Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/267

Ch. 7. not now peak of thoe extraordinary recoures to firt principles, which are neceary when the contracts of ociety are in danger of diolution, and the law proves too weak a defence againt the violence of fraud or oppreion. And yet the want of attending to this obvious ditinction has occaioned thee doctrines, of abolute power in the prince and of national reitance by the people, to be much miundertood and perverted by the advocates for lavery on the one hand, and the demagogues of faction on the other. The former, oberving the abolute overeignty and trancendent dominion of the crown laid down (as it certainly is) mot trongly and emphatically in our lawbooks, as well as our homilies, have denied that any cae can be excepted from o general and poitive a rule; forgetting how impoible it is, in any practical ytem of laws, to point out beforehand thee eccentrical remedies, which the udden emergence of national ditres may dictate, and which that alone can jutify. On the other hand, over-zealous republicans, feeling the aburdity of unlimited paive obedience, have fancifully (or ometimes factiouly) gone over to the other extreme: and, becaue reitance is jutifiable to the peron of the prince when the being of the tate is endangered, and the public voice proclaims uch reitance neceary, they have therefore allowed to every individual the right of determining this expedience, and of employing private force to reit even private oppreion. A doctrine productive of anarchy, and (in conequence) equally fatal to civil liberty as tyranny itelf. For civil liberty, rightly undertood, conits in protecting the rights of individuals by the united force of ociety: ociety cannot be maintained, and of coure can exert no protection, without obedience to ome overeign power: and obedience is an empty name, if every individual has a right to decide how far he himelf hall obey.

the exertion therefore of thoe prerogatives, which the law has given him, the king is irreitible and abolute, according to the forms of the contitution. And yet, if the conequence of that exertion be manifetly to the grievance or dihonour of the kingdom, the parliament will call his adviers to a jut and evere ac- Rh