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Show [ .1-‘v.<-' {v.4 ‘UACH [ 1-9 l " power to part with." P. 26. And if a politic fociety has no jufl power to de- liver up even its own prefervation, it certainly has much If: right to deliver up the necellary prefervation of other focieties of their brethren and friends (not reprefented among them) without their Confint: and all fuch attempts mull; necef- farily be deemed void and inefi'eétual, be- caufe " there is no neceflity to obey, where " there is no authority to ordain." (19) For as it fo clearly appears, from what ‘ ' has been faid, that Natural Equity does not permit even the inferior Property of lands, goods, chattels, or money, to be alienated without the confint or fault of horz'tor: themfelves, the People at large, or their lawful Reprefentatives in. their refpeé'tive aflemblies or parliamentsl«(2o) This is a necellary conclufion of reajon and cornmont/én/é, drawn from the efi‘eé'r and force of Natural Equity, even in cafes of much lefs confequence (viz. refpeéting goods and common pecuniary property); [0 that the dil'rinétion, which fome great and able politicians have lately made, between Taxation and Logl/latz'on, (in the late difputes about taxing the Co- lonies,) was certainly erroneous, though well intended ; fince it plainly appears, that the right of Legi/latz'on is not lefs D 2 infeparable, the proprietors, much lefs can it permit the alienation, annulling, or changing, of our mo/l ualuahlc inheritance, the Law, without the due afloat and confent of the hc'rz'tors " .. (19) . Ubi. non ell condcndi. authorit. as, ibi non ell parendi neceflitas." Dav. 69. And " Judicium a I ‘ 7'non {L10 .udice d atum nullluS . . Cit moment ' , l. \ IO L0. (20) " Nam non potelt rex Angliae, ad lihz‘tamfuum, ncdum " legs: mature rogni fui. Principatu namque atur." domin o popul l‘uo ipfe lico, etpolz' fed raga/i, " uia nec leges, ipfe" [rex] " fine And again: " popu" flthdito;'lna afinfu mutare paterz't, nec flthjeflum inir; quare " [um rmitentem ontrare impofitianihu: peregr qua: " populus cjus lihere fraetur homo/iris, LEGIBUS, quemwi: " rupil, regulatut, nee per regem hum, aut Laud. de cue Fortef el. Chanc {5'0 tur," depila " alium Leg. Ang. c. 9, p. 26. |
