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

CHAP.

CHA P. VII.

OF THE LEGISLATIVE POWER.

T is fingular, that in the variety of anci

IT

ent and modern authors, who speak 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 *.

By the constitution of England, I mean thofe immediate emanations from the firft 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 transcendent force of the reasons for these

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

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Definition of

the conftitu tion.

Inftances of the

conftitution al

to its level.

rules has acquired from the community an univerfal and unexceptionable admiffion 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 serve to direct and regulate the practice; but they are themselves active and practical rules, which can never ceafe 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 must neceffarily refume its vifible ftation on the furface.

"And, indeed, we may observe the remark

ways 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 houses of York and Lancaster; nay, though totally destroyed in appearance,

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

after

after the fall of Charles the Firft; and, though the greatest efforts had been made to establish another form of government in its stead, yet, no fooner was Charles the Second called over, than the conftitution was re-established upon all its ancient foundations."

The state of compulfive force, ufurpation, or tyranny, is a temporary fubverfion of the government, as a tempeftuous commotion of the fea is a temporary derangement or violation of the natural laws of specific gravity, by which the cork would for ever remain afloat upon the water. «As ufur- Difference of 'pation," fays Mr. Locke, "is the exercife of ufurpation and power, which another hath a right to, fo tyranny is the exercise of power beyond right, which no body can have a right to." And he fays elfewhere, "No polities can † be founded on any thing, but the confent of the people."

Before I enter immediately upon the particular nature of our constitution, it will not be improper to fubmit to my readers what this folid and perfpicuous philofopher says of the general forms of a common-wealth.

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tyranny.

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Various forts of ed, upon man's firft uniting into fociety, the

government.

whole power of the community naturally in them, may employ all that power in making laws for the community from time to time, and executing thofe laws by officers of their own appointing, and then the form of the government is a perfect democracy; or elfe, may put the power of making laws into the hands of a few felect men, and their heirs or fucceffors, and then it is an oligarchy; or else into the hands of one man, and then it is a monarchy; if to him and his heirs, it is an bereditary monarchy; if to him only for life, but upon his death the power only of nominating a fucceffor to return to them, an elective monarchy: and fo accordingly of these the community may make compounded and mixed forms of government, as they think good. And if the legislative power be at first given by the majority to one or more perfons only for their lives, or any limited time, and then the fupreme power to revert to them again; when it is fo reverted, the community may difpofe of it again anew, into what hands they please, and fo conftitute a new form of government. For the form of government depending upon the placing the fupreme power, which is the legislative, it being impoffible to conceive,

that

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