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
In this conference, however, if the whigs had every advantage on the
solid grounds of expediency, or rather political necessity, the tories
were as much superior in the mere argument, either as it regarded the
common sense of words, or the principles of our constitutional law.
Even should we admit that an hereditary king is competent to abdicate
the throne in the name of all his posterity, this could only be intended
of a voluntary and formal cession, not such a constructive abandonment
of his right by misconduct as the Commons had imagined. The word
"forfeiture" might better have answered this purpose; but it had
seemed too great a violence on principles which it was more convenient
to undermine than to assault. Nor would even forfeiture bear out by
analogy the exclusion of an heir, whose right was not liable to be set
aside at the ancestor's pleasure. It was only by recurring to a kind
of paramount, and what I may call hyper-constitutional law, a mixture
of force and regard to the national good, which is the best sanction
of what is done in revolutions, that the vote of the Commons could be
defended. They proceeded not by the stated rules of the English
government, but the general rights of mankind. They looked not so much
to Magna Charta as the original compact of society, and rejected Coke
and Hale for Hooker and Harrington.
The House of Lords, after this struggle against principles undoubtedly
very novel in the discussions of parliament, gave way to the strength
of circumstance and the steadiness of the Commons. They resolved not
to insist on their amendments to the original vote; and followed this
up by a resolution, that the Prince and Princess of Orange shall be
declared King and Queen of England, and all the dominions thereunto
belonging.[149] But the Commons with a noble patriotism delayed to
concur in this hasty settlement of the Crown, till they should have
completed the declaration of those fundamental rights and liberties
for the sake of which alone they had gone forward with this great
revolution.[150] That declaration, being at once an exposition of the
misgovernment which had compelled them to dethrone the late king, and
of the conditions upon which they elected his successors, was
incorporated in the final resolution to which both houses came on the
13th of February, extending the limitation of the Crown as far as the
state of affairs required: "That William and Mary, Prince and Princess
of Orange, be, and be declared King and Queen of England, France, and
Ireland, and the dominions thereunto belonging, to hold the crown and
dignity of the said kingdoms and dominions to them, the said prince
and princess, during their lives, and the life of the survivor of
them; and that the sole and full exercise of the regal power be only
in, and executed by, the said Prince of Orange, in the names of the
said prince and princess, during their joint lives; and after their
decease the said crown and royal dignity of the said kingdoms and
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