CHA P. I

Of Law in general.

T is difficult to form a definition which

I will give the precife meaning of the

term Law, when taken in its moft extenfive fenfe. As many definitions which have been given of it, do not seem to be fufficiently juft and comprehenfive; I fhall therefore venture to propofe one, which, when duly confidered, will, I hope, appear to be full and fatisfactory.

Every author, who has wrote on the fubject of Law, agrees that the rules prefcribed by it are obligatory; and this obligation fuppofes; a lawful power in fome fuperior to punish our omiffions and tranfgreflions: Law, therefore, in its general fignification, may be defined as follows: therein.

Law is that faculty whereby some lawful Juperior prefcribes rules of action, which thofe

in fubjection are obliged to perform, under certain penalties, express or implied. And eve ry particular rule of action, prescribed by fuch power, is a Law; that is, the Law of Nature, the Law of God, the Law of Man, &c.

Hooker, in B. i. p. 16. has this beautiful paffage, "Of Law no lefs can be acknow "ledged, than that her feat is the bosom "of God, her voice the harmony of the "World. All things in heaven and earth ❝ do her homage, the very leaft as feeling "her care, and the greatest as not exempt"ed from her power.

29.

It follows from the definition of Law, in its general fignification, above propofed, that its effential conftituents may be reduced to the two following heads: First, power in fome lawful fuperior to prefcribe rules; and fecondly obligation on the fubjects to obferve them. I fhall therefore, in order to the further illuftration of the foregoing definition, endeavour to explain what is meant by lawful fuperior, and afterwards

B

СНАР. II.

Of the Supreme Magiftrate.

Y the words lawful fuperior, used in

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the above definition, is to be underftood, with refpect to human laws, the fupreme magiftrate, or fovereign bodypolitic, whether fole or aggregate, in whom the power of legiflation is vested by the confent, either tacit or expreffed, perfonal or representative, of the whole community For precepts enjoined by an ufurper, or one not having lawful authority, are not to be confidered, as Laws; and are no longer binding, than while the oppreffed are compelled by external force to obey them. But Laws imply an internal obligation, as well as external coercion, to inforce obedience.

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Whatever

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Whatever any perfon, in his own pri vate opinion, may think of the expedience of any particular Law, yet, if it be made by lawful authority, he is bound to observe it; for he has given up his right of judg ment to the legislature; and.confcience dic tates to every man, that obedience is due to lawful power.

It may however feem to follow, from the foregoing definition of Law, that the fupreme magiftrate is not himself bound by the laws of the land: For as he acknowledge's no fuperior, no one can command him; fince fuch a power would induce the abfurdity of Imperium in Im→ perio.

Upon this fubtlety the advocates for ty ranny and arbitrary government have strongly infifted; and from hence Hobbes, and others, have concluded, that to the fovereign power belongs impunity:

This propofition; however, is far from being true, in the extent which they would

afcribe to it. In all ftates whatever, the good of the governed is the real, or pretended object of government. Even defpotism, which scarce deferves the name of govern ment, does not difavow this principle; and when the arbitrary Will of Eastern tyrants is ftretched to a degree of oppreffion which their fubjects can no longer bear, we find that, flaves as they are, they have the fpirit to remove the tyrant, though they have not the fenfe to refcue themselves from tyranny. pie bus year.

But in ftates which are ruled by Laws, this principle does, or ought to give life to every fpring of government; and the fupreme magiftrate is bound to make thofe laws the meafure of his adminiftration. He is held to the obfervance of them by the ftricteft moral obligation, or in other words, by the Law of Nature. And more firmly to bind his confcience to the due difcharge of his duty, the policy of most states has required him to make a folemn promife on oath, that he will govern according to the laws in being.

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