I

ESSAY

XIII.

Of PASSIVE OBEDIENCE.

N the former effay, we endeavour to refute the peculative fyftems of politics advanced in this nation; as well the religious fyftem of the one party, as the philofophical of the other. We come now to examine the practical confequences, deduced by each party, with regard to the measures of fubmiffion due to fovereigns.

As the obligation to juftice is founded entirely on the interefts of fociety, which require mutual abftinence from property, in order to preserve peace among mankind; it is evident, that, when the execution of juftice would be attended with very pernicious confequences, that virtue must be fufpended, and give place to public utility, in fuch extraordinary and fuch preffing emergencies. The maxim, fiat Juftitia & ruat Cœlum, let juftice be performed, though the universe be destroyed, is apparently falfe, and by facrificing the end to the means, fhews a prepofterous idea of the fubordination of duties. What governor of a town makes any fcruple of burning the fuburbs, when they facilitate the approaches of the enemy? Or what general abftains from plundering a neutral country, when the neceffities of war require it, and he cannot otherwife fubfift his army? The cafe is the fame with the duty of allegiance; and common

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fenfo

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fenfe teaches us, that, as government binds us to obedience only on account of its tendency to public utility; that duty must always, in extraordinary cafes, when public ruin would evidently attend obedience, yield to the primary and original obligation. Salus populi fuprema Lex, the fafety of the people is the fupreme law: This maxim is agreeable to the fentiments of mankind in all ages: Nor is any one, when he reads of the infurrections against NERO or PHILIP the Second, fo infatuated with party systems, as not to wifh fuccefs to the enterprize, and praise the undertakers. Even our high mo narchical party, in fpite of their fublime theory, are forced, in fuch cafes, to judge, and feel, and approve, in conformity to the rest of mankind.

Refiftance, therefore, being admitted in extraordinary emergencies, the queftion can only be among good reafoners, with regard to the degree of neceffity, which can justify refiftance, and render it lawful or commendable. And here I must confefs, that I fhall always incline to their fide, who draw the bond of allegiance very clofe, and confider an infringement of it, as the laft refuge in defperate cafes, when the public is in the higheft danger, from violence and tyranny. For befides the mifchiefs of a civil war, which commonly attends infurrection; it is certain, that, where a difpofition to rebellion appears among any people, it is one chief caufe of tyranny in the rulers, and forces them into many violent measures which they never would have embraced, had every one been inclined to fubmiffion and obedience. Thus the tyrannicide or affaffination, approved of by ancient maxims, instead of keeping tyrants and ufurpers in awe, made them ten times more fierce and unrelenting; and is now juftly, upon that account, abolished by the laws of nations, and univerfally condemned as a bafe

and

and treacherous method of bringing to juftice these difturbers of fociety.

Befides, we must confider, that, as obedience is our duty in the common course of things, it ought chiefly to be inculcated; nor can any thing be more prepofterous than an anxious care and folicitude in ftating all the cafes, in which refiftance may be allowed. In like manner, though a philosopher reasonably acknowledges, in the course of an argument, that the rules of justice may be dispensed with in cafes of urgent neceffity; what should we think of a preacher or cafuift, who should make it his chief study to find out such cases, and enforce them with all the vehemence of argument and eloquence? Would he not be better employed in inculcating the general doctrine, than in displaying the particular exceptions, which, we are, perhaps, but too much inclined, of ourselves, to embrace and to extend?

There are, however, two reafons, which may be pleaded in defence of that party among us, who have, with fo much industry, propagated the maxims of resistance; maxims, which, it must be confeffed, are, in general, fo pernicious, and fo deftructive of civil fociety. The first is, that their antagonists carrying the doctrine of obedience to fuch an extravagant height, as not only never to mention the exceptions in extraordinary cafes (which might, perhaps, be excufable), but even pofitively to exclude them; it became neceffary to infiit on these exceptions, and defend the rights of injured truth and liberty. The fecond, and, perhaps, better reafon, is founded on the nature of the BRITISH Conftitution and form of government.

It is almoft peculiar to our conftitution to establish a firft magiftrate with fuch high pre-eminence and dignity, VOL. I.

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that,

any injury or

that, though limited by the laws, he is, in a manner, fo far as regards his own perfon, above the laws, and can neither be queftioned nor punished for wrong, which may be committed by him. His minifters alone, or those who act by his commiffion, are obnoxious to juftice; and while the prince is thus allured, by the profpect of perfonal fafety, to give the laws their free. course, an equal fecurity is, in effect, obtained by the punishment of leffer offenders, and at the fame time a civil war is avoided, which would be the infallible confequence, were an attack, at every turn, made directly upon the fovereign. But though the constitution pays this falutary compliment to the prince, it can never reasonably be understood, by that maxim, to have determined its own deftruction, or to have established a tame fubmiffion, where he protects his minifters, perfeveres in injuftice, and ufurps the whole power of the commonwealth. This cafe, indeed, is never exprefsly put by the laws; because it is impoffible for them, in their ordinary course, to provide a remedy for it, or establish any magistrate, with fuperior authority, to chastise the exorbitancies of the prince. But as a right without a remedy would be an abfurdity; the remedy in this cafe, is the extraordinary one of refiftance, when affairs come to that extremity, that the conftitution can be defended by it alone. Refiftance therefore muft, of course, become more frequent in the BRITISH government, than in others, which are fimpler, and confift of fewer parts and movements. Where the king is an abfolute sovereign, he has little temptation to commit fuch enormous tyranny as may juftly provoke rebellion: But where he is limited, his imprudent ambition, without any great vices, may run him into that perilous fituation. This is frequently supposed to have been the cafe with CHARLES

the

the First; and if we may now speak truth, after animofities are ceased, this was alfo the cafe with JAMES the Second. These were harmless, if not, in their private character, good men; but mistaking the nature of our conftitution, and engroffing the whole legiflative power, it became neceffary to oppose them with fome vehemence; and even to deprive the latter formally of that authority, which he had used with fuch imprudence and indifcretion.

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