The defign of the work.

"Chriftian country, is a being poffeffed of "much greater power, to be, and to make,

happy, than a perfon of the fame age in "the fame or any other country fome cen

Hence, affured that this learned philofopher will not refufe me, on account of my differing from fome of his opinions, the common fuperiority of reafoning, which my existence. in the prefent age gives me over all my anceftors and predeceffors, (though unconscious of the advantage) I lay in my full claim to it, and fhall endeavour to fupport it more by the perfpicuity and ftrength of arguments gleaned from others, than by my own.

In the prosecution of my defign, I shall follow the order, which the fubject feems plainly to prefcribe: I fhall confider man, first, in the pure ftate of nature; then, in the general flate of fociety; and laftly, in the state of the English government and conftitution; and as every Englishman, or perfon living under the protection of the English government, affumes or contracts a relative duty and obligation to the community, of which he is a member, I fhall endeavour to enforce the indifpenfible coercion of these duties and obligations, by the examination and expofition of the inftances, in which they may be infringed

and

and violated by crimes against the state; and I fhall conclude by a faithful narrative of the effects already produced in this island, by the diffemination of the very doctrines, which are now attempted to be revived with fuch infatuated zeal.

If Britons fhall chufe again to get up the old tragedy, I fhall but have given in the lift of the dramatis perfona, who are most qualified to keep up the genuine fpirit of the play.

A cool and collected revifal of the argument may determine my countrymen, either to the repetition, or irrevocable damnation, of the piece.

CHAP. I.

OF THE STATE OF NATURE.

Reasons for confidering the fubject.

*TH

HE contemplation of the British conftitution in its origin, in its structure and in its effects, is the important and the

arduous

The trite adage of nil fub fole novum is more emphatically applicable to the fubject under our prefent confideration, than to any other. This fubject has in all ages been the primary object of the politician, the hiftorian, and the philofopher; and in many ages, fuch have been the exalted ideas entertained of its dignity, that it has conftituted a very confiderable part of theology. As in religion, the written word of God, which, from its divine inspiration, muft effentially bear a determined and unequivocal meaning, is in difputes and differences often reforted to, and modified by the appellants to its authority, fo as to colour, countenance, and fupport the most extravagant and contradictory opinions; fo few or no political errors, treafons, rebellions, or ufurpations have at any time been attempted to be juftified, but by appealing and reforting to the authority of the Rights of Man. Since the fubject has been so often and fo fully confidered by others, I fhall think I give more fatisfaction to the public by collecting and arranging their opinions upon it, than by endeavouring to drefs and ferve up the old fubftance in the disguise of fome new fashion. I fhall

therefore

arduous task, which I have undertaken. *"The duty incumbent upon all, who have leifure and abilities, to endeavour to understand, in order to maintain it in perfection, are those high motives, by which Englishmen are called upon to examine the principles, to study the contrivance, and to contemplate the operations of that vaft political machine, which is fo much the envy of others, and which fhould be the fupreme admiration of ourfelves, particularly at a time, when a party of difcontented fpirits, under the affumed character of philofophers, are labouring to abuse what they do not understand, to point out imperfections, which have no existence,

therefore offer no other apology for preferring what others, and even I myself, have on other occafions publifhed upon the fubject. My primary object in making this publication is to form and fix the minds of my countrymen upon the most important of all civil and political fubjects, and to do away the effects of uncertainty, confufion, and error, under which fome of them now labour. I most cordially adopt the fentiments of Dr. Price, when he fays, in the difcourfe already alluded to, (p. 13) "Happier far must he be, if at the fame time he has reafon to believe, he has been fuccefsful, and actually contributed by his inftructions, to diffeminate among his fellow creatures juft notions of themselves, of their rights, of religion, and the nature and end of civil government."

Dr. Tatham's Letters to Mr. Burke, p. 7.

The state of nature merely

to find defects instead of excellencies, to traduce its general worth, and to make our countrymen diffatisfied with what they ought to love." But as the nature, properties, and effectsof the moft ingenious piece of mechanism can only be explained upon those mathematical principles, upon which it was conftructed, and which had their existence, independent of this particular application of them: fo*« before intelligent beings existed, they were poffible; they had therefore poffible relations, and confequently poffible laws. Before laws were made, there were relations of poffible juftice. To fay, that there is nothing juft or unjust, but what is commanded or forbidden by pofitive laws, is the fame as faying, that before the defcribing of a circle, all the radii were not equal."

This state of nature, in which all philofotheoretical and phers confider man, and the rights and

metaphyfical.

pro

perties inherent in this nature, is a mere theoretical and metaphysical state, pre-existing only in the mind, before the phyfical existence of any human entity whatever. As this state of nature then never had any real existence, fo alfo the various qualities, properties, rights, powers, and adjuncts annexed unto it, are

Montefq. Spirit of Laws, b. i. p. z.

mere