united, and
combined together into one coherent living body. This is the soul that
gives form, life, and unity, to the commonwealth: from hence the
several members have their mutual influence, sympathy, and connexion:
and therefore, when the legislative is broken, or dissolved, dissolution
and death follows: for the essence and union of the society consisting
in having one will, the legislative, when once established by the
majority, has the declaring, and as it were keeping of that will. The
constitution of the legislative is the first and fundamental act of
society, whereby provision is made for the continuation of their union,
under the direction of persons, and bonds of laws, made by persons
authorized thereunto, by the consent and appointment of the people,
without which no one man, or number of men, amongst them, can have
authority of making laws that shall be binding to the rest. When any
one, or more, shall take upon them to make laws, whom the people have
not appointed so to do, they make laws without authority, which the
people are not therefore bound to obey; by which means they come again
to be out of subjection, and may constitute to themselves a new
legislative, as they think best, being in full liberty to resist the
force of those, who without authority would impose any thing upon them.
Every one is at the disposure of his own will, when those who had, by
the delegation of the society, the declaring of the public will, are
excluded from it, and others usurp the place, who have no such authority
or delegation.
Sect. 213. This being usually brought about by such in the commonwealth
who misuse the power they have; it is hard to consider it aright, and
know at whose door to lay it, without knowing the form of government in
which it happens. Let us suppose then the legislative placed in the
concurrence of three distinct persons.
(<i>1</i>). A single hereditary person, having the constant, supreme,
executive power, and with it the power of convoking and dissolving the
other two within certain periods of time.
(<i>2</i>). An assembly of hereditary nobility.
(<i>3</i>). An assembly of representatives chosen, pro tempore, by the
people. Such a form of government supposed, it is evident,
Public-domain text, read in full here on John Shaqi.
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