Sect. Ix. Our own laws confirm to us the enjoyment of X. The words of St. Paul enjoining obedience to higher powers, favour all sorts of governments xi. That which is not just is not law, and that which is not law ought not to be obeyed XII. The right and power of a magistrate depends upon his institution, not upon his name XI11. Laws were made to direct and instruct magis- trates, and if they will not be directed, to re- xiv. Laws are not made by kings, not because they are busied in greater matters than doing justice, but because nations will be governed by rule, XV. A general presumption that kings will govern well, is not a sufficient security to the people . 65 xvi. The observation of the laws of nature is ab- surdly expected from tyrants, who set them- selves up against all laws; and he that sub- jects kings to no other law than what is com- mon to tyrants, destroys their being PAGE manners . vill. The next in blood to deceased kings, cannot generally be said to be kings till they are 99 XIX. The greatest enemy of a just magistrate is he who endeavours to invalidate the contract be- 124 xx. Unjust commands are not to be obeyed; and no man is obliged to suffer for not obeying such 131 XX. It cannot be for the good of the people, that . the magistrate have a power above the law : . . 138 XXI. The rigour of the law is to be tempered by men of known integrity and judgment, and not by 151 XXIII. ARISTOTLE proves, that no man is to be intrust ed with an absolute power, by shewing that no 160 zxit. The power of AUGUSTUS CAESAR was not given, but usurped 165 xxv. The regal power was not the first in this na tion, nor necessarily to be continued, though it 167 XXV1. Though the king may be intrusted with the power of choosing judges; yet that by which 184 2xv11. Magna CHARTA was not the original, but a declaration of the English liberties. The them can only correct the defects of them .. 199 XXVIII. The English nation has always been governed by itself, or its representatives 206 XXIX. The king was never master of the soil . 233 . PAGX cessors xxx. HENRY the First was king of England by as good a title as any of his predecessors or suc 240 XXXI. Free nations have a right of meeting, when and where they please, unless they deprive them- 246 XXXII. The powers of kings are so various, according to the constitutions of several states, that no advantage of any one, merely froin the name 259 XXXIII. The liberty of a people is the gift of God and nature 263 xxxiv. No veneration paid, or honour conferred upon a just and lawful magistrate, can diminish the lib- 269 xxxv. The authority given by our law to the acts per formed by a king de facto, detract nothing from the people's right of creating whom they please 274 xxxvi. The general revolt of a nation cannot be called a rebellion . 278 XXXVII. The English government was not ill constitut ed, the defects more lately observed proceed- 288 XXXVIII. The power of calling and dissolving parlia ments is not simply in the king. The variety of customs in chusing parliament-men, and the errors a people may commit, neither prove that kings are or ought to be absolute 295 XXXIX. Those kings only are heads of the people, who are good, wise, and seek to advance no interest 307 XL. Good laws prescribe easy and safe remedies against the evils proceeding from the vices or 319 . . PAGE 'XLI. The people, for whom and by whom the magis trate is created, can only judge whether he 328 XLII. The person that wears the crown cannot deter mine the affairs which the law refers to the king 337 XL111. Proclamations are not laws 347 xliv. No people that is not free, can substitute delegates 357 xlv. The legislative power is always arbitrary, and not to be trusted in the hands of any, who are not bound to obey the laws they make XLVI. The coercive power of the law proceeds from the authority of Parliament 372 • 367 |
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