Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/228

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212
The Rights
Book I.

and unexpected vacancy of the throne, the old line of ſucceſſion; which from the conqueſt had laſted above ſix hundred years, and from the union of the heptarchy in king Egbert almoſt nine hundred. 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 government; which abdication did not affect only the perſon of the king himſelf, but alſo all his heirs, and rendered the throne abſolutely and completely vacant) it belonged to our anceſtors to determine. For, whenever a queſtion ariſes between the ſociety at large and any magiſtrate veſted with powers originally delegated by that ſociety, it muſt be decided by the voice of the ſociety itſelf: there is not upon earth any other tribunal to reſort to. And that theſe conſequences were fairly deduced from theſe facts, our anceſtors have ſolemnly determined, in a full parliamentary convention repreſenting the whole ſociety. The reaſons upon which they decided may be found at large in the parliamentary proceedings of the times; and may be matter of inſtructive amuſement for us to contemplate, as a ſpeculative point of hiſtory. But care muſt be taken not to carry this enquiry farther, than merely for inſtruction or amuſement. The idea, that the conſciences of poſterity were concerned in the rectitude of their anceſtors’ deciſions, gave birth to thoſe dangerous political hereſies, which ſo long diſtracted the ſtate, but at length are all happily extinguiſhed. I therefore rather chuſe to conſider this great political meaſure, upon the ſolid footing of authority, than to reaſon in it’s favour from it’s juſtice, moderation, and expedience: becauſe that might imply a right of diſſenting or revolving from it, in caſe we ſhould think it to have been unjuſt, oppreſſive, or inexpedient. Whereas, our anceſtors having moſt indiſputably a competent juriſdiction to decide this great and important queſtion, and having in fact decided it, it is now become our duty at this diſtance of time to acquieſce in their determination; being born under that eſtabliſh-

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