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or the frame of an house to subsist when the materials of it are scattered and dissipated by a whirl…wind; or jumbled into a confused heap by an earthquake。 Sec。 212。 Besides this over…turning from without; governments are dissolved from within; First; When the legislative is altered。 Civil society being a state of peace; amongst those who are of it; from whom the state of war is excluded by the umpirage; which they have provided in their legislative; for the ending all differences that may arise amongst any of them; it is in their legislative; that the members of a commonwealth are united; and combined together into one coherent living body。 This is the soul that gives form; life; and unity; to the common…wealth: from hence the several members have their mutual influence; sympathy; and connexion: and therefore; when the legislative is broken; or dissolved; dissolution and death follows: for the essence and union of the society consisting in having one will; the legislative; when once established by the majority; has the declaring; and as it were keeping of that will。 The constitution of the legislative is the first and fundamental act of society; whereby provision is made for the continuation of their union; under the direction of persons; and bonds of laws; made by persons authorized thereunto; by the consent and appointment of the people; without which no one man; or number of men; amongst them; can have authority of making laws that shall be binding to the rest。 When any one; or more; shall take upon them to make laws; whom the people have not appointed so to do; they make laws without authority; which the people are not therefore bound to obey; by which means they come again to be out of subjection; and may constitute to themselves a new legislative; as they think best; being in full liberty to resist the force of those; who without authority would impose any thing upon them。 Every one is at the disposure of his own will; when those who had; by the delegation of the society; the declaring of the public will; are excluded from it; and others usurp the place; who have no such authority or delegation。
Sec。 213。 This being usually brought about by such in the commonwealth who misuse the power they have; it is hard to consider it aright; and know at whose door to lay it; without knowing the form of government in which it happens。 Let us suppose then the legislative placed in the concurrence of three distinct persons。 1。 A single hereditary person; having the constant; supreme; executive power; and with it the power of convoking and dissolving the other two within certain periods of time。 2。 An assembly of hereditary nobility。 3。 An assembly of representatives chosen; pro tempore; by the people。 Such a form of government supposed; it is evident; Sec。 214。 First; That when such a single person; or prince; sets up his own arbitrary will in place of the laws; which are the will of the society; declarad by the legislative; then the legislative is changed: for that being in effect the legislative; whose rules and laws are put in execution; and required to be obeyed; when other laws are set up; and other rules pretended; and inforced; than what the legislative; constituted by the society; have enacted; it is plain that the legislative is changed。 Whoever introduces new laws; not being thereunto authorized by the fundamental appointment of the society; or subverts the old; disowns and overturns the power by which they were made; and so sets up a new legislative。 Sec。 215。 Secondly; When the prince hinders the legislative from assembling in its due time; or from acting freely; pursuant to those ends for which it was constituted; the legislative is altered: for it is not a certain number of men; no; nor their meeting; unless they have also freedom of debating; and leisure of perfecting; what is for the good of the society; wherein the legislative consists: when these are taken away or altered; so as to deprive the society of the due exercise of their power; the legislative is truly altered; for it is not names that constitute governments; but the use and exercise of those powers that were intended to accompany them; so that he; who takes away the freedom; or hinders the acting of the legislative in its due seasons; in effect takes away the legislative; and puts an end to the government; Sec。 216。 Thirdly; When; by the arbitrary power of the prince; the electors; or ways of election; are altered; without the consent; and contrary to the common interest of the people; there also the legislative is altered: for; if others than those whom the society hath authorized thereunto; do chuse; or in another way than what the society hath prescribed; those chosen are not the legislative appointed by the people。 Sec。 217。 Fourthly; The delivery also of the people into the subjection of a foreign power; either by the prince; or by the legislative; is certainly a change of the legislative; and so a dissolution of the government: for the end why people entered into society being to be preserved one intire; free; independent society; to be governed by its own laws; this is lost; whenever they are given up into the power of another。 Sec。 218。 Why; in such a constitution as this; the dissolution of the government in these cases is to be imputed to the prince; is evident; because he; having the force; treasure and offices of the state to employ; and often persuading himself; or being flattered by others; that as supreme magistrate he is uncapable of controul; he alone is in a condition to make great advances toward such changes; under pretence of lawful authority; and has it in his hands to terrify or suppress opposers; as factious; seditious; and enemies to the government: whereas no other part of the legislative; or people; is capable by themselves to attempt any alteration of the legislative; without open and visible rebellion; apt enough to be taken notice of; which; when it prevails; produces effects very little different from foreign conquest。 Besides; the prince in such a form of
government; having the power of dissolving the other parts of the legislative; and thereby rendering them private persons; they can never in opposition to him; or without his concurrence; alter the legislative by a law; his conse power; neglects and abandons that charge; so that the laws already made can no longer be put in execution。 This is demonstratively to reduce all to anarchy; and so effectually to dissolve the government: for laws not being made for themselves; but to be; by their execution; the bonds of the society; to keep every part of the body politic in its due place and function; when that totally ceases; the government visibly ceases; and the people become a confused multitude; without order or connexion。 Where there is no longer the administration of justice; for the securing of men's rights; nor any remaining power within the community to direct the force; or provide for the necessities of the public; there certainly is no government left。 Where the laws cannot be executed; it is all one as if there were no laws; and a government without laws is; I suppose; a mystery in politics; unconceivable to human capacity; and inconsistent with human society。 Sec。 220。 In these and the like cases; when the government is dissolved; the people are at liberty to provide for themselves; by erecting a new legislative; differing from the other; by the change of persons; or form; or both; as they shall find it most for their safety and good: for the society can never; by the fault of another; lose the native and original right it has to preserve itself; which can only be done by a settled legislative; and a fair and impartial execution of the laws made by it。 But the state of mankind is not so miserable that they are not capable of using this remedy; till it be too late to look for any。 To tell people they may provide for themselves; by erecting a new legislative; when by oppression; artifice; or being delivered over to a foreign power; their old one is gone; is only to tell them; they may expect relief when it is too late; and the evil is past cure。 This is in effect no more than to bid them first be slaves; and then to take care of their liberty; and when their chains are on; tell them; they may act like freemen。 This; if barely so; is rather mockery than relief; and men can never be secure from tyranny; if there be no means to escape it till they are perfectly under it: and therefore it is; that they have not only a right to get out of it; but to prevent it。 Sec。 221。 There is therefore; secondly; another way whereby governments are dissolved; and that is; when the legislative; or the prince; either of them; act contrary to their trust。 First; The legislative acts against the trust reposed in them; when they endeavour to invade the property of the subject; and to make themselves; or any part of the community; masters; or arbitrary disposers of the lives; liberties; or fortunes of the people。 Sec。 222。 The reason why men enter into society; i