when depravity difpofes to evil, the strongest incentive to the actual commiffion of it is a plausible appearance of its rectitude. Much as I reprobate the modern doctrine of civil equalization, with all its tremendous train of deftructive concomitants, fo do I hold, that the denial of the truth of uncontrovertible principles muft rather neceffitate, than provoke men into the adoption of any doctrine, which leaves them the liberty of a free affent to fuch felf-evident propofitions.

I am happy in being fanctioned in my principle of reasoning, by the great apostle of modern liberty. *« The jefuits," fays he, "about two centuries ago, in order to vindicate their king-killing † principles, happened,

Priestley's Effays upon the First Principles of Government, p. 27, 28.

The works of Bufenbaum, a German jefuit, were burnt by the late parliament of Paris, for teaching thefe principles. It will be candid, and, perhaps, fatiffactory to the curious, to ftate the words, in which this king-killing doctrine is expreffed by this author; as the judgment upon it will vary according to the admiffibility of the doctrines of paffive obedience and nonrefiftance. "Ad defenfionem vitæ & integritatis membrorum, licet etiam filio, religiofo & fubdito se tueri, fi opus fit, cum occifione, contra ipfum parenton, abbatem, principem; nifi forte propter mortem hujus fecutura effent nimis magna incommoda, ut bella, c." lib. 3. pars 1.de Homicidio, art. viii. To defend one's life, or limbs, it is lawful for a

per

pened, among other arguments, to make use of this great and juft principle, that all civil power is ultimately derived from the people; and their adverfaries, in England and elsewhere, inftead of fhewing how they abufed and verted that fundamental principle of all government, in the cafe in queftion, did what difputants, warmed with controversy, are very apt to do; they denied the principle itfelf, and maintained that all civil power is derived from God; as if the Jewish theocracy had been established throughout the whole world."-And, "The hiftory of this controverfy, about the doctrine of paffive obedience and non-resistance, affords a striking example of the danger of having recourse to false prin

child, a religious man or a fubject to defend himself against his parent, fuperior, or fovereign, if it be neceffary, even by killing the aggreffor; unlefs by killing him very great mifchiefs indeed fhould happen, as wars, &c." To Englishmen, who sometimes foften their verdict by finding a fe defendendo, thefe principles may not feem more outrageous, than Dr. Priestley's own doctrines. If it be afked, how far a people may lawfully go, in punishing their chief magiftrates, I answer, that if the enormity of the offence (which is of the fame extent as the injury done to the public) be confidered, any punishment is justifiable, that a man can incur in human fociety." Efays on the First Principles of Government, p. 36.

• Priestley, ibid. p. 29.

ciples in controverfy. They may ferve a particular turn, but, in other cafes, may be capable of the most dangerous application; whereas univerfal truth will, in all poffible cafes, have the best consequences, and be ever favourable to the true interests of mankind.”

CHAP.

CHAP. VII.

OF THE LEGISLATIVE POWER.

T is fingular, that in the variety of anci

ent and modern authors, who fpeak familiarly of the conftitution, I scarcely find one, that attempts to define it; and yet I think it the first duty of every writer to define, at least according to his own conceptions, that, which he undertakes to difcufs*.

the conftitu

tion.

By the constitution of England, I mean Definition of thofe immediate emanations from the first principles of civil government, which the community have adopted as general rules for carrying into action that right or power of fovereignty, which unalienably refides with them, and which confequently form the immediate bafis or ground, upon which all the laws of the community are founded. The tranfcendent force of the reafons for thefe

"By conftitution we mean, whenever we speak with propriety and exactness, that affemblage of laws, inftitutions, and customs, derived from certain fixed principles of reafon, directed to certain fixed objects of public good, that compofe the general fyftem, according to which the community hath agreed to be governed.". Differtation upon Parties, Letter x. p. 108, printed 1739.

Inftances of the

conftitution al

to its level.

rules has acquired from the community an univerfal and unexceptionable admission of them, which has fuperfeded the neceffity of expreffing them in a given form of words, like particular laws. They are not like those metaphyfical or mathematical rules, which ferve to direct and regulate the practice; but they are themselves active and practical rules, which can never cease to operate their effect upon the government, whilft the government fubfifts; they have a political buoyancy in the ftate, and like a cork in the waves, which may by commotion of the element, be loft for a time from the fight, but in the calm muft neceffarily refume its vifible ftation on the furface.

"And, indeed, we may obferve the remarkways returning able manner, in which it has been maintained in the midst of fuch general commotions, as feemed unavoidably to prepare its deftruction. It rofe again, we fee, after the wars between Henry the Third and his barons; after the ufurpation of Henry the Fourth; and after the long and bloody contentions between the houfes of York and Lancaster; nay, though totally deftroyed in appearance,

De Lolme on the Conftitution of England, b. ii. c. xviii.

after