OF THE LEGISLATIVE, EXECUTIVE, AND FEDERATIVE POWER OF THE
COMMON-WEALTH.
Sect. 143. THE legislative power is that, which has a right to direct
how the force of the commonwealth shall be employed for preserving the
community and the members of it. But because those laws which are
constantly to be executed, and whose force is always to continue, may be
made in a little time; therefore there is no need, that the legislative
should be always in being, not having always business to do. And because
it may be too great a temptation to human frailty, apt to grasp at
power, for the same persons, who have the power of making laws, to have
also in their hands the power to execute them, whereby they may exempt
themselves from obedience to the laws they make, and suit the law, both
in its making, and execution, to their own private advantage, and
thereby come to have a distinct interest from the rest of the community,
contrary to the end of society and government: therefore in wellordered
commonwealths, where the good of the whole is so considered, as it
ought, the legislative power is put into the hands of divers persons,
who duly assembled, have by themselves, or jointly with others, a power
to make laws, which when they have done, being separated again, they are
themselves subject to the laws they have made; which is a new and near
tie upon them, to take care, that they make them for the public good.
Sect. 144. But because the laws, that are at once, and in a short time
made, have a constant and lasting force, and need a perpetual execution,
or an attendance thereunto; therefore it is necessary there should be a
power always in being, which should see to the execution of the laws
that are made, and remain in force. And thus the legislative and
executive power come often to be separated.
Sect. 145. There is another power in every commonwealth, which one may
call natural, because it is that which answers to the power every man
naturally had before he entered into society: for though in a
commonwealth the members of it are distinct persons still in reference
to one another, and as such as governed by the laws of the society; yet
in reference to the rest of mankind, they make one body, which is, as
every member of it before was, still in the state of nature with the
rest of mankind. Hence it is, that the controversies that happen between
any man of the society with those that are out of it, are managed by the
public; and an injury done to a member of their body, engages the whole
in the reparation of it. So that under this consideration, the whole
community is one body in the state of nature, in respect of all other
states or persons out of its community.
Sect. 146. This therefore contains the power of war and peace, leagues
and alliances, and all the transactions, with all persons and
communities without the commonwealth, and may be called federative, if
any one pleases. So the thing be understood, I am indifferent as to the
name.
Sect. 147. These two powers, executive and federative, though they be
really distinct in themselves, yet one comprehending the execution of
the municipal laws of the society within its self, upon all that are
parts of it; the other the management of the security and interest of
the public without, with all those that it may receive benefit or damage
from, yet they are always almost united. And though this federative
power in the well or ill management of it be of great moment to the
commonwealth, yet it is much less capable to be directed by antecedent,
standing, positive laws, than the executive; and so must necessarily be
left to the prudence and wisdom of those, whose hands it is in, to be
managed for the public good: for the laws that concern subjects one
amongst another, being to direct their actions, may well enough precede
them. But what is to be done in reference to foreigners, depending much
upon their actions, and the variation of designs and interests, must be
left in great part to the prudence of those, who have this power
committed to them, to be managed by the best of their skill, for the
advantage of the commonwealth.
Sect. 148. Though, as I said, the executive and federative power of
every community be really distinct in themselves, yet they are hardly to
be separated, and placed at the same time, in the hands of distinct
persons: for both of them requiring the force of the society for their
exercise, it is almost impracticable to place the force of the
commonwealth in distinct, and not subordinate hands; or that the
executive and federative power should be placed in persons, that might
act separately, whereby the force of the public would be under different
commands: which would be apt some time or other to cause disorder and
ruin.