Page images
PDF
EPUB

prove, that

of christians, than I lay to their charge the maxims and practices of robbers-and pirates. Το

any

human institution has attained its ne plus ultra of perfection is to produce internal evidence of a radical deficiency or vice in the system; and to prove a continued progress in the melioration or improvement of a system is conclusive evidence, that the ground-work of the superstructure is in its nature firm and permanent. I have endeavoured to trace and mark the advances, which our conftitution has been gradually making since its first institution towards the perfection of civil

establishment of religion they formerly allowed to the pope, yet it is evident beyond cavil or doubt, that they neither atteinpted nor intended to invest, nor did they by law invest the king with a power of collating spiritual juriidiction ;'for they expressly direct the bishop to apply to the archbishop or other bishops for that, which was not in its nature conferable by the laity; for though the law subjects the archbishop and bishops to the severest penal. ties and forfeitures, if after such election or nomination they refute to confirm and invest the person elected or nominated, yet it authorizes not the king or any other persons to confirm and invest, or to grant or collate the real Ipiritual jurisdiction, nor does it lay or luppose, that the person elected or nominated becomes a real spiritual pattor of Christ's church without such confirmation or investiture. When the billiop has been elected or nominated, and confirmed and invested, he then is to sue to the king for his temporalities, which as appendages of the civil establiňment of religion were holden by our Roman catholic anceltors, as well as by the nation at this day, to be at the disposal and under the controul of the state, and not of the supreme or other spiritual ministers of the church of Christ; for in the year 1350 (25 Ed. III.) though they then did and for many centuries afterwards, continued to acknowledge the spiritual supremacy of the pope, they complained, that he assumed a right to give and grant church benefices to aliens and denizens, as if he had been patron and advowee of the said dignities and benefices, as be was not of right by the law of Englands

liberty;

liberty; and in this progress do we find the fureft earnest of future improvements, as the exigencies of times and circumstances shall require them.

To the blessings of our happy constitution do we at this moment owe the exalted situation we hold amidit surrounding nations envying, distracted, and distreft. Who then but an avowed enemy will attempt to force or seduce us from the sure hold of such an unparalleled tranfcendency? The continuance alone of the means, by which we have attained the glory can ensure it to our pofterity. Let every true Englishman therefore join in the patriotic wish for the conftitution,

ESTO PERPETUA.

206. 207

382.

ABBESSES summoned to parlia- Balance, constitutional, of power in our
ment, 384.

legislature, 174.
Abbey lands, a trust fund under the Ball, John, his rebellion, 527,
controul of the state, 104.

Baldwyn, John, his opinion of Beza
Abbots in parliament, 370.

and Calvin, 553.
Abdication in what it consisted, 175. Bancroft, archbishop, dangerous poli-

tions, 578.
Absence from parliament of the fpi- Baptism, no proof of, required by law,
ritual lords, 376.

262.
Aquiescence of the community gives Barons refuse to alter the laws, 237,
right, 348.

Baronies anciently represented the peo-
Axt of parliament the act of the na-

ple, 433.
tion, 210.

Beza, Theodore, his feditious doc-
binding force of, 105. 269.

trines, 549:

Bishops, their fpiritual jurisdiction, 263,
how made, 259.

618.
power of, 259.

their civil jurisdiction, 265.
Advowson 382. 618.

372. 376. 384.
Alfred enlarged the powers of the peo-

their spiritual character and
ple, 78.

duties, 263,618.
established trial by jury, 79.

Pennington's petition to par-
Alien priors not permitted to hold liament against them, 591.
lands, 103

their lands and temporalities,
Aliens, who, 480. 482.

381.617.
duty, 479.

Bishopricks, nomination to, 382, 618.
Allegiance, 477.

Body politic, 595
how performed, 487.

Bohemia, 539
and protection 'mutual, 477. Boroughs, 401.439, 440.
local, 482.

whence the idea of borough
natural, 477.478.

right, 442.
Alliance between church and state, 271. Bracton, when and why he wrote, 308.
Anabaptifts, 554. 560.

