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have enfued from fome of his fubjects; and whatever might have been the fate of the arms of the prince of Orange, king James might have died in the field king of England, or been expelled by his rebellious fubjects; but he never could have been faid to have abdicated, or forfeited, or abandoned his own or his peoples rights.

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CHAP. IX.

OF THE SUPREME EXECUTIVE POWER.

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Am now come to speak of the first branch of the legislative power of this realm, which the conftitution has made the fupreme executive power of the state, and which it has vested in a fingle perfon, that is to fay, in that perfon, male or female, to whom the crown by the rule of hereditary fucceffion fhall defcend. * It rarely happens, that we have the fatisfaction of finding a legiflative expofition of any part of our conftitution; whenever that happens, I feel myfelf emphatically bounden to fubmit it to my readers; for by the principles already laid down and established, the act of the majority of the community concludes every individual of the commmunity; the act of the reprefentatives of the nation is the act of the nation itself; the

I have already fully fhewn the very effential alteration made in the rule of fucceffion at the revolution; the old line was discontinued, and the condition of being protefiant was annexed to the capacity of fucceeding. Subject to this deviation and condition, the prefent rule of defcent remains the fame, as it was originally fettled by the conftitution.

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three eftates or branches of the legislature, which complete the parliament, make the full reprefentation of the nation; and, therefore, it can be nothing short of high-treafon against the state, to difavow, contradict, or refift this legislative authority, expreffed in an act of parliament. A new fact in the events of kingdoms often draws forth an explicit *declaration from the legiflature of certain fundamental principles, rules, and rights, which before had fubfifted upon no other authority, than the univerfal unqualified admiffion and fubmiffion of the community. So upon the acceffion of queen Mary to the crown of England, in the year 1553, it was thought proper to make a full, clear, and explicit declaration of the rule and nature of the hereditary defcent of the crown of England, as established by the conftitution of the realm.

* "Forafmuch as the imperial crown of this realm, with all dignities, honcurs, prerogatives, authorities, jurifdictions, and preheminences thereunto annexed, united, and belonging, by the divine providence of Almighty God is moft lawfully, justly, and rightly defcended and come unto the queen's

*1 Mary Seff. 3. c. i.

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highness that now is, being the very true and undoubted heir and inheritrix thereof, and invested in her moft royal perfon, according unto the laws of this realm; and by force and virtue of the fame, all regal power, dignity, honour, authority, prerogative, preheminence, and jurifdictions doth appertain, and of right ought to appertain and belong unto her highnefs, as unto the fovereign fupreme governor and queen of this realm, and of the dominions thereof, in as full, large, and ample manner as it hath done heretofore to any other her most noble progenitors, kings of this realm; nevertheless, the most ancient statutes of this realm, being made by kings then reigning, do not only attribute and refer all prerogative, preheminence, power, and jurifdiction royal unto the name of king, but also give, affign, and appoint the correction and punishment of all offenders against the regality and dignity of the crown, and the laws of this realm, unto the king; by occafion whereof the malicious and ignorant perfons may be hereafter induced and perfuaded unto this error and folly, to think that her highness could ne fhould have, enjoy, and ufe fuch like authority, power, preheminence, prerogative, and jurisdiction, nor do ne execute and ufe all things concerning

cerning the said ftatutes, and take the benefit and privilege of the fame, nor correct and punish offenders against her moft royal perfon, and the regality and dignity of the crown. of this realm, and the dominions thereof, as the kings of this realm, her most noble progenitors, have heretofore done, enjoyed, used, and exercised.

"For the avoiding and clear extinguishment of which faid error or doubt, and for a plain declaration of the laws of this realm in that behalf;

"Be it declared and enacted by the authority of this prefent parliament, that the law of this realm is, and ever hath been, and ought to be understood, that the kingly or regal office of this realm, and all dignities, prerogative royal, power, preheminences, privileges, authorities, and jurifdictions thereunto annexed, united, or belonging, being vefted either in male or female, are and be, and ought to be as fully, wholly, abfolutely, and entirely deemed, judged, accepted, invefted, and taken in the one as in the other."

I blush to overcharge fuch plain matter with arguments and proofs; but I trust, that the liberality of thofe, who themselves ftand not in need of them, will countenance and encourage

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