election. Upon this account, they brought
into the Houfe of Commons « the famous
bill of exclufion, which raifed fuch a ferment
in the latter end of the reign of king Charles
the Second. It is well known, that the pur-
port of this bill was to have fet afide the
king's brother, and prefumptive heir, the
duke of York, from the fucceffion, on the
fcore of his being a papift; that it paffed the
house of commons, but was rejected by the
lords; the king having alfo declared before
hand, that he never would be brought to con-
fent to it." From this tranfaction we clearly
fee, that our ancestors were decidedly of opi-
nion, that the community, by the act of their
reprefentatives, had a right to alter and change
the conftitution and government, as they
fhould think proper; for the lords did not re-
ject the bill, because they wanted the power of
concurring in it, but because they thought it in-
expedient, that it fhould then pafs into a law.
Hence alfo may we learn a moft practical
lefon upon the fupereminent excellency of
our conftitution, which, though it has inveft-
ed the whole legislative body with fuch a
tranfcendency of power, that it is now pro-
verbially called omnipotent, yet has it fo judi-

* Blackstone's Commentary, b. i. c. 3.

ciously

The bill of exout of the Lords.

clufion thrown

Safety in the 'three distinc powers of the Legiflature.

ciously counterbalanced the rights, powers, and interests of each component part of that body, that it is never prefumed probable, that any act fhould pafs the three branches of the legislature, which does not appear evidently for the advantage of the community, whom they collectively reprefent. « Like three diftinct powers in mechanics, they jointly impel the machine of government in a direction, different from what either, acting by itself, would have done; but at the fame time, in a direction partaking of each, and formed out of all; a direction, which constitutes the true line of the liberty and happinefs of the community." However, as the bill took no effect, no alteration nor change was then introduced into the old conftitutional rule of fucceffion, and king James the Second fucceeded to the throne of his anceftors by the common law of the land.

It would be ufelefs, 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,

• Blackftone's Commentary, b. i. c. 2.

as

as they declared in Scotland.

Suffice it to

for the Abdication.

fay, that fuch was the fenfe of the majority of the community, by which the minority was certainly concluded. * "For, in a full The majority affembly of the Lords and Commons met in convention, upon the supposition of this vacancy, both houses came to this refolution, That king James the Second, having endeavoured to fubvert the conftitution of the kingdom, by breaking the original contract between king and people, and, by the advice of jefuits and other wicked perfons, having violated the fundamental laws; and having withdrawn himself out of this kingdom, has 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 fubvert 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 confequences drawn from thefe facts, namely, that they amounted to an abdication of the

* Blackstone's Commentary, b. i. c. 3.

+ I am happy in quoting the authority of Mr. J. Blackstone, who delivered thefe commentaries in the form of lectures, as Vinerian profeffor in the university

of Oxford.

government,

government, which abdication did not affect only the perfon of the king himself, but also all his heirs, and rendered the throne abfolutely and completely vacant, it belonged to our ancestors to determine. For, whenever a question arifes between the fociety at large, and any magistrate vefted with powers originally delegated by that fociety, it must be decided by the voice of the fociety itself; there is not upon earth any other tribunal to refort to. And that these confequences were fairly deduced from thefe facts, our ancestors have fully determined in a full parliamentary convention, reprefenting the whole fociety. I, therefore, (continues he) rather chufe to confider this great political measure, upon the folid footing of authority, than to reafon in its favor from its juftice, moderation, and experience; because that might imply a right of diffenting or revolting from it, in cafe we should think it to have been unjuft, oppreffive, or inexpedient. Whereas our ancestors having moft indifputably a competent jurifdiction to decide this great and important queftion, and having in fact decided it, it is now become our duty, at this dif tance of time, to acquiefce in their determination, being born under that establishment, which was built upon this foundation, and

obliged

obliged by every tie, religious as well as civil, to maintain it." When this learned commentator declines to confider the juftice, moderation, and expedience of the revolution, it is clearly waving the examination of the facts, which occafioned it; and when he admits, that our ancestors bad indifputably a competent jurifdiction to decide this great and important question, it is an unequivocal avowal of the pre-existence of thofe principles, upon which it was effected; for if thofe principles had originated out of the revolution, they could not be faid to have juftified the revolution of 1688, although they would juftify a future revolution, under all fimilar circumstances, which is scarcely to be prefumed within the poffibility of human occurences.

Judge Black

ftonc waves the

examination of occafioned the

the facts which

revolution;

and avows the

principles uport

which it was

effected.

now

was

concluded by

the acts of the

More than a whole century has elapfed, fince this memorable event brought about by the majority of the nation, 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 infignificant minority of the community, who confequently were concluded by the acts of the majority, and conftitutionN

ally

majority.