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tions is shortly to undergo a discussion in both houses of parliament. If there were no other instance to produce of the unjust and arbitrary nature of these proceėdings, that of the editor of the EXAMINER would be sufficient. Mr. Hunt has had three of what are called criminal informations filed against him. Two of them were withdrawn, the third has been tried ; and in all, the innocence of the aggrieved party is demonstrated; and yet, besides the loss of time, the trouble, and the harass of mind, the 'unavoidable

consequence

of such prosecutions, or persecutions, an expence has been incurred of three hundred pounds! In short, an attorney general by possessing tbis arbitrary power, has it in his power at any time to ruin an iugocent man; and the use, for we suppose we must not say the abuse, which has been made of this power in modern times, demands the serious consideration of the legislature. Lord Holland has increased the debt of public gratitude due to him, for the notice he has given on this subject.

FAST DAY. That annual national mockery offered to heaven, commonly termed a Fast Day is about to be repeated. A correspondent whose letter appears in our present number, seems to be of opinion, that even the clergy of the established church are not bound to observe the day, and that the laity in paying no respect to it, but following their business as usual on other days, have a right so to do, as the King's proclamation has not the force of law. Should there, however, exist a doubt on this subject it can only apply to the members of the established church. But we cannot, expect that the clergy should hazard the least risk of disobeying their superiors : indeed there is the less occasion for it on their parts: for although some of them disapprove of the war, and of the fast prayers made for them, yet they can with as little scruple repeat them, as they can subscribe articles which they do not believe, which we are firmly persuaded is the case with every clergyman who has thought seriously on the subject. But the case is different with protestant dissenters; and how it is possible for them to shew respect to this day of national hypocrisy, by attending divine service in the customary way, we know not. If their ministers dare to be faithful, and reprobate national sins, and more especially, that chief of our na. tional sinshe present UNJUST and UNNECESSARY WAR, then let them keep the Fast; but if they shrink from duty under the pretence that it would not be prudent, let them seriously reflect that tbeir conduct is equally inconsistent with the character of an honest man and a sincere christian, and adds to our national guilt ! Harlow, Feb, 27, 1811

B.F.

THE

MONTHLY MISCELLANY:

For FEBRUARY, 1811.

TWO TREATISES ON GOVERNMENT.-By JOHN LOCKE.

IN THE FORMER, THE FALSE PRINCIPLES AND FOUNDATION OF
SIR ROBERT FILMER AND HIS FOLLOWERS ARE DETECTED

AND OVERTHROWN. THE LATTER IS AN ESSAY
CONCERNING THE TRUE ORIGINAL EXTENT

AND END OF CIVIL GOVERNMENT.
[Printed from the 6th Edition, with the Author's lust Corrections and

Improvements.]

AUTHOR'S PREFACE,

a popular style, and well-turned periods: for if any one will be at the pains, bim

self, in those parts, which are here unReader, thou hast here the begin touched, to strip Sir Robert's discourses ning and end of a discourse concerning of the flourishi of doubtful expressions, government; what fate has otherwise and endeavour to reduce his words tó disposed of the papers that should have direct, positive, intelligible propositions, filled up the middle, and were more and then compare them one with anotban all the rest, it is not worth while ther, he will quickly be satisfied, there to tell thee. These, which remain, I was never so much glih nonsense put hope are sufficient to establish the throne together in well-sounding English. If of our great restorer, or present King he think it not worth while to examine William ; to make good his title, in the his works all through, let him make an consent of the people, which being the experiment in that part, where he treats ONLY one of all lawful governments, be of usurpation; and let him try, whether has more fully and clearly, than any he can, with all his skill, make Sir Roprince in christendom; and to justity bert intelligible, and consistent with to the world the people of England, himself, or common sense. I should whose love of their just and natural not speak so plainly of a gentleman, rights, with their resolution to preserve long since past answering, had not the them, saved the nation when it was on pulpit, 'of late years, publicly owned the very brink of slavery and ruin. If bis doctrine, and made it the current these papers have that evidence, I flat- divinity of the times. It is necessary ter myself is to be found in them, there those men, who taking on them to be will be no great miss of those which are teachers, have so dangerously misled lost, and my reader may be satisfied others, should be openly shewed of what without, them: for I imagine, I shall authority this their patriarch is, whom have neither the time, nor inclination they have so blindly followed ; so that to repeat my pains, and fill up the they may either retract what upon so ill wanting part of my answer, by tracing grounds they have vented, and cannot Sir Robert again, through all the wind- he maintained; or else justify those ings and obscurities, which are to be principles which they preached up for met with in the several branches of his gospel; though they had no better an wonderful system. The king, and body author than an English courtier; for I of the nation, have since so thoroughly should not have writ against Sir Roconfuted his hypothesis, that I suppose bert, or taken the pains to shew his no body hereafter will have either the mistakes, inconsistencies, and want of confidence to appear against our com- (what he so much boasts of, and premon safety, and be again an advocate tends wholly to build on)scripture-proofs, for slavery; or the weakness to be de- were there not men amongst us, who, ceived with contradictions dressed up in by crying up his books, and espousing

VOL. IX,

care

soever

his doctrine, save me from the reproach serious discourse meant in earnest, of writing against a dead adversary. Bari not the gravity of the title and They have been so zealous in this point, epistle, the picture in the front of that, if I have done him any wrong,

I cannot hope they should spare me.

