who endeavours to invalidate the contract between him
and the people, or to corrupt their manners,
SICT. 20. Unjuft commands are not to be obeyed; and
no man is obliged to suffer for not obeying fuch as are
against law,

Page

365

372

SECT. 21. It cannot be for the good of the people, that
the magiftrate have a power above the law: and he is
not a magistrate, who has not his power by law, - 378
SECT. 22. The rigour of the law is to be tempered by men
of known integrity and judgment, and not by the prince,
who may be ignorant or vicious,
SECT. 23. Ariftotle proves, that no man is to be entrusted
with an abfolute power, by shewing, that no one knows
how to execute it, but fuch a man as is not to be found, 399
SECT. 24. The power of Augustus Cæfar was not given,

but ufurped,

391

SECT. 25. The regal power was not the firft in this na-
tion; nor neceffarily to be continued, though it had
been the firft,

SECT. 26. That the king may be entrusted with the
power of chufing judges; yet that by which they act is
from the law,
SECT. 27. Magna charta was not the original, but a de-
claration, of the English liberties. The king's power
is not reftrained, but created, by that and other laws;
and the nation that made them can only correct the de-
fects of them,

SECT. 28. The English nation has always been governed
by itfelf, or its reprefentatives,
SECT. 29. The king was never master of the foil,

406

422

437

443

468

SECT. 30.

Page

-482

SECT. 30. Henry the First was king of England by as good a title as any of his predeceffors or fucceffors, -- 475 SECT. 31. Free nations have a right of meeting, when and where they please, unless they deprive themselves of it, SECT. 32. The powers of kings are fo various, according to the conftitutions of feveral ftates, that no confequence can be drawn to the prejudice or advantage of any one, merely from the name, SECT. 33. The liberty of a people is the gift of God and

nature,

492

496

502

506

- 510

SECT. 34. No veneration paid, or honour conferred upon
a just and lawful magistrate, can diminish the liberty of
a nation,
SECT. 35. The authority given by our law to the acts
performed by a king de facto, detract nothing from the
people's right of creating whom they please,
SECT. 36. The general revolt of a nation cannot be called
a rebellion,
SECT. 37. The English government was not ill confti-
tuted, the defects more lately obferved proceeding from
the change of manners, and corruption of the times,
SECT. 38. The power of calling and diffolving parlia-
ments is not fimply in the king. The variety of cuftoms
in chufing parliament-men, and the errors a people
may commit, neither prove that kings are or ought to
be abfolute,

SECT. 39. Thofe kings only are heads of the people, who
are good, wife, and feck to advance no intereft but that
of the public,

518

526

537 SECT. 40..

SECT. 40. Good laws prefcribe eafy and fafe remedies
against the evils proceeding from the vices or infirmities
of the magiftrate; and when they fail, they must be fup-
plied,

SECT. 41. The people, for whom and by whom the ma
giftrate is created, can only judge whether he rightly
perform his office or not,

-

SECT. 42. The perfon that wears the crown cannot de-
termine the affairs which the law refers to the king,
Proclamations are not laws,

-

No people, that is not free, can fubftitute de-

SECT. 43.
SECT. 44.
legates,
SECT. 45. The legislative power is always arbitrary,
and not to be trufted in the hands of any who are not
bound to obey the laws they make,
SECT. 46. The coercive power of the law proceeds from
the authority of parliament,

-

---

Page

548

557

565

575

584

594

599

END OF VOLUME 11

LETTERS

OF

ALGERNON SYDNEY,

TAKEN FROM THE SYDNEY PAPERS.

ALGERNON SYDNEY to his Father ROBERT EARL OF LEICESTER.

My Lord,

I ATTENDED the last weeke upon the committee of

fequeftrations, but they did not fit. I had fome expectation that they would this day; but the Painted Chamber is taken up this afternoone, by the commiffioners for the tryall of the king. I have spoken with diuers, conterning your lordships * bufineffe, and find them all of opinion, it cannot be denied. The only difficulty is in getting a committee to fit, for all mens braines are foe

The taking off the fequeftration of his eftate. See more of this matter in Collins's Memoirs of the Sydneys.

APPENDIX.

A

full

full of the great bufineffe, that they will not giue themfelues leaue to think of any other. The propofition of the caualiers, for the fauing of the king, doth not obtaine foe much as a hearing. This day they are againe to be fent out of towne, by order of the houfe of commons, to the generall. The lords fate yesterday, paffed the ordinances for mony, for the army, and navy; and are now very seasonably passing an ordinance to make it treafon for any king to make warre upon the parliament, and haue defired a conference with the houfe of commons, to know, wheather thoes votes, that goe under theire names, afferting all iuft power to be originally in the people themfelues, to be the reprefentatiue of the people, and that to the validity of any law, paffed by them,. neither the affent of king nor lords is neceffary, weare paffed by them. I think, that if the houfe of commons had not bin very hafty in turning the ordinance, for the kings tryall into an act of theire owne, and contented themfelues with theire own power, the lords are now in a temper to haue giuen theire affent, if they had received a fecond meffuge from us. My lord of Northumberland, -I think, intends to comme to the houfe; our admirali hath not been theire yet; he is foe fick as not to comme thither, but takes liberty to go to any other places; he is in great uncertainty, and knowes not yet which party to joyn with. I will endeauour, if it be poffible, to get your lordships bufineffe heard this weeke; Mr. Windkam hath promifed me to be theare; Mr. Hales excufeth himself he neuer hauing practifed theare. My brother Robert, I heare, is made lieutenant colonell to

my