Section
222. “…[W]henever the legislators endeavour to take away, and destroy the
property of the people, or to reduce them to slavery under arbitrary power,
they put themselves into a state of war with the people, who are thereupon absolved
from any farther obedience, and are left to the common refuge, which God hath
provided for all men, against force and violence. Whensoever therefore the
legislative shall transgress this fundamental rule of society; and either by
ambition, fear, folly or corruption, endeavour to grasp themselves, or put into
the hands of any other, an absolute power over the lives, liberties, and
estates of the people; by this breach of trust they forfeit the power the
people had put into their hands for quite contrary ends, and it devolves to the
people, who have a right to resume their original liberty, and, by the
establishment of a new legislative, (such as they shall think fit) provide for
their own safety and security, which is the end for which they are in society.
What I have said here, concerning the legislative in general, holds true also
concerning the supreme executor, who having a double trust put in him, both to
have a part in the legislative, and the supreme execution of the law, acts
against both, when he goes about to set up his own arbitrary will as the law of
the society. He acts also contrary to his trust, when he either employs the
force, treasure, and offices of the society, to corrupt the representatives,
and gain them to his purposes; or openly pre-engages the electors, and
prescribes to their choice, such, whom he has, by solicitations, threats,
promises, or otherwise, won to his designs; and employs them to bring in such,
who have promised before-hand what to vote, and what to enact. Thus, to regulate
candidates and electors, and new-model the ways of election, what is it but to
cut up the government by the roots, and poison the very fountain of public
security?...” (Locke, “Of the Dissolution of Government” chap.
XIX, p. 135).
Section 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…” (“Of the Extent of the Legislative
Power” chap. XI, p. 81).
Section 136. “Secondly, the legislative, or supreme authority, cannot assume to its
self 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 authorized judges…” (p. 83).
Section
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 to 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… [F]or all the power the government has, being only for
the good of the society, as it ought not to be arbitrary and at pleasure, so it
ought to be exercised by established and promulgated laws; that both the people
may know their duty, and be safe and secure within the limits of the law; and
the rulers too kept within their bounds, and not be tempted, by the power they
have in their hands, to employ it to such purposes, and by such measures, as
they would not have known, and own not willingly” (pgs. 84-85).
Locke,
John. Second Treatise of Civil Government. Chicago: Great Books
Foundation, 1948. (Locke’s book appeared anonymously in 1690).
This should be required reading in all schools and universities.
ReplyDeleteIndeed, Locke provided the template for the Declaration of Independence and the U.S. Constitution.
Delete“...We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to affect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly, all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security...” (The Declaration of Independence).
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