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election. Upon this account, they brought
• Blackstone's Cominentary, b. i. c. 3.
ciously counterbalanced the rights, powers, and interests of each component part of that body, that it is never presumed probable, that any act should pass the three branches of the legislature, which does not appear evidently
for the advantage of the community, whom Safety in the
they collectively represent. *“ Like three 'three distinct powers of the distinct powers in mechanics, they jointly Legiflature.
impel the machine of government in a direction, different from what either, acting by itself, would have done; but at the same time, in a direction partaking of each, and formed out of all; a direction, which constitutes the true line of the liberty and happiness of the community.” However, as the bill took no effect, no alteration nor change was then introduced into the old constitutional rule of succeslion, and king James the Second succeeded to the throne of his ancertors by the common law of the land.
It would be useless, and, perhaps, very impolitic to attempt (although it might be now done impartially) an historical examination of the acts, by which king James the Second provoked the community to declare, that he had abdicated the crown, as they declared in England, or that he had forfeited it,
• Blackstone's Commentary, b. i. c. 2.
for the Abdioda tion.
Blackstone's Commentary, b. i. c. 3. form of lectures, as Vinerian prosesor in the university
as they declared in Scotland. Suffice it to say, that such was the sense of the majority of the community, by which the minority was certainly concluded. *“ For, in a full The majority assembly of the Lords and Commons met in convention, upon the supposition of this vacancy, both houses came to this resolution, That king James the Second, having endeavoured to subvert the constitution of the kingdom, by breaking the original contraît between king and people, and, by the advice of jesuits and other wicked perfons, kaving violated the fundamental laws; and having withdrawn himself out of this kingdom, bas abdicated the government, and that the throne is thereby vacant.” This learned commentator upon our laws continues thus : † « The facts themselves thus appealed to, the king's endeavours to subvert the constitution by breaking the original contract, his violation of the fundamental laws, and his withdrawing himself out of the kingdom, were evident and notorious; and the consequences drawn from these facts, namely, that they amounted to an abdication of the
I am happy in quoting the authority of Mr. ). Blackstone, who delivered these commentaries in the
government, which abdication did not affect
And that these consequences
obliged by every tie, religious as well as civil, to maintain it." When this learned Judge Black
itonc waves the commentator declines to consider the justice, examination of moderation, and expedience of the revolution, it is occafioned the
revolution ; clearly waving the examination of the facts, which occasioned it; and when he admits, that our ancestors had indisputably a competent jurisdiction to decide this great and important question, it is an unequivocal avowal of the aid avows the
principles uport pre-existence of those principles, upon which which it was
effected. it was effected; for if those principles had originated out of the revolution, they could not be said to have justified the revolution of 1688, although they would justify a future revolution, under all similar circumstances, which is scarcely to be presumed within the possibility of human occurences.
More than a whole century has now The jacobites, as elapsed, since this memorable event was concinded by
the acts of the brought about by the majority of the nation, majoriy. and that concludes the whole; and whatever feeble efforts have during that period of time, been attempted by the jacobite party, to counteract and fubvert the establishment made at the revolution, it can never be
pretended, that that party made more, than a very insignificant minority of the community, who consequently were concluded by the acts of the majority, and constitution