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the part which produced the necessary preferred, the inheritable principle fure deviation ; and even then it is to be et vived with a sort of immortality through fected without a decompofition of the all transmigrations-multos que per anwhole civil and political mass, for the nos flat fortuna domus et avi numeranpurpose of originating a new civil order tur avorum. This is the fpirit of our out of the first elements of society. conftitution, not only in its settled
66 A fate without the means of some course, but in all its revolutions, Whochange is without the means of its con ever came in, or however he came in, fervation: Without fuch means it whether be obtained the crown by law, might even risque the loss of that part or by force, the hereditary succession of the constitution which it wished the was either continued or adopted. most religiously to preserve. The two “ The gentlemen of the Society for principles of conservation and correction Revolutions fee nothing in that of 1688 operated frongly at the two critical pe- but the deviation from the conftitutions siods of the Restoration and Revolution, and they take the deviation from the when England found itself without a principle for the principle. They have king. At both those periods the na- little regard to the obvious confequeno tion had left the bond of union in their ces of their doctrine, though they muf antient edifice ; they did not, however, see, that it leaves pofitive anthority in diffolve the whole fabric. On the con. very few of the positive inftitutions of trary, in both cases they regenerated this country. When such an unwar. the deficient part of the old conftitution rantable maxim is once establifhed, that through the parts which were not im- no throne is lawful but the elective, no paired. They kept these old parts exactly one act of the princes who preceded as they were, that the part recoveredmight their æra of fi&itious election can be be suited to them. They acted by the anci- valid. Do these theorists mean to imient organized fares in the Mape of their tate fome of their predecessors, who old organization, and not by the orga- dragged the bodies of our antient fovenic molecule of a disbanded people. reigns out of the quiet of their tombs ? At no time, perhaps, did the sovereign Do they mean to attaint and disable legiflature manifeit a more tender re backwards all the kings that have gard to that fundamental principle of reigned before the Revolution, and con. British constitutional policy, than at the sequently to ftain the throne of England time of the Revolution, when it devie with the blot of a continual ufurpation! ated from the direct line of hereditary Do they mean to invalidate, annul, or fucceffion. The crown was carried to call into question, together with the fomexvhat out of the line in which it titles of the whole line of our kings, had before 'moved; but the new line that great body of our statute law which was derived from the fame stock. It paffed under those whom they treat as was still a line of hereditary defcent; usurpers? to annul laws of ineftimable ftill an hereditary descent in the same value to our liberties-of as great value blood, though an hereditary descent at lealt as any which have pafied at or qualified with protestantism. When fince the period of the Revolution? If the legislature altered the direction, but kings, who did not owe their crown to kept the principle, they thewed that the choice of their people, had no title they held it inviolable.
to make laws, what will become of the « On this principle, the law of in- statute de tallagio non concedendo? of the heritance had admitted some amend- petition of right ?-of the act of habeas ment in the old time, and long before corpus? Do these new doctors of the the æra of the Revolution. Soine time rights of men presume to assert, that after the conquest great questions arose king James the Second, who came ta upon the legal principles of hereditary the crown as next of blood, according descent. It became a matter of doubt, to the rules of a then unqualified sucwhether the heir per capita or the heir cession, was not to all intents and pur. per firpes was to fucceed; but whether poses a lawful king of England, before the heir per capita gave way when the he had done any of those acts which, heirdom per fiirpes took place, or the were juftly construed into an abdication Catholic heir when the Protestant was of his crown? If he was not, much
trouble in parliament might have been and is hereby declared to be the next in saved at the period these gentlemen fuccefon in the Protestant line,' &c. &c.; coininemorate. But king Jaines was a " and the crown shall continue to the bad king with a good title, and not an beirs of her body, being Protestants.' ulurper. The princes who succeeded This limitation was made by parliaaccording to the act of parliament ment, that through the princess Sophia which fettled the crown on the electress an inheritable line, not only was to be Sophia, and on her descendants, being continued in future, but (what they Protestants, came in as much by a title thought very material) that through her of inheritance as king James did. He it was to be connected with the old stock came in according to the law, as it stood 'of inheritance in king James the First; at his accession to the crown; and the in order that the monarchy might preprinces of the House of Brunswick serve an unbroken unity through all came to the inheritance of the crown, ages, and might be preserved (with not by election, but by the law, as it safety to our religion) in the old apftood at their several acceflions of Pro- proved mode by descent, in which, if teltant descent and inheritance, as I our liberties had been once endangered, hope I have shewn sufficiently.
