Liberty -- Early works to 1800; Political science -- Early works to 1800; Toleration -- Early works to 1800
Sect. 163. And therefore they have a very wrong notion of government,
who say, that the people have encroached upon the prerogative, when they
have got any part of it to be defined by positive laws: for in so doing
they have not pulled from the prince any thing that of right belonged to
him, but only declared, that that power which they indefinitely left in
his or his ancestors hands, to be exercised for their good, was not a
thing which they intended him when he used it otherwise: for the end of
government being the good of the community, whatsoever alterations are
made in it, tending to that end, cannot be an encroachment upon any
body, since no body in government can have a right tending to any other
end: and those only are encroachments which prejudice or hinder the
public good. Those who say otherwise, speak as if the prince had a
distinct and separate interest from the good of the community, and was
not made for it; the root and source from which spring almost all those
evils and disorders which happen in kingly governments. And indeed, if
that be so, the people under his government are not a society of
rational creatures, entered into a community for their mutual good; they
are not such as have set rulers over themselves, to guard, and promote
that good; but are to be looked on as an herd of inferior creatures
under the dominion of a master, who keeps them and works them for his
own pleasure or profit. If men were so void of reason, and brutish, as
to enter into society upon such terms, prerogative might indeed be, what
some men would have it, an arbitrary power to do things hurtful to the
people.
Sect. 164. But since a rational creature cannot be supposed, when free,
to put himself into subjection to another, for his own harm; (though,
where he finds a good and wise ruler, he may not perhaps think it either
necessary or useful to set precise bounds to his power in all things)
prerogative can be nothing but the people’s permitting their rulers to
do several things, of their own free choice, where the law was silent,
and sometimes too against the direct letter of the law, for the public
good; and their acquiescing in it when so done: for as a good prince,
who is mindful of the trust put into his hands, and careful of the good
of his people, cannot have too much prerogative, that is, power to do
good; so a weak and ill prince, who would claim that power which his
predecessors exercised without the direction of the law, as a
prerogative belonging to him by right of his office, which he may
exercise at his pleasure, to make or promote an interest distinct from
that of the public, gives the people an occasion to claim their right,
and limit that power, which, whilst it was exercised for their good,
they were content should be tacitly allowed.
Public-domain text, read in full here on John Shaqi.
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