fays Judge Blackstone," that the consciences of pofterity were concerned in the rectitude of their ancestors decifions gave birth to thofe dangerous political herefies, which fo long distracted the ftate, but at length are all happily extinguished." This judgment was the natural refult of the affociated ideas of popery and tyranny; tyranny; and it is notorious, though The nation for fingular, that the majority of the nation at that time had been educated in the habits (as may be judged from the language of the ftatutes) of never feparating the idea of a popish prince, from that of an arbitrary, unjust, and wicked monarch.

merly in the habit of never feparating the

idea of a popith

prince from

that of a tyrant.

The bill of rights being uncontrovertibly the act of the nation, fpecifies the charges, which the nation had found against King James the Second*, which are all reducible

tq

Whereas the late king James the Second, by the affiftance of divers evil counfellors, judges, and ministers employed by him, did endeavour to fubvert and extirpate the protestant religion, and the laws and liberties of this kingdom;

ift, By affuming and exercising a power of dif penfing with and fufpending of laws, and the execution of laws, without confent of parliament.

2d, By committing and profecuting divers worthy prelates, for humbly petitioning to be excufed from concurring to the faid affumed power.

3d, By iffuing and caufing to be executed a com

miffion

the

to his attempt to establish his own upon fubverfion or extirpation of the protestant religion. And if we are to judge of the peccant part, by the application of the remedy, we clearly fee, that the only innovations or changes, that were then introduced into the conftitution and government, were directly calculated to prevent the future poffibility of that happening, against which the conftitution and laws had not then provided a fecurity.

The firft of thefe changes was the limitation of the crown to the Prince of Orange and the Princess Mary his wife, with divers

miffion under the great feal, for erecting a court, called the court of commifioners for ecclefiaftical caufes.

4th, By levying money for and to the ufe of the crown, by pretence of prerogative, for other time, and in other manner, than the fame was granted by parliament.

5th, By raifing and keeping a ftanding army within the kingdom in time of peace, without confent of parliament, and quartering foldiers contrary to law.

6th, By caufing feveral good fubjects, being proteftants, to be difarmed, at the fame time when papists were both armed and employed, contrary to law.

7th, By violating the freedom of election of members to ferve in parliament.

8th, By profecutions in the court of King's Bench, for matters and caufes cognizable only in parliament, and by divers other arbitrary and illegal courfes. Vid. Bill of Rights, 1 W & M. feff. 2. c. 2.

remainders

Change in the the crown.

limitation of

Change in the tenure of the crown.

remainders or limitations over, to the ab folute exclufion of the late King James Second and his heirs, which was the line of fucceffion fixt and fanctioned by the conftitution of this realm, ever fince it had made the crown hereditary. So determinately cautious were the nation, that the crown fhould never more devolve upon a Roman catholic, that in the largest stretch of the power, which they certainly did poffefs, they for ever excluded the old legal and conftitutional heirs to the crown, whether they fhould profefs that religion or not. Thus making this abdication or forfeiture of James more than perfonal, by extending it to the unoffending iffue of his body begotten and to be begotten.

The fecond change was the tenure of the crown of England: for the act expressly enacts, "And whereas it hath been found by experience, that it is inconfiftent with the fafety and welfare of this proteftant kingdom to be governed by a popish prince, or by any king or queen marrying a papist, the faid lords fpiritual and temporal, and commons, do further pray, that it may be enacted, that all and every perfon and perfons that is, are, or fhall be reconciled to, or fhall hold communion with the fee or

church.

church of Rome, or fhall profefs the popish religion, or fhall marry a papist, fhall be excluded, and be for ever incapable to inherit, poffefs, or enjoy the crown and government of this realm and Ireland, and the dominions thereunto belonging, or any part of the fame, or to have, use, or exercise any regal power, authority, or jurifdiction within the fame; and in all and every such case or cafes, the people of these realms fhall be, and are hereby abfolved of their allegiance; and the faid crown and government shall from time to time defcend to, and be enjoyed by fuch perfon or perfons, being proteftants, as fhould have inherited and enjoyed the fame, in cafe the faid perfon or perfons fo reconciled, holding communion, or profeffing or marrying as aforefaid, were naturally dead."

By this act we fee, that the community not only afferted, but exercised their right to alter and change the conftitution and government of this country, as they chofe; for to pretend that this alteration in the fucceffion and tenure of the crown were not absolute innovations and effential changes in the conftitution, would be to prove the futility or incompetency, not only of this bill of rights,

X

The commu their right to ftitution and

nity exercife

change the con

government.

The only alterations at the revolution were made to prevent the defcent of the

crown upon a Roman cathohc.

rights, but of every statute, that has been passed in this nation fince the revolution.

As to all the other complaints, which by that act the nation makes of former abuses or encroachments made or attempted by the crown, they do not bring home the charges particularly to king James; but affert generally, that they were made or attempted in open and direct violation of the ancient indefeasible rights and liberties of the people. And therefore the operative part of that statute, which relates to those rights and liberties, does not enact any thing new by way of grant, or even confirmation of those rights and liberties to the people, but it confifts of thefe fingular words: They do claim, demand, and infift upon all and fingular the premises as their undoubted rights and liberlies. From hence, I think, I am fully juftified in concluding, that the immediate caufe of the revolution in 1688, was the diflike, which the nation had to the religion of their fovereign; as in fact the only innovations or changes then introduced into the conftitution and government, were the immediate means adopted by the nation of preventing their future fubjection to a Roman catholic fovereign. The inherent rights and incumbent