Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/232

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216
The Rights
Book I.

Clearly therefore theſe princes were ſucceſſively in poſſeſſion of the crown by a title different from the uſual courſe of deſcent.

It was towards the end of king William’s reign, when all hopes of any ſurviving iſſue from any of theſe princes died with the duke of Gloceſter, that the king and parliament thought it neceſſary again to exert their power of limiting and appointing the ſucceſſion, in order to prevent another vacancy of the throne; which muſt have enſued upon their deaths, as no farther proviſion was made at the revolution, than for the iſſue of king William, queen Mary, and queen Anne. The parliament had previouſly by the ſtatute of 1 W. & M. ſt. 2. c. 2. enacted, that every perſon who ſhould be reconciled to, or hold communion with, the ſee of Rome, ſhould profeſs the popiſh religion, or ſhould marry a papiſt, ſhould be excluded and for ever incapable to inherit, poſſeſs, or enjoy, the crown; and that in ſuch caſe the people ſhould be abſolved from their allegiance, and the crown ſhould deſcend to ſuch perſons, being proteſtants, as would have inherited the ſame, in caſe the perſon ſo reconciled, holding communion, profeſſing, or marrying, were naturally dead. To act therefore conſiſtently with themſelves, and at the ſame time pay as much regard to the old hereditary line as their former reſolutions would admit, they turned their eyes on the princeſs Sophia, electreſs and ducheſs dowager of Hanover, the moſt accompliſhed princeſs of her age[1]. For, upon the impending extinction of the proteſtant poſterity of Charles the firſt, the old law of regal deſcent directed them to recur to the deſcendants of James the firſt; and the princeſs Sophia, being the youngeſt daughter of Elizabeth queen of Bohemia, who was the daughter of James the firſt, was the neareſt of the antient blood royal, who was not incapacitated by proſeſſing the popiſh religion. On her therefore, and the heirs of her body, being proteſtants, the remainder of the

  1. Sandford, in his genealogical hiſtory, publiſhed A. D. 1677, ſpeaking (page 535) of the princeſſes Elizabeth, Louiſa, and Sophia, daughters of the queen of Bohemia, ſays, the firſt was reputed the moſt learned, the ſecond the greateſt artiſt, and the laſt one of the moſt accompliſhed ladies in Europe.
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