But yet it is to be
observed that though oaths of allegiance and fealty are taken to
him, it is not to him as supreme legislator, but as supreme executor
of the law made by a joint power of him with others, allegiance
being nothing but an obedience according to law, which, when he
violates, he has no right to obedience, nor can claim it otherwise
than as the public person vested with the power of the law, and so
is to be considered as the image, phantom, or representative of the
commonwealth, acted by the will of the society declared in its laws,
and thus he has no will, no power, but that of the law. But when he
quits this representation, this public will, and acts by his own
private will, he degrades himself, and is but a single private
person without power and without will; the members owing no
obedience but to the public will of the society.
152. The executive power placed anywhere but in a person that has
also a share in the legislative is visibly subordinate and accountable
to it, and may be at pleasure changed and displaced; so that it is not
the supreme executive power that is exempt from subordination, but the
supreme executive power vested in one, who having a share in the
legislative, has no distinct superior legislative to be subordinate
and accountable to, farther than he himself shall join and consent, so
that he is no more subordinate than he himself shall think fit,
which one may certainly conclude will be but very little.
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