Liberty and the Magistrate

To make such Protection practicable, Magistracy was formed,* with Power to defend the Innocent from Violence, and to punish those that offered it; nor can there be any other Pretence for Magistracy in the World. In order to this good End, the Magistrate is intrusted with conducting and applying the united Force of the Community; and with exacting such a Share of every Man’s Property, as is necessary to preserve the Whole, and to defend every Man and his Property from foreign and domestick Injuries.

These are Boundaries of the Power of the Magistrate, who deserts his Function whenever he breaks them. By the Laws of Society, he is more limited and restrained than any Man amongst them; since, while they are absolutely free in all their Actions, which purely concern themselves; all his Actions, as a publick Person, being for the Sake of the Society, must refer to it, and answer the Ends of it.

original spelling

From (preserving the original spelling) ‘Cato’s Letters’ Vol. II (1723) by John Trenchard MP (1662-1723) and Thomas Gordon (?-1750).

* ‘Magistrate’ was a term in Roman law for anyone with judicial or governmental functions, from minor judges to the highest lawmakers. In this passage, Trenchard uses the word in this broad sense. The word has since come to be restricted to minor judicial officers, for example by the Metropolitan Police Courts Act 1839.

Précis
Lawmakers, said Trenchard, should remember that society has established them in order to protect the rights of citizens. Far from being able to do as they please, Government officials have to exercise more restraint than any ordinary citizen, in order to ensure that they never overstep the bounds of the authority that society has given them.
Questions for Critics

1. What are the authors aiming to achieve in writing this?

2. Note any words, devices or turns of phrase that strike you. How do they help the authors communicate their ideas more effectively?

3. What impression does this passage make on you? How might you put that impression into words?

Based on The English Critic (1939) by NL Clay, drawing on The New Criticism: A Lecture Delivered at Columbia University, March 9, 1910, by J. E. Spingarn, Professor of Comparative Literature in Columbia University, USA.

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