Liberty -- Early works to 1800; Political science -- Early works to 1800; Toleration -- Early works to 1800
Sect. 149. THOUGH in a constituted commonwealth, standing upon its own
basis, and acting according to its own nature, that is, acting for the
preservation of the community, there can be but one supreme power, which
is the legislative, to which all the rest are and must be subordinate,
yet the legislative being only a fiduciary power to act for certain
ends, there remains still in the people a supreme power to remove or
alter the legislative, when they find the legislative act contrary to
the trust reposed in them: for all power given with trust for the
attaining an end, being limited by that end, whenever that end is
manifestly neglected, or opposed, the trust must necessarily be
forfeited, and the power devolve into the hands of those that gave it,
who may place it anew where they shall think best for their safety and
security. And thus the community perpetually retains a supreme power of
saving themselves from the attempts and designs of any body, even of
their legislators, whenever they shall be so foolish, or so wicked, as
to lay and carry on designs against the liberties and properties of the
subject: for no man or society of men, having a power to deliver up
their preservation, or consequently the means of it, to the absolute
will and arbitrary dominion of another; when ever any one shall go about
to bring them into such a slavish condition, they will always have a
right to preserve, what they have not a power to part with; and to rid
themselves of those, who invade this fundamental, sacred, and
unalterable law of self-preservation, for which they entered into
society. And thus the community may be said in this respect to be always
the supreme power, but not as considered under any form of government,
because this power of the people can never take place till the
government be dissolved.
Sect. 150. In all cases, whilst the government subsists, the legislative
is the supreme power: for what can give laws to another, must needs be
superior to him; and since the legislative is no otherwise legislative
of the society, but by the right it has to make laws for all the parts,
and for every member of the society, prescribing rules to their actions,
and giving power of execution, where they are transgressed, the
legislative must needs be the supreme, and all other powers, in any
members or parts of the society, derived from and subordinate to it.
Public-domain text, read in full here on John Shaqi.
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