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We are not to look upon the mischiefs of this phrasaology
as if they were confined to the difficulties they
oppose to the apprehension of the subject. — Errors
of a plain practical nation may be seen to flow [issue
out of this chaos] to be engender'd from this turbed source
If this dictate of School-casuistry were to be observed,
there would be as many rebellions almost as there
are great Political questions agitated & decided:
I will Let us take, concerning the Power of the Sovereign in over the
marriages of his Family; for an example the Dissenters
from the Act Statute which established it, failed not, as might
be expected, to urge it's being repugnant to the Law of
Nature; they ought in consequence, according to this
doctrine, to have taken up arms rather than to submit
to it.
Many are the odious &c I could put many odious & improbable cases of what the
Parliament may be conceived to do, which if they were
to do, he would be the best citizen who should be soonest
up in arms.
---page break---
But I would never think of holding such Language
(in these cases even) as that they can't do it by Law
that it is void in itself because contrary to Magna
Charta, which as to all but one vague aphorism has
been turn'd into a dead letter by a Statute which every
body and those who use this language among the
rest, applaud instead of condemning) or to some other
prior Statute.
INTROD. "Law of Nature". Expression reprobated [BR] [ ] Practical ill-consequences. Blackstone.
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