they had often, through all forms and *. The law by which this royal family truggles of prerogative and privilege, is specifically destined to the fucceffion, been preserved. They did well. No is the act of the 12th and 13th of king experience has taught us, that in any William. The terms of this act bind other course or method than that of an
us and our heirs, and our pofterity, to hereditary crown, our liberties can be them, their heirs, and their pofterity,' regularly perpetuated and preserved being Protestants, to the end of time, sacred as our hereditary right.' An irin the same words as the declaration of regular, convulsive movement may be right had bound us to the heirs of king necessary to throw off an irregular, William and queen Mary. It there convulsive disease. But the courfe of fore secures both an hereditary crown succession is the healthy habit of the and an hereditary allegiance. On British constitution. Was it that the what ground, except the constitutional legislature wanted, at the act for the lipolicy
of forming an establihment to mitation of the crown in the Hanoverian iecure that kind of luccellion which is line, drawn through the female descende to preclude a choice of the people for ants of James the Firít, a due sense of ever, could the legislature have faftidi- the inconveniencies of having two or ously rejected the fair and abundant three, or possibly more, foreigners in choice which our own country presented succession to the British throne? No! to them, and searched in strange lands they had a due sense of the evils which for a foreign princess, from whole womb might happen froin such foreign rule, the line of our future rulers were to de. and more than a due sense of them. rive their title to govern millions of But a more decisive proof cannot be men through a series of ages ?
given of the full conviction of the • The princess Sophia was named in British nation, that the principles of the the act of settlement of the 12th and Revolution did not authorize them to 13th of king William, for a flock and elect kings at their pleasure, and with, root of inberitance to our kings, and out any attention to the antient fundaBor for her merits as a temporary admi- mental principles of our government, nistratrix of a power, which she might than their continuing to adopt a plan of not, and in fact did not, herself ever, hereditary Protestant succeflion in the exercise. She was adopted for one rea- old line, with all the dangers and all fon, and for one only, because, says the the inconveniencies of its being a foreign act, the most excellent princess Sophia, line full before their eyes, and operating ele&tress and duchess do.vager of Ha- with the utmost force upon their minds. nover, is daughter of the most excellent “A few years ago I should be princess Elizabeth, late queen of Bohe, ashamed to overload a matter, fo capa., mia, daughter of our late fovereign lord ble of supporting itself, by the then king James the First, of happy memory, unnecessary support of any argument;
but this feditious unconftitutional doc a fi&tious cause, and feigned perso: trine is now publicly taught, avowed, nages, in whose favour they suppose and printed. The dilike I feel to you engaged, whenever you defend the revolutions, the lignals for which have inheritable nature of the crown. It is so often been given from pulpits; the common with them to dispute as if spirit of change that is gone abroad; they were in a conflict with some of the total contempt which prevails of those exploded fanatics of Navery, with you, and may come to prevail who formerly maintained, what I bewith us, of all antient inftitutions, lieve no creature now maintains, that when let in oppolition to a present the crown is held by divine, hereditary, sense of convenience, or to the bent and indefeasible right.'-These old faof a pretent juclination : all these natics of single arbitrary power dog confiderations make it not unadvise- matized as if hereditary royalty wa able, in my opinion, to call back our the only lawful government in the attention to the true principles of our world, just as our new fanatics of poown domestic laws; that you, my pular arbitrary power, maintain that French friend, should begin to know, a popular election is the fole lawful and that we should continue to cherifi source of authority. The old prerothem. We ought not, on either side gative enthufiafts, it is true, 'did fpeof the water, to suffer ourselves to be culate foolifily, and perhaps impioufiy impofed upon by the counterfeit wares too, as if monarchy had more of a which some persons, by a double fraud, divine sanction than any other mode export to you in illicit bottoms, as raw of government, and as if a right to commodities of British growth, though govern by inheritance were in frie ness wholly alien to our foil, in order after- indefeasible in every person, and under wards to smuggle them back again every circumstance, which no civil or into this country, manufactured after political right can be. But an absurd the newest Paris fashion of an improved opinion concerning the king's herediliberty.
