Liberty -- Early works to 1800; Political science -- Early works to 1800; Toleration -- Early works to 1800
Sect. 151. In some commonwealths, where the legislative is not always in
being, and the executive is vested in a single person, who has also a
share in the legislative; there that single person in a very tolerable
sense may also be called supreme: not that he has in himself all the
supreme power, which is that of law-making; but because he has in him
the supreme execution, from whom all inferior magistrates derive all
their several subordinate powers, or at least the greatest part of them:
having also no legislative superior to him, there being no law to be
made without his consent, which cannot be expected should ever subject
him to the other part of the legislative, he is properly enough in this
sense supreme. But yet it is to be observed, that tho’ oaths of
allegiance and fealty are taken to him, it is not to him as supreme
legislator, but as supreme executor of the law, made by a joint power of
him with others; allegiance being nothing but an obedience according to
law, which when he violates, he has no right to obedience, nor can claim
it otherwise than as the public person vested with the power of the law,
and so is to be considered as the image, phantom, or representative of
the commonwealth, acted by the will of the society, declared in its
laws; and thus he has no will, no power, but that of the law. But when
he quits this representation, this public will, and acts by his own
private will, he degrades himself, and is but a single private person
without power, and without will, that has any right to obedience; the
members owing no obedience but to the public will of the society.
Sect. 152. The executive power, placed any where but in a person that
has also a share in the legislative, is visibly subordinate and
accountable to it, and may be at pleasure changed and displaced; so that
it is not the supreme executive power, that is exempt from
subordination, but the supreme executive power vested in one, who having
a share in the legislative, has no distinct superior legislative to be
subordinate and accountable to, farther than he himself shall join and
consent; so that he is no more subordinate than he himself shall think
fit, which one may certainly conclude will be but very little. Of other
ministerial and subordinate powers in a commonwealth, we need not speak,
they being so multiplied with infinite variety, in the different customs
and constitutions of distinct commonwealths, that it is impossible to
give a particular account of them all. Only thus much, which is
necessary to our present purpose, we may take notice of concerning them,
that they have no manner of authority, any of them, beyond what is by
positive grant and commission delegated to them, and are all of them
accountable to some other power in the commonwealth.
Public-domain text, read in full here on John Shaqi.
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