Two Treatises of Government

again, as long as the society lasts, but will always remain in the community; because without this there can be no community, no commonwealth, which is contrary to the original agreement: so also when the society hath placed the legislative in any assembly of men, to continue in them and their successors, with direction and authority for providing such successors, the legislative can never revert to the people whilst that government lasts; because, having provided a legislative with power to continue forever, they have given up their political power to the legislative, and cannot resume it. But if they have set limits to the duration of their legislative, and made this supreme power in any person, or assembly, only temporary; or else, when by the miscarriages of those in authority, it is forfeited; upon the forfeiture, or at the determination of the time set, it reverts to the society, and the people have a right to act as supreme, and continue the legislative in themselves; or erect a new form, or under the old form place it in new hands, as they think good.

Endnotes

1. “In grants and gifts that have their original from God, or nature, as the power of the father hath no inferior power of man can limit, nor shake any law of prescription against them.”

   —⁠Obs. 158

   “The scripture teaches, that supreme power was originally in the father, without any limitation.”

   —⁠Obs. 245

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2. It is no improbable opinion, therefore, which the arch-philosopher was of, “That the chief person in every household was always, as it were, a king: so when numbers of households joined themselves in civil societies together, kings were the first kind of governors amongst them, which is also, as it seemeth, the reason why the name of fathers continued still in them, who, of fathers, were made rulers; as also the ancient custom of governors to do as Melchizedeck, and being kings, to exercise the office of priests, which fathers did at the first, grew perhaps by the same occasion. Howbeit, this is not the only kind of regiment that has been received in the world. The inconveniencies of one kind have caused sundry others to be devised; so that, in a word, all public regiment, of what kind soever, seemeth evidently to have risen from the deliberate advice, consultation, and composition between men, judging it convenient and behoveful; there being no impossibility in nature considered by itself, but that man might have lived without any public regiment.”⁠—Hooker’s Of the Laws of Ecclesiastical Polity l. I sect. 10. ↩

3. “The public power of all society is above every soul contained in the same society; and the principal use of that power is, to give laws unto all that are under it, which laws in such cases we must obey, unless there be reason showed which may necessarily inforce, that the law of reason, or of God, doth enjoin the contrary.”

   —⁠Hooker’s Of the Laws of Ecclesiastical Polity l. I sect. 16

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4. “To take away all such mutual grievances, injuries and wrongs,” i.e. such as attend men in the state of nature, “there was no way but only by growing into composition and agreement amongst themselves, by ordaining some kind of government public, and by yielding themselves subject thereunto, that unto whom they granted authority to rule and govern, by them the peace, tranquillity, and happy state of the rest might be procured. Men always knew that where force and injury was offered, they might be defenders of themselves; they knew that however men may seek their own commodity, yet if this were done with injury unto others, it was not to be suffered, but by all men, and all good means to be withstood. Finally, they knew that no man might in reason take upon him to determine his own right, and according to his own determination proceed in maintenance thereof, in as much as every man is towards himself, and them whom he greatly affects, partial; and therefore that strifes and troubles would be endless, except they gave their common consent, all to be ordered by some, whom they should agree upon, without which consent there would be no reason that one man should take upon him to be lord or judge over another.”

   —⁠Hooker’s Of the Laws of Ecclesiastical Polity l. I sect. 10

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5. “At the first, when some certain kind of regiment was once appointed, it may be that nothing was then farther thought upon for the manner of governing, but all permitted unto their wisdom and discretion, which were to rule, till by experience they found this for all parts very inconvenient, so as the thing which they had devised for a remedy, did indeed but increase the sore which it should have cured. They saw, that to live by one man’s will became the cause of all men’s misery. This constrained them to come unto laws, wherein all men might see their duty beforehand, and know the penalties of transgressing them.”

   —⁠Hooker’s Of the Laws of Ecclesiastical Polity l. I sect. 10

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6. “Civil law, being the act of the whole body politic, doth therefore overrule each several part of the same body.”

   —⁠Hooker’s Of the Laws of Ecclesiastical Polity l. I sect. 10

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7. “At first, when some certain kind of regiment was once approved, it may be nothing was then farther thought upon for the manner of governing, but all permitted unto their wisdom and discretion, which were to rule, till by experience they found this for all parts very inconvenient, so as the thing which they had devised for a remedy, did indeed but increase the sore which it should have cured. They saw, that to live by one