And
therefore we see that in assemblies empowered to act by positive
laws where no number is set by that positive law which empowers
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.
97. 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 society, would signify
nothing, and be no compact if he be left free and under no other
ties than he was in before in the state of Nature. For what appearance
would there be of any compact? What new engagement if he were no
farther tied by any decrees of the society than he himself thought fit
and did actually consent to? This would be still as great a liberty as
he himself had before his compact, or any one else in the state of
Nature, who may submit himself and consent to any acts of it if he
thinks fit.
98. For if the consent of the majority shall not in reason be
received as the act of the whole, and conclude every individual,
nothing but the consent of every individual can make anything to be
the act of the whole, which, considering the infirmities of health and
avocations of business, which in a number though much less than that
of a commonwealth, will necessarily keep many away from the public
assembly; and the variety of opinions and contrariety of interests
which unavoidably happen in all collections of men, it is next
impossible ever to be had.
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