Liberty -- Early works to 1800; Political science -- Early works to 1800; Toleration -- Early works to 1800
Sect. 242. If a controversy arise betwixt a prince and some of the
people, in a matter where the law is silent, or doubtful, and the thing
be of great consequence, I should think the proper umpire, in such a
case, should be the body of the people: for in cases where the prince
hath a trust reposed in him, and is dispensed from the common ordinary
rules of the law; there, if any men find themselves aggrieved, and think
the prince acts contrary to, or beyond that trust, who so proper to
judge as the body of the people, (who, at first, lodged that trust in
him) how far they meant it should extend? But if the prince, or whoever
they be in the administration, decline that way of determination, the
appeal then lies no where but to heaven; force between either persons,
who have no known superior on earth, or which permits no appeal to a
judge on earth, being properly a state of war, wherein the appeal lies
only to heaven; and in that state the injured party must judge for
himself, when he will think fit to make use of that appeal, and put
himself upon it.
Sect. 243. To conclude, The power that every individual gave the
society, when he entered into it, can never revert to the individuals
again, as long as the society lasts, but will always remain in the
community; because without this there can be no community, no
commonwealth, which is contrary to the original agreement: so also when
the society hath placed the legislative in any assembly of men, to
continue in them and their successors, with direction and authority for
providing such successors, the legislative can never revert to the
people whilst that government lasts; because having provided a
legislative with power to continue for ever, they have given up their
political power to the legislative, and cannot resume it. But if they
have set limits to the duration of their legislative, and made this
supreme power in any person, or assembly, only temporary; or else, when
by the miscarriages of those in authority, it is forfeited; upon the
forfeiture, or at the determination of the time set, it reverts to the
society, and the people have a right to act as supreme, and continue the
legislative in themselves; or erect a new form, or under the old form
place it in new hands, as they think good.
FINIS.
Public-domain text, read in full here on John Shaqi.
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