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tion before me, I used other arguments; but when a private fubject took upon him publicly to oppofe the right of the legiflator to enact any fuch law, to reprefent this power as unjuft and tyrannical, and under these characters to diffuade all fubmiffion to it, these I think actions inconfiftent with the obligations of a fubject, and that the execution of our laws may juftly be called for in restraint of them. The truth of a religion depends on its proper grounds. If it was falfe before it was established, the establishment will not make it true; and he, who from the evidence of the thing is convinced it is falfe, cannot upon any authority believe it

true."

From what has been faid in this and the

foregoing chapter, I hope it will fufficiently appear, that the sanction, which the laws give to the establishment of the church of England throughout England, and to prefbytery throughout Scotland, is in its tendency and effects merely of a civil nature; confequently, that the obligation of fubmitting to it, is the very fame as the obligation of fubmitting to any other civil law whatever. Now, every external and public difavowal of, or oppofition to the civil exactions of the legiflature,

5

Civil establish

ment of reli

gion of the fame other civil law.

force as any

lature, must be criminal in an individual fubject to the power of that legislature: But I fhall hereafter have occafion to fpeak more fully upon the nature of crimes. against the state.

СНАР.

CHAP. VI.

OF THE EFFECTS OF DENYING TRUE PRIN→

CIPLES.

T has been ufual for moft writers both ancient and modern, in difcuffing the fubject of our conftitution, to endeavour to trace its origin from the earliest antiquity, and to identify its form and fubftance through all the various modifications, changes, reformations, and revolutions, which it has undergone fince the first establishment of fociety, or of a community in this country. I beg the liberty of following a very different course. I establish a principle, which, if it ever exifted, must now exift, and if it now exift, must have always exifted; for what gives existence to a principle, is its univerfal and invariable truth, which, if it exist in one moment, must effentially have existed from all eternity; I need not, therefore, feek for its importation into this island by the Trojan prince Brutus; nor enquire whether it were borrowed by our British anceftors from their Gallic neighbours; nor whether it were the peculiar growth of our native foil; whether it grew out of the hedge-rowed towns or encampments of our warlike ancef

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Principle the

true fource and

origin of our

conftitution.

Principles true from all eter

nity.

tors, or iffued out of the fanctuaries of their myfterious Druids; whether it were imposed upon them by heathen Rome, or infufed into them by Chriftian Rome; whether it were tranfplanted from Germany with our Saxon conquerors and progenitors, nor whether it attended the defpotifm of the Norman conqueror; nor, in a word, whether it flou⚫rifhed with vigour and luxuriancy, or withered in apparent decay, under the feveral houses of Tudor, Stuart, Naffau, and Brunswick.

At this moment, this principle, the fove reignty of power ever did, and now does, unalienably refide in the people, exifts, because it is univerfally and invariably true; and it must for ever have exifted with the fame force and efficacy, that it now does; for univerfal truth excludes all degrees. From this invariable and ever operative principle have arifen all the various changes, innovations, and improvements, which have at different times been effected in our conftitution and government, by the means of reformation and revolution. The coercive introduction or impofition of new laws by the force of arms, can never make a part of the conftitution and government of a free people, till they have been voluntarily fubmitted to, recognized, accepted, or confirmed by the act of the commu

nity. I fhall hereafter have occafion, and, indeed, be under the neceffity of confidering more minutely the application of this principle to what we commonly call the reformation and the revolution.

Unfortunately for this country, the different occurrences, which have from time to time brought these political topics into difcuffion, have been productive of fo much acrimony, venom, and heat, that the cool voice of rea

fon has been seldom heard by either party, and confequently, conviction of the mind has rarely followed the difcuffion. For it is very certain, that few or none of the political writers of those days of animofity, either could or would feparate, on one fide, the principle, "that a fupreme power refides in the people" from rebellion and treafon; or, on the other fide, diftinguish between the legal prerogative of a lawful monarch, and the unwarrantable defpotifm of an ufurping tyrant. It is the frequent boast of most modern writers, and of all modern theorifts, that we live in an age enlightened beyond all others; and confequently, that our prefent exiftence exalts us, in ability and information, far above the level

"Laws they are not, therefore, which public approbation hath not made fo." Hooker's Eccl. Pol. 1. i. fect. 10.

Heat of party has prevented cool difcuffion.

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