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representative

*“ With regard to foreign concerns, the King complete king is the delegate or representative of his of the nation in

foreign treaties. people. It is impossible, that the individuals of a state in their collective capacity can transact the affairs of that state with another community equally numerous as themselves. Unanimity must be wanting to their measures, and strength to the execution of their counsels. In the king therefore, as in a center, all the rays of his people are united, and form by that union a consistency, splendor, and power, that make him feared and respected by foreign potentates, who would scruple to enter into any engagement, that must afterwards be revised and ratified by a popular assembly. What is done by the royal authority with regard to foreign powers, is the act of the whole nation ; what is done without the king's concurrence, is the act only of private men.”

† “ The king has the military power ; but still with respect to this, he is not absolute. It is true, in regard to the sea-forces, King can keep as there is in them this very great advantage, forces he that they cannot be turned against the liberty of the nation, at the same time that they are the surest bulwark of the island, the

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land forces

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king may keep them as he thinks proper ; and in this respect he lies only under the ge

neral restraint of applying to parliament for Bat cannot raise obtaining the means of doing it. But in rewithout the gard to land forces, as they may become an

immediate weapon in the hands of power, for throwing down all the barriers of public liberty, the king cannot raise them without the consent of parliament. The guards of Charles II. were declared anti-constitutional; and James's army was one of the causes of

his being at length dethroned. The nature of our present

“ In these times, however, when it is Naading army. become a custom with princes to keep those

numerous armies, which serve as a pretext and means of oppressing the people, a state, that would maintain its independence is obliged in great measure to do the same. The parliament has therefore thought proper to establish a standing body of troops, which amounts to about thirty thousand men, of which the king has ihe command.

« But this army is only established for one year; at the end of that term it is (unless re-established) to be ipso facto disbanded; and as the question, which then lies before parliament is not whether the army shall be dissolved, but whether it Thall be established anew, as if it had never existed, any one of

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of ministers the

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wars:

the three branches of the legislature may, by its diffent; hinder its continuance. « Besides, the funds for the payment of The pay of the

army is always this body of troops are to be raised by taxes, raised by annual that never are established for more than one year ; and it becomes likewise necessary, at the end of this term again to establish them,"

Against any abuses of the king's prero- Impeachment gative in commencing, carrying on; or concluding wars, or in making treaties, leagues, of imprudent or alliances with foreign states, is the conftitutional security of parliamentary impeachments of the ministers, who shall have advised or induced the crown to an imprudent, detrimental, or injurious exertion of the prerogative:

* “ Another capacity, in which the king is King is the dif. considered in domestic affairs; is as the foun- penter of juf: tain of justice, and general conservator of the peace of the kingdom. By the fountain of justice the law does not mean the author or original, but only the distributor. Justice is not derived from the king, as from his free gift; but he is the steward of the public, to dispense it to whom it is due. He is not the spring, but the reservoir, from whence

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right and equity are conducted, by a thoufand channels, to every individual. And hence it is, that all jurisdictions of courts are either mediately or immediately derived from the crown, their proceedings run generally in the king's name, they pass under his seal, and are executed by his officers.

« It is probable, and almost certain, that in very early times, before our constitution arrived at its full perfection, our kings in person often heard and determined causes between party and party; but at present, by the long and uniform usage of many ages, our kings have delegated their whole judicial power to the judges of their several courts, which are the grand depository of the fundamental laws of the kingdom, and have gained a known and stated jurisdiction, regulated by certain and established rules, which the crown itself cannot now alter but by act of parliament. And, in order to maintain both the dignity and independence of the judges in the superior courts, it is enacted by the statute 13 W. III. C. 2. that their commissions shall be made (not as formerly, durante bene placito, but) quamdiu" bene se gesserint, and their salaries ascertained and established; but that it may be lawful to reinove them on the address of both houses

of

Independence of the judges.

of parliament. And now, by the noble improvements of that law, in the statute of

i Geo. III. c. 23. enacted at the earnest re* commendation of the king himself from the throne, the judges are continued in their offices during their good behaviour, nota withstanding any demise of the crown (which was formerly held immediately to vacate their seats) and their full salaries are absolutely secured to them during the continuance of their commission ; his majesty having been pleased to declare, that he looked upon the independence and uprightness of the judges, as essential to the impartial administration of justice, as one of the best securities of the rights and liberties of his subjects, and as most conducive to the honour of the crown.”

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