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Front Page Titles (by Subject) Preface to the Fifth Edition. - A Treatise Concerning Civil Government in Three Parts
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Preface to the Fifth Edition. - 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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Prefaceto theFifth Edition.“The Principles on which I have argued, form the Foundation of every State, as far as it is free; and are the same with those taught by Mr. Locke. “Page 1. Our Colonies in North-America appear to be now determined to risque, and suffer every Thing, under the Persuasion, that Great-Britain is attempting to rob them of that Liberty, to which every Member of Society, and all civil Communities, have a natural, and an unalienable Right. Section I.Of the Nature of Liberty in general.“Page 1. In order to obtain a more distinct and accurate View of the Nature of Liberty as such, it will be useful to consider it under the four following general Divisions. [It is hard to say, what could have been the Doctor’s Motive for dividing Human Liberty into four Parts; for, in reality, there are either not so many Sorts of Liberty, or a great many more. “Physical Liberty, which is the Foundation of the rest, is, as the Doctor well observes, that Principle of Spontaneity, or Self-Determination, which constitutes us Agents; or which gives us a Command over our Actions, rendering them properly ours, and not Effects of the Operation of any foreign Cause.” Therefore possessing, or enjoying this Power within ourselves, we apply it to various Purposes, according as Duty, Interest, or Inclination call it forth: Consequently if every distinct, or possible Application of it is to be considered as the Exertion of a distinct Species of Liberty, we may be said to have Sorts without Number. But the Doctor himself, as will be seen below, joins Religious and Civil Liberty in the same Class. And he also observes, that there is one general Idea that runs through them all, the Idea of Self-Direction, or Self-Government.] “First, Physical Liberty,—Secondly, Moral Liberty,—Thirdly, Religious Liberty,—and, Fourthly, Civil Liberty. “Page 3. As far as in any Instance, the Operation of any Power comes in to restrain the Power of Self-Government, so far Slavery is introduced: Nor do I think that a preciser Idea than this of Liberty, and Slavery, can be given. Section II.Of Civil Liberty, and the Principles of Government.“Page 4. In every free State every Man is his own Legislator.—All Taxes are free Gifts for public Services.—All Laws are particular Provisions or Regulations established by common Consent for gaining Protection and Safety. “From hence it is obvious, that Civil Liberty, in its most perfect Degree, can be enjoyed only in small States, where every Member is capable of giving his Suffrage in Person; and of being chosen into public Offices. When a State becomes so numerous, or when the different Parts of it are removed to such Distances from one another, as to render this impracticable, a Diminution of Liberty necessarily arises.—Though all the Members of a State should not be capable of giving their Suffrages on public Measures individually and personally, they may do this by the Appointment of Substitutes or Representatives. “Page 7. In general, to be free is to be guided by one’s own Will; and to be guided by the Will of another is the Characteristic of Servitude. This is particularly applicable to political Liberty. Section III.Of the Authority of one Country over another.“Page 15. As no People [either individually, or collectively] can lawfully surrender their religious Liberty, by giving up their Right of judging for themselves in Religion, or by allowing any human Being to prescribe to them, what Faith they shall embrace or what Mode of Worship they shall practice; so neither can any civil Societies [* either individually, or collectively] lawfully surrender their civil Liberty, by giving up to any extraneous Jurisdiction their Power of legislating for themselves, and disposing of their Property. Such a Cession, being inconsistent with the unalienable Rights of Human Nature, would either not bind at all, or bind only the Individuals who made it. This is a Blessing, which no Generation of Men can give up for another; and which, when lost, a People have always a Right to resume. [* ]I have added the Words individually, or collectively, as being Terms absolutely necessary for making the Cases of Religious, and Civil Liberty to tally with each other, according to the Doctor’s System. In the Concerns of Religion, every Man must act for himself, and not by a Deputy: He has a Conscience of his own, which he cannot delegate to, or entrust with any Proxy or Representative whatsoever. If therefore the Cases are parallel, as the Doctor supposes them, there can be no such Thing allowed as Representatives in Parliament; but every Voter must attend in Person,—This is an important Point; therefore more of this hereafter. |

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