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 common-wealth; yet:
First, It is not, nor can possibly be absolutely arbitrary over the
lives and fortunes of the people: for it being but the joint power of
every member of the society given up to that person, or assembly, which
is legislator; it can be no more than those persons had in a state of
nature before they entered into society, and gave up to the community:
for no body can transfer to another more power than he has in himself;
and no body has an absolute arbitrary power over himself, or over any
other, to destroy his own life, or take away the life or property of
another. A man, as has been proved, cannot subject himself to the
arbitrary power of another; and having in the state of nature no
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