tary right to the crown does not pre “ The people of England will not judice one that is rational, and bot. ape the fashions they have never tried; tomed upon folid principles of law nor go back to those which they have and policy. If all the absurd theories found mischievous on trial. They of lawyers and divines were to vitiate look
upon the legal hereditary fuccef- the objects in which they are converfion of their crown as among their fant, we should have no law, and no rights, not as among their wrongs; religion, left in the world. But an as a benefit, not as a grievance ; as a absurd theory on one side of a question fecurity for their liberty, not as forms no justification for alledging a badge of servitude. They look on the false fact, or promulgating mischievous frame of their common
onwealth, such as maxims on the other. it stands, to be of ineltimable value; “ The second claim of the Revolution and they conceive the undisturbed Society is ' a right of cashiering their fucceffion of the crown to be a pledge governors on misconduet.'. Perhaps of the Itability and perpetuity of all the apprehensions our ancestors enter. the other members of our constitution. tained of forming such a precedent as
" I Mall beg leave before I go any that of cashiering for nuisconduet," further, to take notice of some paltry was the cause ihat the declaration of artifices, which the abettors of election the act which implied the abdication as the only lawful title to the crown, of king James, was, if it had any are l'eady to employ, in order to ren- fault, rather too guarded, and too der the support of the just principles circumstantial *. But all this guard, of our conititution a talk somewhat and all this accumulation of circuminvidious. These sophisters substitute ftances, serves to thew the spirit of
* “ That king James the Second, having persons, having violated the fundamental endeavoured to fubvert the constitution of laws, and having withdrawn bimself out of the kingdom, by breaking the original con the kineziom, hath abdicated the government, tract between king and ifcople, and by and thie throne is thereby vacant.” the advice of jesuits, and other wicked
caution which predominated in the of king William, for the further li. national councils, in a situation in mitation of the crown, and better fe. which inen irrita:ed by oppretsion, and curing the right and liberties of the elevated by a triumph over it, are apt subject, they provided, 'that no parto abandon themelves to violent and don under the great leal of England extreme coudes: it shews the anxiety Mould be pleadable to an impeachment of the great men who influenced ine by, the commons in parliament.' The conduct of affairs at that great event, rule laid down for government in the to make the revolution a parent of fer. Declaration of Righi, the constant in. tlement, and not a nursery of future suspection of parliament, the practical revolutions.
claim of impeachment, they thought " No government could stand a mo- infinirely a better security not only for ment, if it could be blown down with their conttitutional liberty, but against any thing to loote and indefinite as an the vices of administration, than the opinion of misconduct.' They who reservation of a right so difficule in the led at the revolution, grounded the practice, lo uncertain in the issue, and virtual abdication of King James upon often lo mischievous in the confeno such light and uncertain a principle. quences, as that of cashiering their They charged him with nything less governors.'. than a design, confirmed by a mulri. • Dr. Price, in this sermon, contude of illegal overt acts, to fubvert demns very properly the practice of the Protestant church and flate, and grois, adulatory ado esses to kings. their fundamental, unquestionable laws Instead of this fulsome style, he proand liberties : they charged hiin with posts that his majesty. Thould be told, having broken the original contract be on occisions of congratulation, that tween king and people. This was • he is to consider hiinrelf as more more than misconduet. A grave and properly the servant than the sovereign over ruling neceflity obliged them to of his people.'. For a compliment, take the step they took, and took with this new form of address does not seem infinite reluctance, as under that most to be very soothing. Those who are rigorous of all laws. Their trult for servants, in name, as well as in effect,
the future preservation of the consti- do not like to be told of their firuation, tution was not in future revolutions. " their duty, and their obligations. The The grand policy of all their regula- Nave, in the old play, tells his matter, tions was to render it almost imprac- "Hæc cominemoratio eft quasi exprobratícable for any future sovereign to tio.' It is not pleasant as compliment; compel the states of the kingdom to it is not wholesome as initi uction. have again recourse to those violent Aft-r all, is the king were to bring remedies. They left the crown what, hinfelf to echo this new kind of ada in the eye and estimuion of law, it dress, to adopt it in terms, and even had ever been, perfectly irresponsible. to take the appellation of Servant of In order to lighten the crown still the People as his royal style, how either further, they aggravated responsibility he or we thould be much mended hy on ministers of itate. By the statute it, I cannot imagine. . I have seen of the ift of king William, feff. 2d, very affuming letters, figned, Your called ' the act for declaring the rights most obedient, humble servant. The and liberties of the subječt, and for proudest domination that ever was ensettling the fucceffion of the crown, Jured on earth, took a tile of still they enacted, that the ministers should greater humility than that which is now serve the crown on the terms of that proposed for sovereigns by the Apoitle declaration. They secured soon after of Liberty. Kings and nations were the frequent meetings of parliament, trampled upon by the foot of one callby which the whole government would ing himself the Servant of Servants;' be under the conitant inspection and and mandates for depofing fovereigns active controul of the popular repre were sealed with the signet of the Tentative and of the magnates of the Fisherman.' kingdom. In the next great constitu " I should have considered all this as tional act, that of the intb and s3th no more than a sort of dippant vain difYou, II,
course, in which, as in an unsavoury fusion. Let these gentlemen ftate who fume, several persons suffer the spirit of that representative public is to whom Jiberty to evaporate, if it were not plainly they will affirin the king, as a servant, jn lupport of the idea, and a part of the to be respondible. It will be then time Icheme of cashiering kings for'miscon- enough for me to produce to them the ducł' In that light it is worth some positive statute law which affirms that obiervation.
