such in the commonwealth
who misuse the power they have; it is hard to consider it aright, and
know at whose door to lay it, without knowing the form of government in
which it happens. Let us suppose then the legislative placed in the
concurrence of three distinct persons.
(1). A single hereditary person, having the constant, supreme,
executive power, and with it the power of convoking and dissolving the
other two within certain periods of time.
(2). An assembly of hereditary nobility.
(3). An assembly of representatives chosen, pro tempore, by the
people. Such a form of government supposed, it is evident,
Sect. 214. First, That when such a single person, or prince, sets up his
own arbitrary will in place of the laws, which are the will of the
society, declared by the legislative, then the legislative is changed:
for that being in effect the legislative, whose rules and laws are put
in execution, and required to be obeyed; when other laws are set up, and
other rules pretended, and inforced, than what the legislative,
constituted by the society, have enacted, it is plain that the
legislative is changed. Whoever introduces new laws, not being thereunto
authorized by the fundamental appointment of the society, or subverts
the old, disowns and overturns the power by which they were made, and so
sets up a new legislative.
Sect. 215. Secondly, When the prince hinders the legislative from
assembling in its due time, or from acting freely, pursuant to those
ends for which it was constituted, the legislative is altered: for it is
not a certain number of men, no, nor their meeting, unless they have
also freedom of debating, and leisure of perfecting, what is for the
good of the society, wherein the legislative consists: when these are
taken away or altered, so as to deprive the society of the due exercise
of their power, the legislative is truly altered; for it is not names
that constitute governments, but the use and exercise of those powers
that were intended to accompany them; so that he, who takes away the
freedom, or hinders the acting of the legislative in its due seasons, in
effect takes away the legislative, and puts an end to the government.
Sect. 216. Thirdly, When, by the arbitrary power of the prince, the
electors, or ways of election, are altered, without the consent, and
contrary to the common interest of the people, there also the
legislative is altered: for, if others than those w
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