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God, and Lawful Right of Descent, under one Imperial Crown, your Majesty is of the Realms and Kingdoms of England, Scotland, France and Ireland, the most Potent and Mighty King, and by God's Goodness more able to Protect and Govern us, your loving Subjects, in all Peace and Plenty, than any of your Noble Progenitors, and thereunto we do most faithfully and humbly fubmit and oblige our Selves, our Heirs and Posterities, for ever, until the last drop of our Bloods be spent, and do beseech your Majesty to accept the same as the first Fruits of this High Court of Parliament, of our Loyalty and Faith to your Majesty and your Royal Progeny, and Posterity, for ever; which if your Majesty shall be pleas’d (as an Argument of your Gracious Acceptation) to adorn with your Majesties Royal Assent, without which, it can neithier be Compleat or Perfect, nor remain to all POfterity, according to our most humble Defire, as a Memorial of your Princely and tender Affection towards us, we shall add this also to the rest of your Majesties un speakable and inestimable Benefits.

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M. EARBERY.

THE THE

Old English CONSTITUTION

Vindicated.

M

Y Intent in Writing the former part of this Work, * was no more, than to give the World the first Principles of Government, I proposed to my

self a pure and unmix'd Me thod, such as no Man could except against, without either calling himself or me a Blockhead.

If the Definitions or Axioms, or the Conclusions were wrong, I was very sensible what Reward such vain pretences to Mathematical Principles would claim. But as no sufficient Answer to the last Performance has been hitherto Exhibited ; and as I have been well fatisfied no such Answer is ever likely to come out, I think my Duty to

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* Elements of Policy Civil and" Ecclefiaftical, in a Mathematical Method.

B

God

God and my Country, obliges me to pursue the Blow.

I flatter my self, that if either Doctor BENNET, or some other People, had began first that way, we should not have seen Rebellion or Schism fo wretchedly defended. Men would have either intirely with assurance entred into a Confederacy with those Enormous Sins, or have intirely abandon'd them.

The Method I propos’d, was certainly the best and most satisfactory that ever appear'd, but whether I came up to the Design, the World by this time may judge.

I endeavour'd in the first, and some succeeding Propofitions, to explode the Scheme Men have earnestly embracd of a State of Nature. What an abominable System of Politicks and Divinity Mr. HOBÉ Es has rais'd from that unhappy Notion, is too evident from his Writings, and what miserable Consequences have flow'd therefrom, no Man can be Ignorant, who is vers’d in the Modern Attacks upon the True English Constitution both as to Church and State.

I therefore laid down in the first Proposition, That no Powers in a State of Nature cou'd be transfer'd by Individuals to one Perfon, which every diftin&t Member had not before the Compact; which I find since has not been fully understood ; because some

have

have not distinguish'd between Force, and Power.

The first is an Arbitrary Exercife of the natural Powers of the Body, which may not be warranted either by the Laws of God, or Man. But Power in this Treatise, is only the Object of Moral Actions. Two Men may have more force than one, but nevertheless each Man may be equally inverted with the fame Moral Powers, and be under the regulation of Divine or Human Laws. If therefore in a State of Nature, every Individual was under the regulation of the Law of Nature, his transferring those Powers he then enjoy'd, does not take that Restraint intirely away, but the Perfon to whom those Powers are transfer'd, must be tied to the fame Obligations.

I faid therefore that a Superior Power cou'd not be transfer'd to an Individual; that is, an Individual could give no more than a Power over himself; and if one thoufand fhould give him such Power. This creates no complex but a simple Power over every Individual. If several Perfons should lodge different sums of Money with a Banker, the Banker is the Representative Mafter of the Sum Total; but he is accountable to each Individual for every Sum, according as he has receiv'd it from their Hands.

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If therefore in a State of Nature two Perfons should have different shares of Power ; as for instance, one should have the Power of Life and Death, and the other not, (which I only lay down as a naked supposition) if they both should transfer all their Powers to one and the fame Person, that Person according to no Hypotheses, can be invested with a Power of putting both to Death. For, even tho' we grant that the Person who had before the power of Life and Death, could suffer such a Penalty, the other could not, because he could not be affected with the Deed of another Man, any more than a Person who indebted 100 l. can be oblig'd to pay 1000 l. upon the default of the payment of another who is indebted to the same Creditor for such a Sum.

If a Thousand Men Constitute a Reprefentive, the Representative is to look upon himself as the Representative of each, and accountable for every share of Power he receives to the Person alone from whom he receives the same. 'Tis not therefore the Act of the Thousand gives such a Representative Pcwer over me, but my own single Act when I resign'd up my Power into his Hands.

When I said therefore that a Superior Power cou'd not he transfer'd to an Individual, I should have been easily understood,

if

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