Constitutional History of England, Henry VII to George II. Volume 3 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 3 of 3
Hallam, Henry
Constitutional history -- Great Britain
But, if these managers for the commons were explicit in their
assertion of the whig principle, the counsel for Sacheverell by no
means unfurled the opposite banner with equal courage. In this was
chiefly manifested the success of the former. His advocates had
recourse to the petty chicane of arguing that he had laid down a
general rule of obedience without mentioning its exceptions, that the
revolution was a case of necessity, and that they fully approved what
was done therein. They set up a distinction, which, though at that
time perhaps novel, has sometimes since been adopted by tory writers;
that resistance to the supreme power was indeed utterly illegal on any
pretence whatever, but that the supreme power in this kingdom was the
legislature, not the king; and that the revolution took effect by the
concurrence of the Lords and Commons.[302] This is of itself a descent
from the high ground of toryism, and would not have been held by the
sincere bigots of that creed. Though specious, however, the argument
is a sophism, and does not meet the case of the revolution. For,
though the supreme power may be said to reside in the legislature, yet
the prerogative within its due limits is just as much part of the
constitution, and the question of resistance to lawful authority
remains as before. Even if this resistance had been made by the two
houses of parliament, it was but the case of the civil war, which had
been explicitly condemned by more than one statute of Charles II. But,
as Mr. Lechmere said in reply, it was undeniable that the Lords and
Commons did not join in that resistance at the revolution as part of
the legislative and supreme power, but as part of the collective body
of the nation.[303] And Sir John Holland had before observed, "that
there was a resistance at the revolution was most plain, if taking up
arms in Yorkshire, Nottinghamshire, Cheshire, and almost all the
counties of England; if the desertion of a prince's own troops to an
invading prince, and turning their arms against their sovereign, be
resistance."[304] It might in fact have been asked whether the Dukes
of Leeds and Shrewsbury, then sitting in judgment on Sacheverell (and
who afterwards voted him not guilty) might not have been convicted of
treason, if the Prince of Orange had failed of success?[305] The
advocates indeed of the prisoner made so many concessions as amounted
to an abandonment of all the general question. They relied chiefly on
numerous passages in the homilies, and most approved writers of the
Anglican church, asserting the duty of unbounded passive obedience.
But the managers eluded these in their reply with decent respect.[306]
The Lords voted Sacheverell guilty by a majority of 67 to 59; several
voting on each side rather according to their present faction than
their own principles. They passed a slight sentence, interdicting him
only from preaching for three years. This was deemed a sort of triumph
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