sentiments of mankind, and to the practice and opinion of all nations and all ages. The doctrine, which founds all lawful government on an original contract, or consent of the people, is plainly of this kind; nor has the most noted of its partizans, in prosecution of it, scrupled to affirm, that absolute monarchy is inconsistent with civil society, and so can be no form of civil government at all*; and that the supreme power in a state cannot take from any man, by taxes and impositions, any part of bis property, without his own consent or that of his representatives. What authority any moral reasoning can have, which leads into opinions so wide of the general practice of mankind, in every place but this single kingdom, it is easy to determine.

The only passage I meet with in antiquity, where the obligation of obedience to government is ascribed to a promise, is in PLATO's Crito: where SOCRATES refuses to escape from prison, because he had tacitly promised to obey the laws. Thus he builds a Tory consequence of passive obedience on a Whig foundation of the orinal contract.

New discoveries are not to be expected in these matters. If scarce any man, till very lately, ever imagined that government was founded on compact, it is certain, that it cannot, in general, have any such foundation.

The crime of rebellion among the ancients was commonly expressed by the terms vEWTEGIČEV, novas res moliri.

* See LOCKE on Government, chap. vii. § 90.

Id. chap. xi. § 138, 139, 140.

ESSAY XIII.

OF PASSIVE OBEDIENCE.

In the former essay, we endeavoured to refute the speculative systems of politics advanced in this nation; as well the religious system of the one party, as the philosophical of the other. We come now to examine the practical consequences deduced by each party, with regard to the measures of submission due to sovereigns.

As the obligation to justice is founded entirely on the interests of society, which require mutual abstinence from property, in order to preserve peace among mankind; it is evident, that, when the execution of justice would be attended with very pernicious consequences, that virtue must be suspended, and give place to public utility, in such extraordinary and such pressing emergencies. The maxim, fiat Justitia et ruat Cœlum, let justice be performed, though the universe be destroyed, is apparently false, and by sacrificing the end to the means, shews a preposterous idea of the subordination of duties. What governor of a town makes any scruple of burning the suburbs, when they facilitate the approaches of the enemy? Or what general abstains from plundering a neutral country, when the necessities of war require it, and he cannot otherwise subsist his army? The case is the same with the duty of allegiance;

and common sense teaches us, that, as government binds us to obedience only on account of its tendency to public utility, that duty must always, in extraordinary cases, when public ruin would evidently attend obedience, yield to the primary and original obligation. Salus populi suprema Lex, the safety of the people is the supreme law. This maxim is agreeable to the sentiments of mankind in all ages: Nor is any one, when he reads of the insurrections against NERO or PHILIP the Second, so infatuated with party sytems, as not to wish success to the enterprise, and praise the undertakers. Even our high monarchical party, in spite of their sublime theory, are forced, in such cases, to judge, and feel, and approve, in conformity to the rest of mankind.

Resistance, therefore, being admitted in extraordinary emergencies, the question can only be among good reasoners, with regard to the degree of necessity, which can justify resistance, and render it lawful or commendable. And here I must confess, that I shall always incline to their side, who draw the bond of allegiance very close, and consider an infringement of it, as the last refuge in desperate cases, when the public is in the highest danger, from violence and tyranny. For besides the mischiefs of a civil war, which commonly attends insurrection; it is certain, that, where a disposition to rebellion appears among any people, it is one chief cause of tyranny in the rulers, and forces them into many violent measures which they never would have embraced, had every one been inclined to submission and obedience. Thus the tyrannicide or assassination, approved of by ancient maxims, instead of keeping tyrants and usurpers in awe, made them ten times more fierce and unrelenting; and is now justly, upon that account, abolished by the laws of nations, and universally condemned as a base

and treacherous method of bringing to justice these disturbers of society.

Besides, we must consider, that, as obedience is our duty in the common course of things, it ought chiefly to be inculcated; nor can any thing be more preposterous than an anxious care and solicitude in stating all the cases, in which resistance may be allowed. In like manner, though a philosopher reasonably acknowledges, in the course of an argument, that the rules of justice may be dispensed with in cases of urgent necessity; what should we think of a preacher or casuist, who should make it his chief study to find out such cases, and enforce them with all the vehemence of argument and eloquence? Would he not be better employed in inculcating the general doctrine, than in displaying the particular exceptions, which, we are, perhaps, but too much inclined, of ourselves, to embrace and to extend!

There are, however, two reasons, which may be pleaded in defence of that party among us, who have, with so much industry, propagated the maxims of resistance; maxims which, it must be confessed, are, in general, so pernicious, and so destructive of civil society. The first is, that their antagonists carrying the doctrine of obedience to such an extravagant height, as not only never to mention the exceptions in extraordinary cases (which might, perhaps, be excusable), but even positively to exclude them; it became necessary to insist on these exceptions, and defend the rights of injured truth and liberty. The second, and, perhaps, better reason, is founded on the nature of the BRITISH Constitution and form of government.

It is almost peculiar to our constitution to establish a first magistrate with such high pre-eminence and dignity, that, though limited by the laws, he is, in a manner, so VOL. I. K k