concerning civil government-第21章
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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 entire
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； ibid。 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 soever； are available by
consent。〃 Hooker； Ibid。
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； 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 it up to the community。 For nobody
can transfer to another more power than he has in himself； and
nobody 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
arbitrary power over the life； liberty； or possession of another；
but only so much as the law of Nature gave him for the preservation of
himself and the rest of mankind； this is all he doth； or can give up
to the commonwealth； and by it to the legislative power； so that the
legislative can have no more than this。 Their power in the utmost
bounds of it is limited to the public good of the society。* It is a
power that hath no other end but preservation； and therefore can never
have a right to destroy； enslave； or designedly to impoverish the
subjects； the obligations of the law of Nature cease not in society；
but only in many cases are drawn closer； and have； by human laws；
known penalties annexed to them to enforce their observation。 Thus the
law of Nature stands as an eternal rule to all men； legislators as
well as others。 The rules that they make for； other men's actions
must； as well as their own and other men's actions； be conformable
to the law of Nature… i。e。； to the will of God； of which that is a
declaration； and the fundamental law of Nature being the
preservation of mankind； no human sanction can be good or valid
against it。
* 〃Two foundations there are which bear up public societies； the one
a natural inclination whereby all men desire sociable life and
fellowship； the other an order； expressly or secretly agreed upon；
touching the manner of their union in living together。 The latter is
that which we call the law of a commonweal； the very soul of a politic
body； the parts whereof are by law animated； held together； and set on
work in such actions as the common good requireth。 Laws politic；
ordained for external order and regimen amongst men； are never
framed as they should be； unless presuming the will of man to be
inwardly obstinate； rebellious； and averse from all obedience to the
sacred laws of his nature； in a word； unless presuming man to be in
regard of his depraved mind little better than a wild beast； they do
accordingly provide notwithstanding； so to frame his outward
actions； that they be no hindrance unto the common good； for which
societies are instituted。 Unless they do this they are not perfect。〃
Hooker； Eccl。 Pol。 i。 10。
136。 Secondly； the legislative or supreme authority cannot assume to
itself a power to rule by extemporary arbitrary decrees； but is
bound to dispense justice and decide the rights of the subject by
promulgated standing laws；* and known authorised judges。 For the law
of Nature being unwritten； and so nowhere to be found but in the minds
of men； they who； through passion or interest； shall miscite or
misapply it； cannot so easily be convinced of their mistake where
there is no established judge； and so it serves not as it aught； to
determine the rights and fence the properties of those that live under
it； especially where every one is judge； interpreter； and
executioner of it too； and that in his own case； and he that has right
on his side； having ordinarily but his own single strength； hath not
force enough to defend himself from injuries or punish delinquents。 To
avoid these inconveniencies which disorder men's properties in the
state of Nature； men unite into societies that they may have the
united strength of the whole society to secure and defend their
properties； and may have standing rules to bound it by which every one
may know what is his。 To this end it is that men give up all their
natural power to the society they enter into； and the community put
the legislative power into such hands as they think fit； with this
trust； that they shall be governed by declared laws； or else their
peace； quiet； and property will still be at the same uncertainty as it
was in the state of Nature。
* 〃Human laws are measures in respect of men whose actions they must
direct； howbeit such measures they are as have also their higher rules
to be measured by； which rules are two… the law of God and the law
of Nature； so that laws human must be made according to the general
laws of Nature； and without contradiction to any positive law of
Scripture； otherwise they are ill made。〃 Hooker； Eccl。 Pol。 iii。 9。
〃To constrain men to anything inconvenient doth seem
unreasonable。〃 Ibid。 i。 10。
137。 Absolute arbitrary power； or governing without settled standing
laws； can neither of them consist with the ends of society and
government； which men would not quit the freedom of the state of
Nature for； and tie themselves up under； were it not to preserve their
lives； liberties； and fortunes； and by stated rules of right and
property to secure their peace and quiet。 It cannot be supposed that
they should intend； had they a power so to do； to give any one or more
an absolute arbitrary power over their persons and estates； and put
a force into the magistrate's hand to execute his unlimited will
arbitrarily upon them； this were to put themselves into a worse
condition than the state of Nature； wherein they had a liberty to
defend their right against the injuries of others； and were upon equal
terms of force to maintain it； whether invaded by a single man or many
in combination。 Whereas by supposing they have given up themselves
to the absolute arbitrary power and will of a legislator； they have
disarmed themselves； and armed him to make a prey of them when he
pleases； he being in a much worse condition that is exposed to the
arbitrary power of one man who has the command of a hundred thousand
than he that is exposed to the arbitrary power
