Laws they are not therefore which public approbation hath not
made so. Hooker's Eccl. Pol. l. i. sect. 10. Of this point
therefore we are to note, that sith men naturally have no full
and perfect power to command whole politic multitudes of men,
therefore utterly without our consent, we could in such sort be
at no man's commandment living. And to be commanded we do
consent, when that society, whereof we be a part, hath at any
time before consented, without revoking the same after by the
like universal agreement.
Laws therefore human, of what kind so ever, are available by
consent. Ibid.)
Sec. 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 common-wealth; yet,
First, It is not, nor can possibly be absolutely arbitrary
over the lives and fortunes of the people: for it being but the
joint power of every member of the society given up to that
person, or assembly, which is legislator; it can be no more than
those persons had in a state of nature before they entered into
society, and gave up to the community: for no body can transfer
to another more power than he has in himself; and no body has an
absolute arbitrary power over himself, or over any other, to
destroy his own life, or take away the life or property of
another.
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