Bribery, caution againit it, 446.
their doctrines, 555.

fource of, 446.
Anathema, its nature and effects, 258. British constitution defined, 145.
Ancestors. Their anxiety to perpe- Britons, ancient, 129.
tuate the principles of the revolu- Burgefjes in parliament, their election,

440.
Antiquity not conclusive evidence of Bill of rights, 188. 357.
truth, 10. 75.

Bribery in elections, 449.
presumption in favour of opi- British, our ancestors, 84.
nions, 124.

Buchanan, his seditious principles, 568.
America, 480.

Burke, his opinion of the want of
Appeals to Rome, 273.

power in the people, not tenable, 54.
Appointment of the king to bishopricks,

formerly confirmed by the pope, 105. Calvin, John, his feditious doctrines,
618.

546.
Aristocracy or oligarchy, 148. Canon law, its obligations, 236,.280.

necessary for a state, 363, 386. Can ns of the church bind not the

commended by Calvin, 545. laity, 89. 281.
Army, standing, 340.

Cantons of Switzerland under demo-
Articles of Limerick gave a right to cratical government, 4 t.
transfer allegiance, 178.

Capacity of the king natural and poli-
Aljent to religious opinions, 91. 93.

ical, 221.
royal to acts of convocation Cajite, tenants in, 434.
binds not the laity, 283.

Cartwright's libel pou parliament,
Aula regia, 390.

383.

tion, 179.

law, 147:

104, 246.

Çapital punishment, 489.

Consent of the people necessary for every
Charles, King I. 412.

rebellion against him, 586. Conscience, right of, inherent in every
II. his restoration, 415.

one, 115. 172.
Chance medley, 497.

of pofterity, not involved in the
Christianity, 84.

acts of their ancestors, 188.
Church lands and possessions, 101. Constitution, our, withstood the Nor.
125.

man conquest, 79.
subject to the controul of the Constitution of England, founded in the
itate, 103, 104. 234. 619.

rights of man, 3. 73.
part of the civil establishment,

defined, 145.

illuminates and instructs, 310.
its power wholly spiritual, 85. Fortelcue's sublime ideas of it,
239, 265.

3.
not in danger from whig prin-

alterations in it, 338.
ciples, 182.

adapted to enforce subordina-
its liberties known and certain,

tion, 470.
234

Constručtive treason, unconstitutional,
Civil magistrates bound to execute the

54.1.
law, 114.

Continuance cannot give force to a bad
eitablishment of religion, 250. principle, 76.
270.

Contempt of the king, 217, 218.
law repugnant to the law of

of the laws, 468.
England, 319.

Convention parliament, 201.
incorporations, what, 37. Convocation, 280. 307.

rights only given by the state, Coronation oaths, 314, 315. 317.
91.226. 245.

Corporation, 89.
Clarendon, constitutions of 254.

fole, 222.
Clergy, their character and duties, 234. Covenant in Scotland, 574.,

their exemptions ariel privi- Covenanters assume the administration
leges, 125, 230.

of juitice, -575
Coercion of the law over the commu- Covenant, league and, 597.
nity, 194. 236.

Crimes, what, 487
Commerce, king luperintendant of, 306. Crime, greateit of all crimes, to rise
Commission, spiritual, given by Christ, against the legislator, 71.
256.

Crown, abdication of the, 175. 206.
Commons, house of, 399. 402.418.

descent of, 211.
458, 459.

taken metaphorically for the
their numbers, 402. 441. person who wears it, 484.

their gradual acquilition of limitation of the, from the be-
power, 406. 418. 431.

ginning, 78.
Commonwealth, various forms of, 148. Crown law, 486.
Community, their duty and obligation
to follow the dictates of God, 83. Declaration of the convention, 175.

their rights vested in them un- Defender of the faith, title whence,
alienably, 24, 68, 112, 466.

