Liberty -- Early works to 1800; Political science -- Early works to 1800; Toleration -- Early works to 1800
Sect. 137. Absolute arbitrary power, or governing without settled
standing laws, can neither of them consist with the ends of society and
government, which men would not quit the freedom of the state of nature
for, and tie themselves up under, were it not to preserve their lives,
liberties and fortunes, and by stated rules of right and property to
secure their peace and quiet. It cannot be supposed that they should
intend, had they a power so to do, to give to any one, or more, an
absolute arbitrary power over their persons and estates, and put a force
into the magistrate’s hand to execute his unlimited will arbitrarily
upon them. This were to put themselves into a worse condition than the
state of nature, wherein they had a liberty to defend their right
against the injuries of others, and were upon equal terms of force to
maintain it, whether invaded by a single man, or many in combination.
Whereas by supposing they have given up themselves to the absolute
arbitrary power and will of a legislator, they have disarmed themselves,
and armed him, to make a prey of them when he pleases; he being in a
much worse condition, who is exposed to the arbitrary power of one man,
who has the command of 100,000, than he that is exposed to the arbitrary
power of 100,000 single men; no body being secure, that his will, who
has such a command, is better than that of other men, though his force
be 100,000 times stronger. And therefore, whatever form the
commonwealth is under, the ruling power ought to govern by declared and
received laws, and not by extemporary dictates and undetermined
resolutions: for then mankind will be in a far worse condition than in
the state of nature, if they shall have armed one, or a few men with the
joint power of a multitude, to force them to obey at pleasure the
exorbitant and unlimited decrees of their sudden thoughts, or
unrestrained, and till that moment unknown wills, without having any
measures set down which may guide and justify their actions: for all the
power the government has, being only for the good of the society, as it
ought not to be arbitrary and at pleasure, so it ought to be exercised
by established and promulgated laws; that both the people may know their
duty, and be safe and secure within the limits of the law; and the
rulers too kept within their bounds, and not be tempted, by the power
they have in their hands, to employ it to such purposes, and by such
measures, as they would not have known, and own not willingly.
Public-domain text, read in full here on John Shaqi.
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