own laws confirm to us the enjoyment of x. The words of St. PAUL enjoining obedience to 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- XIV. Laws are not made by kings, not because they are busied in greater matters than doing justice, 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- 82 XVIII. The next in blood to deceased kings, cannot generally be said to be kings till they are crowned . . 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 PAGE 99 .. 124 zz. Unjust commands are not to be obeyed; and no man is obliged to suffer for not obeying such as are against law 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 131 . . 138 XXII. The rigour of the law is to be tempered by men ed with an absolute power, by shewing that no 151 . . 160 XXIV. The power of AUGUSTUS CAESAR was not given, but usurped . 165 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 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 206 by itself, or its representatives XXIX. The king was never master of the soil 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 240 . . 246 XXXII. The powers of kings are so various, according 263 269 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. 278 . . 288 XXXVIII. The power of calling and dissolving parliaments 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 .. 319 L XLI. The people, for whom and by whom the magistrate is created, can only judge whether he rightly perform his office or not. XLII. The person that wears the crown cannot deter PAGE 328 mine 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 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 . 367 372 |