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bound, by that consent, to be concluded by the majority. And therefore we fee, that in
ther, in a secure enjoyment of their properties, and a greater security against any, that are not of it. This any number of men may do, because it injures not the freedom of the rest; they are left as they were, in the liberty of the state of nature. When any number of men have so consented to make one community, or government, they are thereby presently incorporated, and make one body politic, wherein the majority have a right to act, and conclude the rest. “ For when any number of men have, by The ad of the
majority conthe consent of every individual, made a com- cludes the munity, they have thereby made that community one body, with a power to act as one body, which is only by the will and determination of the majority. For that, which acts
any community, being only the consent of the individuals of it, and it being neceffary to that, which is one body, to move one way, it is necessary the body should move that
force carries it, which is the consent of the majority: or else it is impossible it hould act, or continue one body, one community, which the consent of every individual, that united into it, agreed that it should, and fo every one is D 2
asemblies impowered to act by positive laws, where no number is fet by that positive law, which impowers them, the act of the majority passes for the act of the whole, and of course determines, as having, by the law of nature and reason, the power of the whole.
“And thus every man, by consenting with others to make one body politic, under one government, puts himself under an obligation to every one of that society, to submit to the determination of the majority, and to be concluded by it; or else this. original compact, whereby he with others incorporates into one fociety, would fignify nothing, and be no compact, if he be left free, and under no other ties, than he was in before in the itate of nature.
" Whoever, therefore, out of a state of nature, unite into a community, must be understood to give up all the power necessary to the ends, for which they unite into fociety to the majority of the community, unless they expressiy agreed in any number less than the majority. And this is done by barely agreeing to unite into one political society, which is all the compact that is, or need be, between the individuals, that enter into or make
up a common-wealth. And thus, that, which vity and lawful begins and actually constitutes any political fociety, is nothing but the consent of
What conftin tutes a commu.
number of freemen, capable of a majority,
Every man has the uncontrouled right of these fubje&s
*" With Cicero, I think there is nothing
be a mutual co-operating for the
ment in England, p. 179.
gioally from God.
Although we are now considering the Rights of Man in the real actual state of his physical existence and political incorporation with some community, we are not to lose sight of the rights, which he enjoyed in the pure state of nature; for as I before observed, these rights were never given up nor destroyed, but were transferred only from the individual to the body at large. Now although there have existed many differences and dis
putes about the rights of the community, All power ori- or of the people; yet I find all writers una
nimous in tracing or deducing them from Al-
* Fort. de Laud. Leg. Ang. c. iii. p. 5.
blood, which it transmits to all the other members, thereby imparting life and growth
form, no lawful constitution of any govern ment. The most ancient laws, that are known to us, were formerly ascribed to God as their author. For the law, says Cicero in his Philipp. is no other than a rule of well grounded reason, derived from God himself, enjoining whatever is just and right, and forbidding the contrary. So that the institution of magis- Institution of
magistracy jue tracy is jure divino, and the end of it is, that divino. mankind might live under certain laws, and be governed by them ; but what particular the choice of form of government each nation would live the cornmunity. under, and what persons should be entrusted with the magistracy, without doubt, was left to the choice of each nation.”
It is as far from being a modern discovery, as it is from being a false position, that all civil or political power is derived from the people. So Sir John Fortescue said many
* “ As in the natural body
to the philosopher) the heart is the first thing, which lives, having in it the and vigour; so, in the body politic, the first thing, which lives and moves is the intention of the people, having in it the blood, that is,
* Fortesc, de L. L. Angliæ, c. xiii. c. 22.