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God, and Lawful Right of Defcent, under one Imperial Crown, your Majefty 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 moft faithfully and humbly fubmit and oblige our Selves, our Heirs and Pofterities, for ever, until the laft drop of our Bloods be spent, and do befeech your Majefty to accept the fame as the first Fruits of this High Court of Parliament, of our Loyalty and Faith to your Majefty and your Royal Progeny, and Pofterity, for ever; which if your Majefty fhall be pleas'd (as an Argument of your Gracious Acceptation) to adorn with your Majefties Royal Affent, without which, it can neither be Compleat or Perfect, nor remain to all Pofterity, according to our moft humble Defire, as a Memorial of your Princely and tender Affection towards us, we fhall add this alfo to the reft of your Majefties unfpeakable and ineftimable Benefits.

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M. EARBERY.

THE

THE

Old English CONSTITUTION

M

Vindicated.

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 felf a pure and unmix'd Method, fuch as no Man could except againft, without either calling himself or me a Blockhead.

If the Definitions or Axioms, or the Conclufions were wrong, I was very fenfible what Reward fuch vain pretences to Ma thematical Principles would claim. But as no fufficient Anfwer to the laft Performance has been hitherto Exhibited; and as I have been well fatisfied no fuch Anfwer is ever likely to come out, I think my Duty to

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

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

I flatter my felf, that if either Doctor BENNET, or fome other People, had began firft that way, we fhould not have feen Rebellion or Schifm fo wretchedly defended. Men would have either intirely with affurance 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 fatisfactory that ever appear'd, but whether I came up to the Defign, the World by this time may judge.

I endeavour'd in the firft, and fome fucceeding Propofitions, to explode the Scheme Men have earnestly embrac'd of a State of Nature. What an abominable Syftem of Politicks and Divinity Mr. HOBBES has rais'd from that unhappy Notion, is too evident from his Writings, and what miferable Confequences have flow'd therefrom, no Man can be Ignorant, who is vers'd in the Modern Attacks upon the True English Conftitution both as to Church and State.

I therefore laid down in the first Propofition, 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 fince has not been fully understood; because fome

have

have not diftinguifh'd between Force, and Power.

The firft 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 Treatife, is only the Object of Moral Actions. Two Men may have more force than one, but neverthelefs each Man may be equally invefted 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 thofe Powers he then enjoy'd, does not take that Reftraint intirely away, but the Perfon to whom thofe 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 fuch Power. This creates no complex but a fimple Power over every Individual. If feveral Perfons fhould lodge different fums of Money with a Banker, the Banker is the Reprefentative 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 fhould have different fhares of Power; as for inftance, one fhould have the Power of Life and Death, and the other not, (which I only lay down as a naked fuppofition) if they both fhould transfer all their Powers to one and the fame Perfon, that Person according to no Hypothefes, can be invested with a Power of putting both to Death. For, even tho' we grant that the Perfon who had before the power of Life and Death, could suffer fuch a Penalty, the other could not, because he could not be affected with the Deed of another Man, any more than a Perfon who indebted 100l. can be oblig'd to pay 1000 l. upon the default of the payment of another who is indebted to the fame Creditor for fuch a Sum.

If a Thousand Men Conftitute a Reprefentive, the Representative is to look upon himfelf as the Reprefentative of each, and accountable for every fhare of Power he receives to the Perfon alone from whom he receives the fame. 'Tis not therefore the Act of the Thousand gives fuch a Representative Power over me, but my own fingle Act when I refign'd up my Power into his Hands.

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

if