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Front Page Titles (by Subject) Chap. XVII.: Extracts from Mr. Molyneux's Case of Ireland being bound by Acts of Parliament in England. Dublin, printed 1698, and dedicated to King William: And lately reprinted by Mr. Almon, with a long Preface, exciting the Irish to rebel - A Treatise Concerning Civil Government in Three Parts
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Chap. XVII.: Extracts from Mr. Molyneux’s Case of Ireland being bound by Acts of Parliament in England. Dublin, printed 1698, and dedicated to King William: And lately reprinted by Mr. Almon, with a long Preface, exciting the Irish to rebel - Josiah Tucker, A Treatise Concerning Civil Government in Three Parts [1781]Edition used:A Treatise Concerning Civil Government in Three Parts (London: T. Cadell, 1781).
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Chap. XVII.Of Usurpation.“§ 198. Whoever gets into the Exercise of any Part of the Power [of governing] by other Ways than what the Laws of the Community have prescribed, hath no Right to be obeyed, tho’ the Form of the Common-Wealth be still preserved: Since he is not the Person the Laws have appointed, and consequently not the Person the People have consented to. Nor can such an Usurper, or any deriving from him, ever have a Title ’till the People are both at Liberty to consent, and have actually consented to allow, and confirm him in the Power he hath till then usurped.” Extracts from Mr.Molyneux’sCase of Ireland being bound by Acts of Parliament in England. Dublin, printed 1698, and dedicated to KingWilliam:And lately reprinted by Mr.Almon,with a long Preface, exciting the Irish to rebel, and promising sull Liberty, and Security to the Papists, if they will join in this good Work.“Page 18. If a Villain with a Pistol at my Breast, makes me convey my Estate to him, no one will say, that this gives him any Right. And yet just such a Title as this has an unjust Conqueror, who with a Sword at my Throat forces me into Submission; that is, forces me to part with my natural Estate and Birth-right, of being governed only by Laws, to which I give my Consent, and not by his Will,—or the Will of any other. “P. 26 and 27. From what has been said, I presume it pretty clearly appears, that an unjust Conquest gives no Title at all;—that a just Conquest gives Power only over the Lives, and Liberties of the actual Opposers,—but not over their Posterity and Estates;—and not at all over those that did not concur in the Opposition. “They that desire a more full Disquisition of this Matter, may find it at large in an incomparable Treatise concerning the true Original, Extent, and End of Civil Government, Chap. xvi. This Discourse is said to be written by my excellent Friend John Locke, Esq. “Page 113. I shall venture to assert, that the Right of being subject only to such Laws, to which Men give their own Consent, is so inherent in all Mankind, and founded on such immutable Laws of Nature and Reason, that ’tis not to be aliened, or given up by any Body of Men whatever. “Page 150. All Men are by Nature in a State of Equality, in respect of Jurisdiction or Dominion.—On this Equality of Nature is founded that Right, which all Men claim of being free from all Subjection to positive Laws, ’till by their own Consent, they give up their Freedom by entering into Civil Societies for the common Benefit of all the Members thereof. ☞ And on this Consent depends the Obligation of all human Laws. “Page 169. I have no other Notion of Slavery; but being bound by a Law, to which I do not consent. “Page 170. Ifone Law may be imposed without Consent, any other Law whatever may be imposed on us without our Consent. This will naturally introduce taxing us without our Consent. And this as necessarily destroys our Property. I have no other Notion of Property, but a Power of disposing of my Goods as I please, and not as another shall command. Whatever another may rightly take from me, I have certainly no Property in. To tax me without Consent is little better, if at all, than down-right robbing me. |

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