普莱斯政治著作选

and when he asserts the competence of our legislature to revive the High-Commission Court and Star-Chamber， and its boundless auth-ority not only over the people of Britain， but over distant communities who have no voice in it.　　But whatever may be Mr. Burke's sentiments on this subject， he cannot possibly tlunk of the former account of govemment that 'it is a speculation which destroys all authority'. Both accounts establish an authority. The difference is that one derives it from the people and makes it a linuted authority; and the other derives it from heaven and makes it unlimited. I have repeatedly declared my admiration ofsuch a constitution of government as our own would be， were the House of Commons a fair representation of the kingdom and under no undue influence. The sumrof all I have meant to maintain is， 'that legitimate government as opposed to oppression and tyranny， consists in the dominion of equal laws made with common concent or of men over themselves and not in the dominion of communities over communi-ties， or of any men over other men'. How then can it be pretended， that I have aimed at destroying all authority？ Does our own constitu-tion destroy all authority？ Is the authority of equal laws made with common consent no authority？ Must there be no government in a state that governs itself？ Or， must an institution， contrived by the united counsels of the members of a community for restraining licen- tiousness and gaining security against injury and violence， encourage licentiousness and give to every one a power to commit what outrages he pleases？　　The Archbishop of York [William Markham] （in a sermon preached before the Society for Propagating the Gospel in Foreign Parts， 21 Feb.1777） has taken notice of some loose opinions， as he calls them， which have been lately current on civil liberty; some who mean delinquency having given accounts ofit 'by which every man's humour is made to be the rule of his obedience， all the bad passions are let loose， and those dear interests abandoned to outrage for the protection of which we trust in law'. It is not difficult to guess at one of the delinquents intended in these words. In opposition to the horrid sentiments ofliberry which they describe， but wluch in reality no man in his senses ever entertained， the Archbishop defines it to be simply the supremacy oflaw， or government by law， without adding to 'law' as I had done， the words 'equal and made with common con-sent'; and without opposing a government by law to a government by men， as others had done. According to him， therefore， the supremacy of law must be liberty， whatever the law is， or whoever makes it. In despotic countries govemment by law is the same wirh govemment by the will of one man， which Hooker has called 'the nusery of all men';but， according to this definition， it is liberty. In England formerly the law consigned to the flames all who denied certain established points of faith. Even now， it subjects to fines， imprisonment and banishment all teachers of religion who have not subscribed the doctrinal articles of the church of England; and the good Archbishop， not thinking the law in tlus case sufficiendy rigorous， has proposed putting Protestant Dissenters under the same restraints with the Papists. And should this be done， if done by law， it will be the establishment ofliberty. The truth is that a government by law，is or is not liberty， just as the laws are just or unjust; and as the body of the people do or do not participate in the power of making them. The leamed prelate seems to have thought orherwise， and therefore has given a defirution of liberty which might as well have been given of slavery. At the conclusion ofhis sermon， the Archbishop adds words which he calls comfortable， addressed to those who had been 'patient in tribulation'， and intimating that they might 'rejoice in hope'， 'a ray of brightness then appearing after a prospect which had been long dark'. And in an account which follows the sermon， from one of the mis-sionaries in the province of New-York， it is said that， 'the rebellion would undoubtedly be crushed， and that then will be the time for taking steps for the increase of the church in America， by granting it an episcopate'.　　……