Of other ministerial and subordinate powers in a commonwealth, we
need not speak, they being so multiplied with infinite variety,
in the different customs and constitutions of distinct
commonwealths, that it is impossible to give a particular account
of them all. Only thus much, which is necessary to our present
purpose, we may take notice of concerning them, that they have no
manner of authority, any of them, beyond what is by positive
grant and commission delegated to them, and are all of them
accountable to some other power in the common-wealth.
Sec. 153. It is not necessary, no, nor so much as
convenient, that the legislative should be always in being; but
absolutely necessary that the executive power should, because
there is not always need of new laws to be made, but always need
of execution of the laws that are made. When the legislative
hath put the execution of the laws, they make, into other hands,
they have a power still to resume it out of those hands, when
they find cause, and to punish for any maladministration against
the laws. The same holds also in regard of the federative power,
that and the executive being both ministerial and subordinate to
the legislative, which, as has been shewed, in a constituted
common-wealth is the supreme. The legislative also in this case
being supposed to consist of several persons, (for if it be a
single person, it cannot but be always in being, and so will, as
supreme, naturally have the supreme executive power, together
with the legislative) may assemble, and exercise their
legislature, at the times that either their original
constitution, or their own adjournment, appoints, or when they
please; if neither of these hath appointed any time, or there be
no other way prescribed to convoke them: for the supreme power
being placed in them by the people, it is always in them, and
they may exercise it when they please, unless by their original
constitution they are limited to certain seasons, or by an act of
their supreme power they have adjourned to a certain time; and
when that time comes, they have a right to assemble and act
again.
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