The Massachusetts spy. [volume] (Boston [Mass.]) 1770-1772, 1772-08-27

by the LUs and contribution thereof, and as
aniwerable to Us, for any departure from
this rule of administration, as be is TO his
(ubjecfs of Great Britain, for any deviation
from the rules preicribed by their laws, and
contribution.
In this p ovince we con6dor the perfon
whom The King nSminafrs and e0mmiD!ens, as
the Kings majefy, bat do not own iub-
jettion to him In the double capacity of King
and Governor. Were the King perfonally
to pre!ide here, tie lGsV and fbe contribution,
mutt be the rule Of his administration GER
tainIy then il ihould be lule to him, who re-
prefents, or is here lNSI FAD of his Majcf-
~. At whole tribunal the King, or Cover
nor, are 20 anfwer when they aa con-
uary to th-ir Iuh may be feen by the
anfwer the incompatible Mr.. Lock gives
to this quehion, VIZ. C. Who had be
Judge whether the Prince acts contrary
to this ttuR 7" he fays, "to this ! reply,
the pfspk Fall be jiH4gsi for who fhall be
Judge whetaer his uuitee OF deputy acts well,
aod according to the uuH rspoIed in him,
but he who depuies him,a mult,by deput-
ing HIM have fill power 10 dlicald him
when he fails in his uuit ! IF this be rea-
fonab'e in particular cafes u private men,
why mould it be otheIwlle in thar of the
greatef moment where the welfare Ct
millions are concerned, and a'lo where the
evil, if not prevented, is greater, and the
redreis very difficult, dear and dangerous |
But farther, this quefion, who lhall be
Judge ! cannot mean, that there is no judge
at all. For where there is no ud!catuTe
on earth, to dec ,'e controversies amongit
men, God in heaven is judge: He alone,
'tis true, is judge of the right. But every
man is Judge for hImfef, as in all other
cafes, 10 in this, whether another hath put
himfelf into a fate of war with him, and
whether he lhould appeal to the fupTeme
Judge, as Jephtha did. Ii controversy arIfe
betwixt prince, and fome of the people,
in matter where the law is liIent, or doubt
ful, and the thing be Of great coniequenoe,
ihould think the proper umpire, in fuch
cafe, fhouId be the body of The people.
For in cafes where the prince hath truf
repoied in him, and is difpenled from the
common ordinary rules OF the Law; there,
if any men find themielves aggTieved, and
think the prince acts contrary 20 or beyond
that traR, who 70 proper to judge as the
body of the people, (who, AZ flf, lodged
that truR in him. how far they meant il
Mould extend But if the prince, or who
ever they be in the standardization, decline
that way of determination the appeal
then lie; no where but to heaven. Force
between either pr lons, Who have no known
luperiour on earth, or which permits no
appeal to jugde on earth, being properly
fate of war, wherein the appeal lies only
T. heaven, and in that fate the injured party
mutt Judge for himfelf, when he will think
fit TO make uie OF that appeal, and puts
himlelf upon il. To conclude, the power
that every individual gave the iociety, when
ne enteIed into it, Can never revert &c the
individuals again. as long as theSociety laRs,
but will always remain in the community
becsule without this, there can be no COM
munIty, no commonwealth, which is con-
trary to the original agreement /: But if
they have let limits to the duration of their Ie-
gIlative, and made this fuprcme power in
any Perlon, only temporary: Or eife when
BY the mllcarriages OF thoie in authority, it is
forfehed upon the forfeiture of their rulers,
or at the determination of the time let, il re-
verts to the iociety, and the people have a
right to aa as fuPreme, and continue the le-
gIGatlye in lhemlelves, or place il in a new
toIm, or new HANDS as they think gooc."
1t it be agreeable to the law Of nature as
well as TO the EngIih contribution, thai
rulers lhould be accountable to thole over
whom they prefide, and if this people hive