Изображения страниц
PDF
EPUB

pened, among other arguments, to make use of this great and just principle, that all civil power is ultimately derived from the people; and their adverfaries, in England and elsewhere, inftead of fhewing how they abused and perverted that fundamental principle of all government, in the cafe in queftion, did what difputants, warmed with controversy, are very apt to do; they denied the principle itself, and maintained that all civil power is derived from God; as if the Jewish theocracy had been eftablished throughout the whole world."-And, *« The hiftory of this controverfy, about the doctrine of paffive obedience and non-refistance, affords a ftriking example of the danger of having recourfe to falfe prin

child, a

religious man or a fubject to defend himself against his parent, fuperior, or fovereign, if it be necesfary, even by killing the aggreffor; unless by killing him very great mifchiefs indeed fhould happen, as wars, &c." To Englishmen, who fometimes foften their verdict by finding a fe defendendo, thefe principles may not feem more outrageous, than Dr. Prieftley's own doctrines. "If it be afked, how far a people may lawfully go, in punishing their chief magiftrates, I anfwer, that if the enormity of the offence (which is of the fame extent as the injury done to the public) be confidered, any punishment is justifiable, that a man can incur in human fociety." Efays on the First Principles of Govern

ment, p. 36.

Priestley, ibid. p. 29.

ciples

ciples in controversy. They may ferve a particular turn, but, in other cafes, may be сараble of the most dangerous application; whereas universal truth will, in all poffible cafes, have the best consequences, and be ever favourable to the true interefts of mankind."

CHAP.

CHA P. VII.

OF THE LEGISLATIVE power.

IT

is fingular, that in the variety of ancient and modern authors, who speak familiarly of the conftitution, I fcarcely find one, that attempts to define it; and yet I think it the first duty of every writer to define, at least according to his own conceptions, that, which he undertakes to discuss *.

the conftitu

tion.

By the conftitution of England, I mean Definition of those immediate emanations from the first principles of civil government, which the community have adopted as general rules for carrying into action that right or power of fovereignty, which unalienably refides with them, and which confequently form the immediate basis or ground, upon which all the laws of the community are founded. The tranfcendent force of the reasons for thefe

[ocr errors]

By conftitution we mean, whenever we speak with propriety and exactnefs, that affemblage of laws, inftitutions, and cuftoms, derived from certain fixed principles of reafon, directed to certain fixed objects of public good, that compofe the general fyftem, according to which the community hath agreed to be governed." Differtation upon Parties, Letter x. p. 103, printed 1739.

L

rules

Inftances of the

conftitution al

to its level.

rules has acquired from the community an univerfal and unexceptionable admiffion of them, which has fuperfeded the neceffity of expreffing them in a given form of words, like particular laws. They are not like those metaphysical or mathematical rules, which ferve to direct and regulate the practice; but they are themfelves active and practical rules, which can never cease to operate their effect upon the government, whilft the government fubfifts; they have a political buoyancy in the ftate, and like a cork in the waves, which may by commotion of the element, be loft for a time from the fight, but in the calm must neceffarily refume its vifible ftation on the furface.

"And, indeed, we may obferve the remarkways returning able manner, in which it has been maintained in the midft of fuch general commotions, as feemed unavoidably to prepare its deftruction. It rofe again, we fee, after the wars between Henry the Third and his barons; after the ufurpation of Henry the Fourth; and after the long and bloody contentions between the houfes of York and Lancafter; nay, though totally deftroyed in appearance,

De Lolme on the Conftitution of England, b. ii.

c. xviii.

after

after the fall of Charles the Firft; and, though the greatest efforts had been made to establish another form of government in its ftead, yet, no fooner was Charles the Second called oyer, than the conftitution was re-established upon all its ancient foundations."

The state of compulfive force, ufurpation, or tyranny, is a temporary fubversion of the government, as a tempeftuous commotion of the fea is a temporary derangement or violation of the natural laws of fpecific gravity, by which the cork would for ever remain afloat upon the water. *As ufur- Difference of pation," fays Mr. Locke," is the exercife of ufurpation and

power, which another hath a right to, fo tyranny is the exercife of power beyond right, which no body can have a right to." And he fays elsewhere, "No polities can be founded on any thing, but the confent of

the people."

Before I enter immediately upon the par ticular nature of our conftitution, it will not be improper to fubmit to my readers what this folid and perfpicuous philofopher fays of the general forms of a common-wealth.— ‡“The majority having, as has been shew

• Locke of Civil Government, c. xviii.

+ Ibid. c. xvi

L 2

+ lbid. c. xvi.

ed,

tyranny.

« ПредыдущаяПродолжить »