he is not. “ Kings, in one sense, are undoubt. “ The ceremony of cashiering kings, edly the servants of the people, because of which these gentleinen talk to much their power has no other rational end at their eafe, can rarely, if ever, be. than that of the general advantage ; but performed without force. It then be. it is not true that they are, in the ordi comes a case of war, and not of consti: nary
sense (by our constitution, at lealt) tution. Laws are commanded to hold any thing like servants; the essence of their tongues amongst arms; and triwhose situarion is to obey the commands bunals fall to the ground with the of some other, and to be removeable peace they are no longer able to uphold, at pleasure. But the king of Great The Revolution of 1688 was obtained Britain obeys no other perfon; all hý a just var, in the only case in which oth persons are individually, and col. any war, and much more a civil war, lectively too, under him, and owe to can be just. Justa bella quibus necefhim a légal oledicice. The law, which saria.'. The question of dethroning, knows neither to fatter nor to insult, or, if these gentlemen like the phr-fe calls this high magistrate, not our ser- better, caliering kings, will always vant, as this humble divine calls him, be, as it has always been, an extra. but our sovereign lord the king ;' and ordinary question of state, and wholly we, on our parts, have learned to speak out of the law; a question (like all only the primitive language of the law, other questions of state of difpofitions, and not the cenfused jargon of their and of means, and of probable confeBabylonian pulpits.
quences, rather than of positive rigbts. “ As he is not to obey us, but as we As it was not made for common abuses, are to obey the law in him, our consti- so it is not to be agitated by commor tution has made no sort of provision to minds. The superlative line of dewards rendering him, as a fervant, in marcation, where obedience ought to. any degree relponsibic. Our constitu- end, and refiltance muft begin, is faint, tion knows nothing of a magistrate like obscure, and not easily definable. It is the Fufficia of Arragon; nor of any not a single act, or a single event, which court legally appointed, nor of any pro- determines it. Governmen's must be cess legally' settled for submitting the abused and deranged indeed, before is king to the responsibility belonging :: can be thought of; and the prospect of all servants.
In this he is not distin- the future muft be as bad as the expe. guished from the commons and the rience of the past. When things are lords; who, in their several public ca in that lamentable condition, the napacities, can never be called to an ac ture of the disease is to indicate the res count for their conduct; although the medy to those whom nature has quali.. Revolution Society chooses to aliert, in fied to administer in extremities this direct opposition to one of the wiseft and critical, ambiguous, bitter portion to a most beautiful parts of our constitution, distempered flate.
Tiines and occa. tható a king is no more than the first fions, and provocations, will teach their fervant of the public, created by it, and own leffons. The wife will determine refponfible to it.'
from the gravity of the cafe; the irri*** Ill would our ancestors at the Re- table from sensibility to oppression; the volution have deserved their fame for high-minded from disdain and indig, wisdom, if they had found no fecurity nation at abusive power in unworthy for their freedom, but in rendering their hands; the brave and bold, froin the government feeble in its operations, and love of honourable danger in a generous precarious in its tenure; if they had cause: but, with or without right, a been able to contrive no better remedy revolution will be the very last resource again& arbitrary power than civil cona of the thinking and the good.