The power of the legislative, being derived from the people by a positive voluntary grant and institution, can be no other than what that positive grant conveyed, which being only to make laws, and not to make legislators, the legislative can have no power to transfer their authority of making laws, and place it in other hands.
English philosopher and physician (1632-1704)
John Locke (29 August 1632 – 28 October 1704) was an influential English philosopher and social contract theorist. He developed an alternative to the Hobbesian state of nature and asserted a government could be good only if it received the consent of the governed and protected the natural rights of life, liberty, and estate. If such a consent was not achieved, Locke argued in favour of a right of rebellion, which he referred to as an "appeal to heaven".
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"Slavery is so vile and miserable an Estate of Man, and so directly opposite to the generous Temper and Courage of our Nation; that 'tis hardly to be conceived, that an Englishman, much less a Gentleman, should plead for't.. And truly, I should have taken Sr. Rt: Filmer's "Patriarcha" as any other Treatise, which would perswade all Men, that they are Slaves, and ought to be so, for such another exercise of Wit, as was his who writ the Encomium (Praise) of Nero, rather than for a serious Discourse meant in earnest, had not the Gravity of the Title and Epistle, the Picture in the Front of the Book, and the Applause that followed it, required me to believe, that the Author and Publisher were both in earnest. I therefore took it into my hands with all the expectation and read it through with all the attention due to a Treaties, that made such a noise at its coming abroad and cannot but confess my self mightily surprised, that in a Book which was to provide Chains for all Mankind, I should find nothing but a Rope of Sand, useful perhaps to such, whose Skill and Business it is to raise a Dust, and would blind the People, the better to mislead them, but in truth is not of any force to draw those into Bondage, who have their Eyes open, and so much Sense about them as to consider, that Chains are but an Ill wearing, how much Care soever hath been taken to file and polish them."
Though if infidels were to be converted by force, if those that are either blind or obstinate were to be drawn off from their errors by armed soldiers, we know very well that it was much more easy for Him to do it with armies of heavenly legions than for any son of the Church, how potent soever, with all his dragoons.
Every man carries about him a touchstone, if he will make use of it, to distinguish substantial gold from superficial glitterings, truth from appearances. And indeed the use and benefit of this touchstone, which is natural reason, is spoiled and lost only by assumed prejudices, overweening presumption, and narrowing our minds.
The understanding, like the eye, whilst it makes us see and perceive all other things, takes no notice of itself: and it requires art and pains to set it at a distance and make it its own object....
If by this inquiry into the nature of the understanding, I can discover the powers thereof; how far they reach; to what things they are in any degree proportionate; and where they fail us, I suppose it may be of use to prevail with the busy mind of man to be more cautious in meddling with things exceeding its comprehension; to stop when it is at the utmost extent of its tether; and to sit down in a quiet ignorance of those things which, upon examination, are found to be beyond the reach of our capacities.
Earthly minds, like mud-walls, resist the strongest batteries: And though perhaps sometimes the force of a clear argument may make some impression, yet they nevertheless stand firm, and keep out the enemy truth, that would captivate or disturb them. Tell a man passionately in love, that he is jilted; bring a score of witnesses of the falsehood of his mistress, it is ten to one but three kind words of hers shall invalidate all their testimonies.
Wherever, therefore, any number of men so unite into one society, as to quit everyone his executive power of the law of Nature, and to resign it to the public, there, and there only, is a political or civil society. [....] Hence it is evident that absolute monarchy, which by some men [e.g., Hobbes] is counted the only government in the world, is indeed inconsistent with civil society, and so can be no form of civil government at all.
This is that which I think great readers are apt to be mistaken in. Those who have read of every thing are thought to understand every thing too; but it is not always so. Reading furnishes the mind only with materials of knowledge; it is thinking makes what we read ours. We are of the ruminating kind, and it is not enough to cram ourselves with a great load of collections; unless we chew them over again, they will not give us strength and nourishment.
Sect. 4. TO understand political power right, and derive it from its original, we must consider, what state all men are naturally in, and that is, a state of perfect freedom to order their actions, and dispose of their possessions and persons, as they think fit, within the bounds of the law of nature, without asking leave, or depending upon the will of any other man.