CONTENTS. 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 XIII. Laws were made to direct and instruct magis- CHAPTER III. XIV. Laws are not made by kings, not because they are busied in greater matters than doing justice, zv. A general presumption that kings will govern well, is not a sufficient security to the people. 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 82 IVIII. The next in blood to deceased kings, cannot generally be said to be kings till they are crowned . . PAGE xIx. The greatest enemy of a just magistrate is he who endeavours to invalidate the contract between him and the people, or to corrupt their manners . . xx. Unjust commands are not to be obeyed; and w xxi. 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 XXII. 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 XXIII. ARISTOTLE proves, that no man is to be intrust ed with an absolute power, by shewing that no . . 160 XXIV. The power of AUGUSTUS CAESAR was not given, but usurped xxv. The regal power was not the first in this nation, nor necessarily to be continued, though it had been the first . . . . 167 XXVI. Though the king may be intrusted with the power of choosing judges; yet that by which they act is from the law 99 124 131 165 184 ZXVII. 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 XXIX. The king was never master of the soil 206 233 xxx. HENRY the First was king of England by as good a title as any of his predecessors or suc cessors XXXI. Free nations have a right of meeting, when and where they please, unless they deprive themselves of it PAGE XXXII. The powers of kings are so various, according XXXIV. No veneration paid, or honour conferred upon a just and lawful magistrate, can diminish the liberty of a nation xxxv. The authority given by our law to the acts performed 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 XXXVII. The English government was not ill constituted, the defects more lately observed proceeding from the change of manners, and corruption of the times . . 240 246 263 269 278 XXXVIII. The power of calling and dissolving parlia- . . . 307 288 319 XLI. The people, for whom and by whom the magistrate is created, can only judge whether he rightly perform his office or not PAGE XLII. The person that wears the crown cannot determine the affairs which the law refers to the king 337 XLIII. Proclamations are not laws 347 XLIV. No people that is not free, can substitute dele 328 gates 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 ... 367 XLVI. The coercive power of the law proceeds from the authority of Parliament 357 372 |
Obtenir la version papier de ce livre
0 Avis Les avis ne sont pas validés, mais Google recherche et supprime les faux contenus lorsqu'ils sont identifiés Rédiger un commentaire |