I

the book, and the applause that folwish, where they had done the truth lowed it, required me to believe, and the public wrong, they would be as that the author and publisher were ready to redress it, and allow its just both in earnest. I therefore took it weight to this reflection, viz. that there into my hands with all the expeccannot be done a greater mischief to tation, and read it through with all prince and people, than the propagating the attention due to a treatise that wrong notions concerning government;

made such a noise at its coming athat so at l'ast all times might not have reason to complain of the drum eccle- broad, and cannot but confess mysiastic. If any one, concerned really self mightily 'surprised, that in a for truth, undertake the confutation of book, which was to provide chains iny hypothesis, I promise him either 10 for all mankind, I should find norecant my mistake, upon fair conviction; thing but a rope of sand, useful or to answer bis difficulties. But he perhaps to such, whose skill and must remember two things.

First, That cavilling here and there, business it is to raise a dust, and at some expression, or little incident of would blind the people, the better my discourse, is not an answer to my to mislead them; but in truth not book.

of any force to draw those into bonSecondly, That I shall not take rail- dage, who have their eyes open, and ing for arguments, nor think either of

so much sense about them, as to these worth my notice: though I shall

consider, that chains are but an ill always look on myself as bound to give satisfaction to any one who shall

wearing, how much

appear to be conscientiously scrupulous in the hath been taken to file and polista point, and shall shew any just grounds them. for Luis scruples.

2. If any one think I take too I bave nothing more, but to advertise much liberty in speaking so freely the reader, that “ Observations” stands of a man, who is the great chamfor Observations ou Hobbes, Milton, &c.

pion of absolute and that a bare quotation of pages al- idol of those who worship it; I be

powers,

and the mean Pages of his Patriarcha. Edit. 1680.

seech him to make this small allow. ance for once, to one, who, even

after the reading of Sir Robert's ON GOVERNMENT.

book, cannot but think himself, as the laws allow him, a freeman: and I know no fault it is too do so, un

less any one better skilled in the 1. Slavery is so vile and misera- fate of it, than I, should have it ble an estate of man, and so directly revealed to him, ihat this treatise, oppositse to the generous temper and which has lain dormant so long, courage of our nation, that it is was, when it appeared in the world, bardly to be conceived, that an En- to carry, by strength of its arguglishman, much less a gentleman, ments, all liberty out of it; and should plead for it. And truly I that from thenceforth our author's should have taken Sir Robert Fil- short model was to be the pattern mer's Patriarcha, as any other trea- in the mount, and the perfect stan. rise, which would persuade all men, dard of politics for the future. His that they are slaves, and onght to system lies in a little compass, it is be so, for such another exercise of no more but this, . wit, as was his who writ the enco. That all government is absolute miun of Vero; rather than for a monurchy.

ways

BOOK I.

CHAPTER I.

And the ground he builds on, is p. 4. That Heyward, Blackwood, this,

Barclay, and others, that have bravely That no man is born free.

vindicated the right of kings in most 3. In this last age a generation of points, never thought of this, but men has sprung up amongst us, that with one consent admitted the natural would flatter princes with an opinion, liberty and equality of mankind. that they have a divine right to ab- 5. By whom this doctrine came solute power, let the laws by which at first to be broached, and brought they are constituted, and are to go- in fashion amongst us, and what vern, and the conditions under which sad effects it gave rise to, I leave to they enter upon their authority, be historians to relate, or to the me, what they will, and their engage- mory of those, who were contemments to observe them never so well poraries with Sibthorpe and Manwaratified by solemn oaths and pro- ring, to recollect. My businessmat mises. To make way for this doc- present is only to consider what Sır trine, they have denied mankind a R. Filmer, who is allowed to have right to natural freedom ; whereby carried this argument farthest, and they have not only, as much as in is supposed to have brought it to them lies, exposed all subjects to perfection, has said in it; for him the utmost misery of tyranny and every one, who would be as fashionoppression, but have also unsettled able as French was at court, has the titles, and shaken the thrones of learned ; and runs away with this princes: (for they too, by these mens short system of politics, viz. Men system, except only one, are all are not born free, and therefore could born slaves, and by divine right are never have the liberty to choose either subjects to Adam's right heir ;) as governors, or forms of government. if they had designed to make war Princes have their power absolute, upon all government, and subvert and hy divine right; for slaves could the very foundations of human so- never have a right to compact or ciety, to serve their present turn. consent.

