It is almost peculiar to our constitution to establish a first
magistrate with such high pre-eminence and dignity that, though limited
by the laws, he is in a manner, so far as regards his own person, above
the laws, and can neither be questioned nor punished for any injury
or wrong which may be committed by him. His ministers alone,
or those who act by his commission, are obnoxious to justice; and
while the prince is thus allured by the prospect of personal safety
to give the laws their free course, an equal security is in effect
obtained by the punishment of lesser offenders, and at the same time a
civil war is avoided, which would be the infallible consequence were
an attack at every turn made directly upon the sovereign. But though
the constitution pays this salutary compliment to the prince, it can
never reasonably be understood by that maxim to have determined its
own destruction, or to have established a tame submission where he
protects his ministers, perseveres in injustice, and usurps the whole
power of the commonwealth. This case, indeed, is never expressly put by
the laws, because it is impossible for them in their ordinary course
to provide a remedy for it, or establish any magistrate with superior
authority to chastise the exorbitancies of the prince. But as a right
without remedy would be the greatest of all absurdities, the remedy in
this case is the extraordinary one of resistance, when affairs come
to that extremity that the constitution can be defended by it alone.
Resistance, therefore, must of course become more frequent in the
British Government than in others which are simpler and consist of
fewer parts and movements. Where the king is an absolute sovereign, he
has little temptation to commit such enormous tyranny as may justly
provoke rebellion; but where he is limited, his imprudent ambition,
without any great vices, may run him into that perilous situation.
This is commonly supposed to have been the case with Charles I., and
if we may now speak truth, after animosities are laid, this was also
the case with James II. These were harmless, if not, in their private
character, good men; but mistaking the nature of our constitution, and
engrossing the whole legislative power, it became necessary to oppose
them with some vehemence, and even to deprive the latter formally of
that authority which he had used with such imprudence and indiscretion.
OF THE COALITION OF PARTIES.
Public-domain text, read in full here on John Shaqi.
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