ers. Now the power of election and censure
are of the utmost consequence, and this, as has been said, in some
states they entrust to the people; for the general assembly is the
supreme court of all, and they have a voice in this, and deliberate in
all public affairs, and try all causes, without any objection to the
meanness of their circumstances, and at any age: but their treasurers,
generals, and other great officers of state are taken from men of great
fortune and worth. This difficulty also may be solved upon the same
principle; and here too they may be right, for the power is not in the
man who is member of the assembly, or council, but the assembly itself,
and the council, and the people, of which each individual of the whole
community are the parts, I mean as senator, adviser, or judge; for which
reason it is very right, that the many should have the greatest powers
in their own hands; for the people, the council, and the judges are
composed of them, and the property of all these collectively is more
than the property of any person or a few who fill the great offices of
the state: and thus I determine these points.

The first question that we stated shows plainly, that the supreme
power should be lodged in laws duly made and that the magistrate or
magistrates, either one or more, should be authorised to determine those
cases which the laws cannot particularly speak to, as it is impossible
for them, in general language, to explain themselves upon everything
that may arise: but what these laws are which are established upon the
best foundations has not been yet explained, but still remains a matter
of some question: but the laws of every state will necessarily be like
every state, either trifling or excellent, just or unjust; for it is
evident, that the laws must be framed correspondent to the constitution
of the government; and, if so, it is plain, that a well-formed
government will have good laws, a bad one, bad ones.

CHAPTER XII

Since in every art and science the end aimed at is always good, so
particularly in this, which is the most excellent of all, the founding
of civil society, the good wherein aimed at is justice; for it is this
which is for the benefit of all. Now, it is the common opinion, that
justice is a certain equality; and in this point all the philosophers
are agreed when they treat of morals: for they say what is just, and to
whom; and that equals ought to receive equal: but we should