Adam was an absolute 4. However we must believe them narch, and so are all princes ever tipon their own bare words, when they since. tell us, we are all born slaves, and we must continue so, there is no re- Of Paternal and Regal Power. medy for it; life and thraldom we 6. Sir R. Filmer's great position entered into together, and can never is, that men are not naturally free. be quit of the one, till we part with This is the foundation on which his the other. Scripture or reason I am absolute monarchy stands, and from sure do not any where say so, not- which it erects itself to such an withstanding the noise of divine height, that its power is above every right, as if divine authority hath power, caput inter nubila, so high subjected us to the unlimited will above all earthly and human things, of another. An admirable state of that thought can scarce reach it; mankind, and that which they have that promises and oaths, which tye not had wit enough to find out till the infinite Deity, cannot confinc this latter age. For, however Sir it. But if this foundation fàils, all R. Filmer seems to condemn the his fabric falls with it, and governnovelty of the contrary opinion, ments must be left again to the old Patr. p. 3. yet I believe it will be way of being made by contrivance, hard for him to find any other age, and the consent of men ('A»Iputhin or country of the world, but this, rtíci:) making use of their reason to which has assorted monarchy to be unite together into society. To provo jure divino. And he confesses, Patr. this grand position of his, he tells us, p. 12. Men are born in subjection phantom, called the fatherhood, to their parents, and therefore can- which whoever could catch, prenot be free. And this authority of sently got empire, and unlimited abparepts, he calls royal authority, p. solute power. He assures us how 12, 14. Fatherly authority, right this fatherhood began in Adam, conof futherhood, p. 12, 20. One would inued its course, and kept the world have thought he would, in the he- in order all the time of the patriarchs ginning of such a work as this, on till the food, got out of the ark which was to depend the authority with Noah and his sons, made and of princes, and the obedience of supported all the kings of the earth subjects, have told us expressly, 'till the captivity of the Israelites in what that fatherly authority is, have Egypt, and then the poor fatherhood defined it, though not limited it, was under hatches, till God, by gibecause in some other treatises of ving the Israelites kings, re-established his he tells us, it is unlimited, and the ancient and prime right of the unlimitable ;* he should at least have lineal succession in paternal governgiven us such an account of it, that ment. This is his business from p. we might have had an entire notion 12. te p. 19. And then obviating of this fatherhood or fatherly autho- an objection, and clearing a diffirity, whenever it came in onr way culty or two, with one half reason, in his writings: this I expected to p. 23. to confirm the natural right have found in the first chapter of his of regal power, he ends the first Patriarcha. But instead thereof, chapter. I hope it is no injury to having, 1. En passant, made his call an balf quotation an half reaobeysance to the arcana imperii, p. son: for God says, Honour thy fa5. 2. made his compliment to the ther and thy mother ; but our author rights and liberties of this, or any contents himself with half, leaves other nation, p. 6. which he is go- out thy mother quite, as little sering presently to pull and destroy; viceable to his purpose. But of that and, 3. made his leg to those learn- more in another place. ed men, who did not see so far into 7. I do not think our author so litthe matter as himself, p. 7. he comes tle skilled in the way of writing disto fall on Bellarmine, p. 8. and, by courses of this nature, nor so carea victory over him, establishes his fa- less of the point in hand, that he by therly authority beyond any question. oversight commits the fault, that he Bellarmine being routed by his own himself, in his Anarchy of a mixed confession, p. 11. the day is clear Monarchy, p. 239. objects to Mr. got, and there is no more need of Hunton in these words : where first any forces : for having done that, I I charge the author, that he hath nut observe not that he states the ques- given us any definition, or description tion, or rallies up any arguments to of monarchy in general ; for by the make good his opinion, but rather rules of method he should have first tells us the story, as he thinks fit, defined. And by the like rule of of this strange kind of domineering method Sir Robert should have told

mona

CHAPTER II.

us, what his fatherhood or fatherly * In grants and gifts that have their authority is, before he had told us, original from God or nature, as the in whom it was to be found, and power of the father hath, no inferior talked so much of it. But perhaps power of man can limit, nor make any Sir Robert found, that this fatherly law of prescription against them. 06

authority, this

power of fathers, and servations, 158. The scripture teaches, that supreme

of kings, for he makes them both power was,originally in the father, with the same, p. 24. would make a very Out any limitation. Observations, 245. odd and frightful figure, and very

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