226.
injured by the violation of the Delegation, of all power from the
laws, 492

people, 40: 76. 77. 196.
majority concludes the whole, Delegates of the nation formerly, what,

365.
by tacit consent subnits to the Democracy, what, 44. 148.
whole, 65.

vain efforts to establish it in
Compact, original, of the people to live

England, 414.
in society, 64. 201.417.469. 618. Denial of true principles, dangerous,
Conge d'elire, 618.

143.
Conquest, founded in the tacit consent Descent of the crown, 210.
of the governed, 64, 65.

to females, .213.
Conquest of the Britons by the Romans, Dignity of the king, 210, 218.
07.

Diocese, limitation of, 298.
no free government, 77. 130. Disabilities to sit in parliament, 454.

35. 64.

forces, 307

Discusion of truth favourable to its Executive power, 210.482.
cause, 48, 168.

concentered in the crown, 484.
Dispensing power of the king, 344. Extremities of doctrines treacherous in
Disputes, most serious about

words and

argument, 50.71.159. 331.47 5.
general propositions, 28.
Difenters, various forts of, 110. Feudal policy formed on the principles.
Disolution of government by a con.

of freedom, 79.
quest, 77.

tenures abolished, 416.
at the revolution, 201. Firs-fruits, 276,

cafes tending to it, 334. Fish-ponds, 490.
Divine right of kings, strained con- Force of laws, 12. 92. 94. 163. 197.
struction of, 50.

Fortescue, Sir John, his sublime ideas of
true only in the general and our constitution, 3.
original fense of power, 51.

Forfeiture of the crown, 175. 206. 217.
Doétrines false, concerning the power Franchise elective. (Vid. right of
of parliament, and of legislatures in

election);
ģeneral, 66.

Freedom in the adoption of religion, 85.
against civil government, 533. Fruit, stealing of, 490.
542.
Druids, 84:

Gemott, 364.
Duties of persons to follow the dictates Generaliffimo, king of land and sea
of God, 82.

to submit to magistrates, 163: Gentleman, necessary in a common-
of a community to have a reli-

wealth, 363.
gious establishment, 95.

Geneva, antibisilian school of, 540.
ancient, of commoners, 438. God, some nations want the know-
of the king, in 1689, 209.

ledge of him, 27.

all power and authority origi-
Ecclefiaftical corporations, 89.

nally from him, 38.
courts, 251.256.

Government, contempts against, 496.
Edward, King II. 406.

498.
III. 406.

form of it left to the option of
each nation, 44, 45. 57. 150.

it requires more power to alter
Election of bishops, 618.

an old, than to form a new one, 55.
members of parliament, 400.

its origin, 33.

mixed form of, 150.
422.

freedom of, '430. 445. 448. motives for considering the na-
450.

'ture of it, 15.

society cannot subsist without
Elective monarchy, ours not so, 316.
Elizabeth Queen, 410,

its perfection consists in the
Embassadors, right of sending,

difficulty of its dissolution, 154:
Equalization consists in allowing to dissolution of it by a foreign
others what we claim ourselves, 8. enemy, 77:
perfect in the state of nature, at the revolution, 201.

Great council, 364.
incompatible with fociety, 24, Greece, popular or democratical go-
25.

vernments there, 44.
Emigration, lawful for every member
of society, 68.

Habeas-corpus act, 416.
Establishment, civil, of religion, no proof Head of the church of England, 223.
of the truth of it, 84. 88.

230. 275. 284. 306.
essential to our constitution, Henry, King IV. 406.

V. 406.
of a mere civil nature, 89.
Exclusion, bill of, 173.

VII. 407. 439.
Excommunication, what, 240. 242.

VIII. defends the supremacy
civil effects of, 254.

of the Pope, 227, 409.

VI. 410.
I. 436.

it, 55:

22.

87. 119

VI. 406.

-

« PreviousContinue »