Second Treatise of Government — John Locke — John Shaqi
Second Treatise of Government
John Locke · English
Sect. 134. THE great end of men’s entering into society, being the
enjoyment of their properties in peace and safety, and the great
instrument and means of that being the laws established in that society;
the first and fundamental positive law of all commonwealths is the
establishing of the legislative power; as the first and fundamental
natural law, which is to govern even the legislative itself, is the
preservation of the society, and (as far as will consist with the public
good) of every person in it. This legislative is not only the supreme
power of the commonwealth, but sacred and unalterable in the hands
where the community have once placed it; nor can any edict of any body
else, in what form soever conceived, or by what power soever backed,
have the force and obligation of a law, which has not its sanction from
that legislative which the public has chosen and appointed: for without
this the law could not have that, which is absolutely necessary to its
being a law,* the consent of the society, over whom no body can have a
power to make laws, but by their own consent, and by authority received
from them; and therefore all the obedience, which by the most solemn
ties any one can be obliged to pay, ultimately terminates in this
supreme power, and is directed by those laws which it enacts: nor can
any oaths to any foreign power whatsoever, or any domestic subordinate
power, discharge any member of the society from his obedience to the
legislative, acting pursuant to their trust; nor oblige him to any
obedience contrary to the laws so enacted, or farther than they do
allow; it being ridiculous to imagine one can be tied ultimately to obey
any power in the society, which is not the supreme.
(*The lawful power of making laws to command whole politic societies of
men, belonging so properly unto the same intire societies, that for any
prince or potentate of what kind soever upon earth, to exercise the same
of himself, and not by express commission immediately and personally
received from God, or else by authority derived at the first from their
consent, upon whose persons they impose laws, it is no better than mere
tyranny. Laws they are not therefore which public approbation hath not
made so. Hooker’s Eccl. Pol. l. i. sect. 10.
Of this point therefore we are to note, that such men naturally have no
full and perfect power to command whole politic multitudes of men,
therefore utterly without our consent, we could in such sort be at no
man’s commandment living. And to be commanded we do consent, when that
society, whereof we be a part, hath at any time before consented,
without revoking the same after by the like universal agreement. Laws
therefore human, of what kind so ever, are available by consent. Ibid.)
Sect. 135. Though the legislative, whether placed in one or more,
whether it be always in being, or only by intervals, though it be the
supreme power in every commonwealth; yet: