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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-
tween him and the people, or to corrupt their

124 xx. Unjust commands are not to be obeyed; and

no man is obliged to suffer for not obeying such
as are against law

131 XX. It cannot be for the good of the people, that


the magistrate have a power above the law :
and he is not a magistrate who has not his
power by law

. . 138 XXI. The rigour of the law is to be tempered by men

of known integrity and judgment, and not by
the prince who may be ignorant or vicious

151 XXIII. ARISTOTLE proves, that no man is to be intrust

ed with an absolute power, by shewing that no
one knows how to execute it, but such a man as
is not to be found

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
had been the first

167 XXV1. Though the king may be intrusted with the

power of choosing judges; yet that by which
they act is from the law

184 2xv11. Magna CHARTA was not the original, but a

declaration of the English liberties. The
king's power is not restrained, but created by
that and other laws; and the nation that made

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




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-
selves of it

246 XXXII. The powers of kings are so various, according

to the constitutions of several states, that no
consequence can be drawn to the prejudice or

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-
erty of a nation

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-
ing from the change of manners, and corrup-
tion of the times

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
but that of the public

307 XL. Good laws prescribe easy and safe remedies

against the evils proceeding from the vices or
infirmities of the magistrate ; and when they
fail, they must be supplied




PAGE 'XLI. The people, for whom and by whom the magis

trate is created, can only judge whether he
rightly perform his office or not

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


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