Obj. 8. But the Resisters ought not to do an unlawful Act to suppress such illegal Force.
Answ. I Answer, That Act is not simply Unlawful that wants Political Power; the Law is made for the publick Good as the End, and therefore if the prescribed means be not sufficient for the End, the Law permits that other reasonable means be used, otherwise People might dwell upon the Shadow till they've lost the Substance. The Posse Com. ought not by the prescribed form of Law to go into another County; but if the other Country at that time had no Sheriff, whereby the power of that County could not be raised to defend it self; or if there were Ships in the Borders of the next County, to which the Plunderers might escape if they were not hotly pursued, I question not but the Posse Com. might do a commendable Act to pursue them, and take them in the next County. The Law was made for the publick Good, and not the Publick Good for the Law; and therefore when the Law cannot answer its own End, or prescribes ineffectual Means, any just and honest Means may be used; and this is not destructive of the Law, but suppletory; not a violating the Form pre∣scribed, but an improving it: And though a Man may be called to account for doing a Good Act in such a manner, I suppose it is but to know the Truth of the Matter, and to preserve the Reverence of the Laws; for he is already cleared in his own Conscience, and in the Breasts of all Good Men; and a Pardon in that case does but declare it is so, and ought of Right (not of Grace) to be granted. For it is not necessary in respect of any Crime, but in respect of some defect in the Law, which had not made sufficient provision for the Publick Good.