le, that though
a positive law can only derive its force from these principles, yet it
acquires not all the force of the principle from whence it is derived,
but loses considerably in the transition; as it is natural to imagine.
For instance; a government is established for many centuries on
a certain system of laws, forms, and methods of succession. The
legislative power, established by this long succession, changes all on a
sudden the whole system of government, and introduces a new constitution
in its stead. I believe few of the subjects will think themselves bound
to comply with this alteration, unless it have an evident tendency to
the public good: But men think themselves still at liberty to return to
the antient government. Hence the notion of fundamental laws; which are
supposed to be inalterable by the will of the sovereign: And of this
nature the Salic law is understood to be in France. How far these
fundamental laws extend is not determined in any government; nor is it
possible it ever should. There is such an indefensible gradation from
the most material laws to the most trivial, and from the most antient
laws to the most modem, that it will be impossible to set bounds to
the legislative power, and determine how far it may innovate in the
principles of government. That is the work more of imagination and
passion than of reason.
Whoever considers the history of the several nations of the world; their
revolutions, conquests, increase, and diminution; the manner in which
their particular governments are established, and the successive right
transmitted from one person to another, will soon learn to treat very
lightly all disputes concerning the rights of princes, and will be
convinced, that a strict adherence to any general rules, and the rigid
loyalty to particular persons and families, on which some people set so
high a value, are virtues that hold less of reason, than of bigotry
and superstition. In this particular, the study of history confirms the
reasonings of true philosophy; which, shewing us the original qualities
of human nature, teaches us to regard the controversies in politics as
incapable of any decision in most cases, and as entirely subordinate
to the interests of peace and liberty. Where the public good does not
evidently demand a change; it is certain, that the concurrence of all
those titles, original contract, long possession, present possession,
succession, and positive laws, forms the str
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