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form of religious worship, which he thinks moft agreeable to his creator, fo have the community collectively, both the fame right and the fame obligation; and whenever the majority of the community fhall have fo concurred in the adoption of a religion, the maintenance and prefervation of it ftand the fame principles of right and obligation. At the time of the revolution, the majority of the community did, as at this day they do, hold the free enjoyment of the proteftant religion, as their first and most important liberty: they knew themfelves to be under a Roman catholic fovereign; and their rooted diflike to that religion made them look upon every imprudent exertion, as well as illegal ftretch of the prerogative, as a direct attempt to introduce and establish what they called popery, upon the deftruction and ruin of the proteftant religion. Whether this judgment of our ancestors were true or justifiable, it matters little for me to examine; it certainly was the judgment of the majority, and, therefore, if any individuals did not chufe to fubmit to its effects, they had the liberty to quit the fociety, but not to refift or oppose the act of the majority." The idea,"

Black. Com. b. i. c. 3.

fays

The diflike and the real imme

fears of popery

diate caufe of the revolution.

fays Judge Blackstone, "that the confciences of posterity were concerned in the rectitude of their ancestors decifions gave birth to thofe dangerous political herefies, which fo long distracted the ftate, but at length are all happily extinguished." This judgment was the natural refult of the affociated ideas of popery and tyranny; and it is notorious, though The nation for fingular, that the majority of the nation at that time had been educated in the habits (as may be judged from the language of the that of a tyrant. ftatutes) of never feparating the idea of a popish prince, from that of an arbitrary, unjuft, and wicked monarch.

merly in the

habit of never feparating the

idea of a popish

prince from

The bill of rights being uncontrovertibly the act of the nation, fpecifies the charges, which the nation had found against King James the Second*, which are all reducible

to

Whereas the late king James the Second, by the affiftance of divers evil counsellors, judges, and minifters employed by him, did endeavour to fubvert and extirpate the proteftant religion, and the laws and liberties of this kingdom:

ift, By affuming and exercising a power of dif penfing with and fufpending of laws, and the .execution of laws, without confent of parliament.

2d, By committing and profecuting divers worthy prelates, for humbly petitioning to be excufed from concurring to the faid affumed power.

3d, By iffuing and caufing to be executed a com

miffion

to his attempt to eftablish his own upon the fubverfion or extirpation of the protestant religion. And if we are to judge of the peccant part, by the application of the remedy, we clearly fee, that the only innovations or changes, that were then introduced into the conftitution and government, were directly calculated to prevent the future poffibility of that happening, against which the conftitution and laws had not then provided a fecurity..

The first of these changes was the limitation of the crown to the Prince of Orange and the Princefs Mary his wife, with divers

miffion under the great feal, for erecting a court, called the court of commiffioners for ecclefiaftical caufes.

4th, By levying money for and to the use of the crown, by pretence of prerogative, for other time, and in other manner, than the fame was granted by parliament.

5th, By raifing and keeping a standing army within the kingdom in time of peace, without confent of parliament, and quartering foldiers contrary to law.

6th, By causing feveral good fubjects, being proteftants, to be difarmed, at the fame time when papists were both armed and employed, contrary to law.

7th, By violating the freedom of election of members to serve in parliament.

Sth, By profecutions in the court of King's Bench, for matters and caufes cognizable only in parliament, and by divers other arbitrary and illegal courfes. Vid. Bill of Rights, 1 W & M. feff. 2. c. 2,

remainders

Change in the

limitation of

the crown.

Change in the tenure of the crown.

remainders or limitations over, to the abfolute exclufion of the late King James Second and his heirs, which was the line of fucceffion fixt and fanctioned by the conftitution of this realm, ever fince it had made the crown hereditary. So determinately cautious were the nation, that the crown fhould never more devolve upon a Roman catholic, that in the largest stretch of the power, which they certainly did poffefs, they for ever excluded the old legal and conftitutional heirs to the crown, whether they should profefs that religion or not. Thus making this abdication or forfeiture of James more than perfonal, by extending it to the unoffending iffue of his body begotten and to be begotten.

The fecond change was the tenure of the crown of England: for the act expressly enacts," And whereas it hath been found by experience, that it is inconfiftent with the fafety and welfare of this proteftant kingdom to be governed by a popish prince, or by any king or queen marrying a papist, the faid lords fpiritual and temporal, and commons, do further pray, that it may be enacted, that all and every perfon and perfons that is, are, or fhall be reconciled to, or fhall hold communion with the fee or

church

church of Rome, or fhall profefs the popish religion, or fhall marry a papift, fhall be excluded, and be for ever incapable to inherit, poffefs, or enjoy the crown and government of this realm and Ireland, and the dominions thereunto belonging, or any part of the fame, or to have, ufe, or exercise any regal power, authority, or jurifdiction within the fame; and in all and every fuch cafe or cafes, the people of thefe realms fhall be, and are hereby abfolved of their allegiance; and the faid crown and government shall from time to time defcend to, and be enjoyed by fuch perfon or perfons, being protestants, as should have inherited and enjoyed the fame, in cafe the faid perfon or perfons fo reconciled, holding communion, or profeffing or marrying as aforefaid, were naturally dead."

nity exercife

their right to ftitution and government.

change the con

By this act we fee, that the community The communot only afferted, but exercifed their right to alter and change the conftitution and government of this country, as they chofe; for to pretend that this alteration in the fucceffion and tenure of the crown were not abfolute innovations and effential changes in the conftitution, would be to prove the futility or incompetency, not only of this bill of rights,

X

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