Liberty -- Early works to 1800; Political science -- Early works to 1800; Toleration -- Early works to 1800
Sect. 153. It is not necessary, no, nor so much as convenient, that the
legislative should be always in being; but absolutely necessary that the
executive power should, because there is not always need of new laws to
be made, but always need of execution of the laws that are made. When
the legislative hath put the execution of the laws, they make, into
other hands, they have a power still to resume it out of those hands,
when they find cause, and to punish for any maladministration against
the laws. The same holds also in regard of the federative power, that
and the executive being both ministerial and subordinate to the
legislative, which, as has been shewed, in a constituted commonwealth
is the supreme. The legislative also in this case being supposed to
consist of several persons, (for if it be a single person, it cannot but
be always in being, and so will, as supreme, naturally have the supreme
executive power, together with the legislative) may assemble, and
exercise their legislature, at the times that either their original
constitution, or their own adjournment, appoints, or when they please;
if neither of these hath appointed any time, or there be no other way
prescribed to convoke them: for the supreme power being placed in them
by the people, it is always in them, and they may exercise it when they
please, unless by their original constitution they are limited to
certain seasons, or by an act of their supreme power they have adjourned
to a certain time; and when that time comes, they have a right to
assemble and act again.
Sect. 154. If the legislative, or any part of it, be made up of
representatives chosen for that time by the people, which afterwards
return into the ordinary state of subjects, and have no share in the
legislature but upon a new choice, this power of chusing must also be
exercised by the people, either at certain appointed seasons, or else
when they are summoned to it; and in this latter case the power of
convoking the legislative is ordinarily placed in the executive, and has
one of these two limitations in respect of time: that either the
original constitution requires their assembling and acting at certain
intervals, and then the executive power does nothing but ministerially
issue directions for their electing and assembling, according to due
forms; or else it is left to his prudence to call them by new elections,
when the occasions or exigencies of the public require the amendment of
old, or making of new laws, or the redress or prevention of any
inconveniencies, that lie on, or threaten the people.
Public-domain text, read in full here on John Shaqi.
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