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
legitimacy of the Prince of Wales could by no means be dispensed with.
Unless that could be disproved more satisfactorily than they had
reason to hope, they must come back to the inconveniences of a
regency, with the prospect of bequeathing interminable confusion to
their posterity. For, if the descendants of James should continue in
the Roman catholic religion, the nation might be placed in the
ridiculous situation of acknowledging a dynasty of exiled kings, whose
lawful prerogative would be withheld by another race of protestant
regents. It was indeed strange to apply the provisional substitution
of a regent in cases of infancy or imbecility of mind to a prince of
mature age, and full capacity for the exercise of power. Upon the
king's return to England, this delegated authority must cease of
itself; unless supported by votes of parliament as violent and
incompatible with the regular constitution as his deprivation of the
royal title, but far less secure for the subject, whom the statute of
Henry VII. would shelter in paying obedience to a king de facto; while
the fate of Sir Henry Vane was an awful proof that no other name could
give countenance to usurpation. A great part of the nation not thirty
years before had been compelled by acts of parliament[148] to declare
upon oath their abhorrence of that traitorous position, that arms
might be taken up by the king's authority against his person or those
commissioned by him, through the influence of those very tories or
loyalists who had now recourse to the identical distinction between
the king's natural and political capacity, for which the presbyterians
had incurred so many reproaches.
Public-domain text, read in full here on John Shaqi.
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