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What king James fhould have done, not to have abdiented.

If we take an impartial view of the whole tranfaction, we fhall neceffarily conclude, that our ancestors were fatisfied with the general form and tenor of our conftitution and government, by their continuing and confirming the greatest part, when an opportunity offered itself of new modelling the whole; and confidering that their then actual state of anarchy, and the preceding ferment and disturbances in the nation were by the majority of them attributed to their fovereigns profeffing a different religion from their own, it is not furprising, that for the prefervation and fecurity of their own, as well as the peace and tranquility of their pofterity, they should have taken the most effectual means of preventing the occasion of any fuch difafters in future. It was in fact a duty incumbent upon them to do it, under the prepoffeffions of the majority of the community at that time.

If king James the Second, circumstanced as he was in the year 1688, had put himself at the head of his army and militia; had he convened a free parliament; had he paid attention to the advice of his bishops, and the remonftrances of feveral of his people; and had he fummoned all his liege fubjects to their allegiance; whatever rebellion might

have enfued from fome of his fubjects; and whatever might have been the fate of the arms of the prince of Orange, king James might have died in the field king of England, or been expelled by his rebellious subjects; but he never could have been faid to have abdicated, or forfeited, or abandoned his own or his peoples rights.

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CHAP. IX.

OF THE SUPREME EXECUTIVE POWER.

The executive power.

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Am now come to speak of the first branch of the legislative power of this realm, which the conftitution has made the fupreme executive power of the state, and which it has vefted in a fingle perfon, that is to fay, in that perfon, male or female, to whom the crown by the rule of hereditary fucceffion fhall defcend. * It rarely happens, that we have the fatisfaction of finding a legiflative expofition of any part of our conftitution; whenever that happens, I feel myfelf emphatically bounden to fubmit it to my readers; for by the principles already laid down and establifhed, the act of the majority of the community concludes every individual of the community; the act of the reprefentatives of the nation is the act of the nation itself; the

I have already fully fhewn the very effential alteration made in the rule of fuccefion at the revolution; the old line was difcontinued, and the condition of being protiftant was annexed to the cap. city of fucceeding. Subject to this deviation and condition, the prefent rule of defcent remains the fame, as it was originally fettled by the conflitution.

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three eftates or branches of the legiflature, which complete the parliament, make the full representation of the nation; and, therefore, it can be nothing fhort of high-treafon against the ftate, to difavow, contradict, or refift this legislative authority, expreffed in an act of parliament. A new fact in the events of kingdoms often draws forth an explicit declaration from the legislature of certain fundamental principles, rules, and rights, which before had fubfifted upon no other authority, than the univerfal unqualified admiffion and fubmiffion of the community. So upon the acceffion of queen Mary to the crown of England, in the year 1553, it was thought proper to make a full, clear, and explicit declaration of the rule and nature of the hereditary defcent of the crown of England, as established by the conftitution of the realm.

* "Forafmuch as the imperial crown of this realm, with all dignities, honours, prerogatives, authorities, jurifdictions, and preheminences thereunto annexed, united, and belonging, by the divine providence of Almighty God is moft lawfully, justly, and rightly defcended and come unto the queen's

1 Mary Seff. 3. c. i.

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highness that now is, being the very true and undoubted heir and inheritrix thereof, and invested in her moft royal person, according unto the laws of this realm; and by force and virtue of the fame, all regal power, dignity, honour, authority, prerogative, preheminence, and jurifdictions doth appertain, and of right ought to appertain and belong unto her highness, as unto the fovereign fupreme governor and queen of this realm, and of the dominions thereof, in as full, large, and ample manner as it hath done heretofore to any other her most noble progenitors, kings of this realm; nevertheless, the most ancient ftatutes of this realm, being made by kings then reigning, do not only attribute and refer all prerogative, preheminence, power, and jurifdiction royal unto the name of king, but also give, affign, and appoint the correction and punishment of all offenders against the regality and dignity of the crown, and the laws of this realm, unto the king; by occasion whereof the malicious and ignorant perfons may be hereafter induced and perfuaded unto this error and folly, to think that her highnefs could ne fhould have, enjoy, and use fuch like authority, power, preheminence, prerogative, and jurifdiction, nor do ne execute and ufe all things concerning

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