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 cloth, or can give up
to the common-wealth, 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 inforce 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, expresly or secretly agreed upon,
touching the manner of their union in living together: the latter is
that which we call the law of a common-weal, 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 regiment 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's Eccl. Pol. l. i.
sect. 10.)
Sect. 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 authoriz
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