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and too ſudden oppoſition. The nation had been patient under the oppreſſions of the crown, even to long ſuffering;—for a courſe of many years; and there was no rational hope of redreſs in any other way—Reſiſtance was abſolutely neceſſary in order to preſerve the nation from ſlavery, miſery and ruin. And who ſo proper to make this reſiſtance as the lords and commons;—the whole repreſentative body of the people:—guardians of the public welfare; and each of which was, in point of legiſlation, veſted with an equal, co-ordinate power, with that of the crown? Here were two branches of the
- ↑ The Engliſh conſtitution is originally and eſſentially free. The character which J. Caeſar and Tacitus both give of the ancient Britons ſo long ago, is, That they were extremely jealous of their liberties, as well as a people of a martial ſpirit. Nor have there been wanting frequent inſtances and proofs of the ſame glorious ſpirit (in both reſpectſ) remaining in their poſterity ever ſince,—in the ſtruggles they have made for liberty, both againſt foreign and domeſtic tyrants.—Their kings hold their title to the throne ſolely by grant of parliament; i.e. in other words, by the voluntary conſent of the people. And, agreeably hereto, the prerogative and rights of the crown are ſtated, defined and limited by law; and that as truly and ſtrictly as the rights of any inferior officer in the ſtate; or indeed, of any private ſubject. And it is only in this reſpect that it can be ſaid, that “the king can do no wrong.” Being reſtrained by the law, he cannot, while he confines himſelf within thoſe juſt limits which the law preſcribes to him as the meaſure of his authority, injure and oppreſs the ſubject.—The king in his coronation oath, ſwears to exerciſe only ſuch a power as the conſtitution gives him. And the ſubject, in the oath of allegiance, ſwears only to obey him in the exerciſe of ſuch a power. The king is as much bound by his oath, not to infringe the legal rights of the people, as the people are bound to yield ſubjection to him. From whence it follows, that as ſoon as the prince ſets himſelf up above law, he loſes the king in the tyrant: he does to all intents and purpoſes, unking himſelf, by acting out of, and beyond, that ſphere which the conſtitution allows him to move in. And in ſuch caſes, he has no more right to be obeyed, than any inferior officer who acts beyond his commiſſion. The ſubjects' obligation
