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not intending the end of government itself, which is the public good and prefervation of property. When a king has dethroned himfelf, and put himself in a state of war

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his people, what fhall hinder them from profecuting him who is no king, as they would any other man, who has put himself into a state of war with them; Barclay, and thofe of his opinion, would do well to tell us. This farther I defire may be taken notice of out of Barclay, that he fays, The mifchief that is defigned them, the people may prevent before it be done: whereby he allows refiftance v when tyranny is but in defign. Such defigns as thefe (fays he) when any king barbours in his thoughts and feriously promotes, he immediately gives up all care and thought of the common-wealth; fo that, according to him, the neglect of the public good is to be taken as an evidence of fuch defign, or at least for a fufficient cause of refiftance. And the reafon of all, he gives in thefe words, Because be betrayed or forced his people, whofe liberty be ought carefully to have preferved. What he adds, into the power and dominion of a foreign nation, fignifies nothing, the fault and forfeiture lying in the lofs of their liberty, which he ought to have preferved, and not in any diftinction of the perfons to whofe dominion they were fubjected. The peoples tight is equally invaded, and their liberty loft, whether they are made flaves to any of their

own,

own, or a foreign nation; and in this lies the injury, and against this nly have they the right of defence. And there are inftances to be found in all countries, which fhew, that it is not the change of nations in the perfons of their governors, but the change of government, that gives the offence. Bilfon, a bishop of our church, and a great ftickler for the power and prerogative of princes, does, if I mistake not, in his treatife of Chriftian Jubjection, acknowledge, that princes may forfeit their power, and their title to the obedience of their fubjects; and if there needed authority in a cafe where reafon is fo plain, I Could fend my reader to Bracton, Fortescue, and the author of the Mirrour, and others, writers that cannot be fufpected to be ignorant of our government, or enemies to it. But I thought Hooker alone might be enough to fatisfy thofe men, who relying on him for their ecclefiaftical polity, are by a strange fate carried to deny thofe principles upon which he builds it. Whether they are herein made the tools of cunninger workmen, to pull down their own fabric, they were beft look. This I am fure, their civil policy is fo new, fo dangerous, and fo deftructive to both rulers and people, that as former ages never could bear the broaching of it; fo it may be hoped, thofe to come, redeemed from the impofitions of thefe Egyptian under-talkmafters, will abhor the memory of fuch fer

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vilesflatterers, who, whilft it feemed to ferve their turn, refolved all government into ab→ folute tyranny, and would have all men born to, what their meam fouls fitted them for, flavery. sling adt to sind bes soning §. 240. Here, it is like, the common queftion will be made, Who shall be judge, whe ther the prince or legiflative act contrary to their truft? This, perhaps, ill-affected and factious men may fpread amongst the people, when the prince only makes ufe of his due prerogative. To this I reply, The people Shall be judge; for who fhall be judge whet ther his trustee or deputy acts well, and aco cording to the truft repofed in him, but he who deputes him, and muft, by having de puted him, have still a power to discard him, when he fails in his truft? If this be rea fonable in particular cafes of private men, why should it be otherwife in that of the greatest moment, where the welfare of mile: lions is concerned, and alfo where the evil, if not prevented, is greater, and the redrefs very difficult, dear, and dangerous st

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§. 141. But farther, this question, (Who fhall be judge?) cannot mean, that there is no judge at all for where there is no judi dicature on earth, to decide controverfies amongst men, God in heaven is judge. He alone, it is true, is Judge of the right. But every man is judge for himself, as in all other 11 cafes, fo in this, whether another hath put

himself

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himself into asiftate of war with him, and whether he should appeal to the Supremes Judge, as fepthasdiɖdow bus youeni samo) 18.242. If a controverfyrrarife betwixt as prince and fome of the people, in a matter where the law is filent, for doubtful, and the thing be of great confequence, Infhould think t the proper umpire, in fuch a cafe, fhould be the body of the people for in cafes where the prince hath a truft repofed in him, and is difpenfed from the common ordinary rules of the law; there, if any men find themfelves aggrieved, and think the prince acts contrary to, or beyond that truft, who fo proper to judge as the body of the people, (who, at first, lodged that trust in him) how far they meant it should extend? But if the prince, or whoever they be in the admini ftration, decline that way of determination, the appeal then lies no where but to heaven; force between either persons, who have no known fuperior on earth, or which permits no appeal to a judge on earth, being properly a state of war, wherein the appeal lies only to heaven; and in that ftate the injured party muft judge for himself, when he will think fit to make ufe of that appeal, and putr himself upon it.sk due ng

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§. 243. To conclude, The power that every individual gave the fociety, when he entered into it, can never revert to the individuals again, as long as the fociety lafts, but will

always

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always remain in the community; because without this there can be no community, no common-wealth, which is contrary to the original agreement: fo alfo when the fociety hath placed the legislative in any affembly of men, to continue in them and their fucceffors, with direction and authority for providing fuch fucceffors, the legislative can never revert to the people whilft that government lafts; because having provided a legiflative, with power to continue for ever, they have given up their political power to the legiflative, and cannot refume it. But if they have fet limits to the duration of their legiflative, and made this fupreme power in any perfon, or affembly, only temporary; or elfe, when by the mifcarriages of those in authority, it is forfeited; upon the forfeiture, or at the determination of the time fet, it reverts to the fociety, and the people have a right to act as fupreme, and continue the legislative in themselves; or erect a new form, or under the old form place it in new hands, as they think good.

FINI S.

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