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The measures of Power, and by consequence of Obedience, must be taken from the express Laws of any State or Body of Men, from the Oaths that they swear, or from immemorial Prescription, and a long Possession, which both give a Title, and in a long Tract of Time make a bad one be came good, face Prescription, when it passes the Memory of Man, and is not disputed by any other Pretender, gives by the common Sense of all Men a just and good Title: so upon the whole matter, the degrees of all Civil Authority are to be taken either from express Laws, immemorial Customs, or from particular Oaths, which the Subjects swear to their Princes: this being still to be laid down for a Principle, that in all the Disputes between Power and Liberty, Power must always be proved, but Liberty proves it self; the one being founded only upon a Positive Law, and the other upon the Law of Nature. (en) |
