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far as regards his own person, above the laws, and can neither be questioned nor punished for any injury of wrong which may be committed by him. His ministers alone, or those who act by his commission, are obnoxious to justice; and while the prince is thus allured, by the prospect of personal safety, to give the laws their free course, an equal security is, in effect, obtained by the punishment of lesser offenders, and at the same time a civil war is avoided, which would be the infallible consequence, were an attack, at every turn, made directly upon the sovereign. But though the constitution pays this salutary compliment to the prince, it can never reasonably be understood, by that maxim, to have determined its own destruction, or to have established a tame submission, where he protects his ministers, perseveres in injustice, and usurps the whole power of the commonwealth. This case, indeed, is never expressly put by the laws; because it is impossible for them, in their ordinary course, to provide a remedy for it, or establisk any magistrate, with superior authority, to chastise the exorbitances of the prince. But as a right without a remedy would be an absurdity; the remedy, in this case, is the extraordinary one of resistance, when affairs come to that extremity, that the constitution can be defended by it alone. Resistance, therefore, must, of course, become more frequent in the BRITISH government, than in others, which are simpler, and consist of fewer parts and movements. Where the king is an absolute sovereign, he has little temptation to commit such enormous tyranny as may justly provoke rebellion; But where he is limited, his imprudent ambition, without any great vices, may run him into that perilous situation. This is frequently supposed to have been the case with CHARLES 'the First; and if we may now

speak truth, after animosities are ceased, this was also the case with JAMES the Second. These were harmless, if not, in their private character, good men; but mistaking the nature of our constitution, and engrossing the whole legislative power, it became necessary to oppose them with some vehemence; and even to deprive the latter formally of that authority, which he had used with such imprudence and indiscretion.

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ESSAY XIV.

OF THE COALITION OF PARTIES.

To

o abolish all distinctions of party may not be practicable, perhaps not desirable, in a free government. The only dangerous parties are such as entertain opposite views with regard to the essentials of government, the succession of the crown, or the more considerable privileges belonging to the several members of the constitution; where there is no room for any compromise or accommodation, and where the controversy may appear so momentous as to justify even an opposition by arms to the pretensions of antagonists. Of this nature was the animosity, continued for above a century past, between the parties in ENGLAND; an animosity which broke out sometimes into civil war, which occasioned violent revolutions, and which continually endangered the peace and tranquillity of the nation. But as there have appeared of late the strongest symptoms of an universal desire to abolish these party distinctions; this tendency to a coalition affords the most agreeable prospect of future happiness, and ought to be carefully cherished and promoted by every lover of his country.

There is not a more effectual method of promoting so good an end, than to prevent all unreasonable insult and triumph of the one party over the other, to encourage

moderate opinions, to find the proper medium in all disputes, to persuade each that its antagonist may possibly be sometimes in the right, and to keep a balance in the praise of blame, which we bestow on either side. The two former essays, concerning the original contract and passive obedience, are calculated for this purpose with regard to the philosophical and practical controversies between the parties, and tend to show that neither side are in these respects so fully supported by reason as they endeavour to flatter themselves. We shall proceed to exercise the same moderation with regard to the historical disputes between the parties, by proving that each of them was justified by plausible topics; that there was on both sides wise men, who meant well to their country; and that the past animosity between the factions had no better foundation than narrow prejudice or interested passion.

The popular party, who afterwards acquired the name of Whigs, might justify, by very specious arguments, that opposition to the crown, from which our present free constitution is derived. Though obliged to acknowledge, that precedents in favour of prerogative had uniformly taken place during many reigns before CHARLES the First, they thought, that there was no reason for submitting any longer to so dangerous an authority. Such might have been their reasoning: As the rights of mankind are for ever to be deemed sacred, no prescription of tyranny or arbitrary power can have authority suffi cient to abolish them. Liberty is a blessing so inestimable, that, wherever there appears any probability of recovering it, a nation may willingly run many hazards, and ought not even to repine at the greatest effusion of blood or dissipation of treasure. All human institutions, and none more than government, are in continual fluctuation. Kings are sure to embrace every opportunity of

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