The History of England, from the Accession of James II — Volume 3Macaulay, Thomas Babington Macaulay, Baron
History
The History of England, from the Accession of James II — Volume 3
Macaulay, Thomas Babington Macaulay, Baron
Great Britain -- History -- James II, 1685-1688; Great Britain -- History -- William and Mary, 1689-1702
It was answered that the royal writ was mere matter of form, and that to
expose the substance of our laws and liberties to serious hazard for the
sake of a form would be the most senseless superstition. Wherever the
Sovereign, the Peers spiritual and temporal, and the Representatives
freely chosen by the constituent bodies of the realm were met together,
there was the essence of a Parliament. Such a Parliament was now
in being; and what could be more absurd than to dissolve it at a
conjuncture when every hour was precious, when numerous important
subjects required immediate legislation, and when dangers, only to be
averted by the combined efforts of King, Lords, and Commons, menaced
the State? A Jacobite indeed might consistently refuse to recognise the
Convention as a Parliament. For he held that it had from the beginning
been an unlawful assembly, that all its resolutions were nullities,
and that the Sovereigns whom it had set up were usurpers. But with what
consistency could any man, who maintained that a new Parliament ought to
be immediately called by writs under the great seal of William and Mary,
question the authority which had placed William and Mary on the throne?
Those who held that William was rightful King must necessarily hold that
the body from which he derived his right was itself a rightful Great
Council of the Realm. Those who, though not holding him to be rightful
King, conceived that they might lawfully swear allegiance to him as King
in fact, might surely, on the same principle, acknowledge the Convention
as a Parliament in fact. It was plain that the Convention was the
fountainhead from which the authority of all future Parliaments must be
derived, and that on the validity of the votes of the Convention must
depend the validity of every future statute. And how could the
stream rise higher than the source? Was it not absurd to say that the
Convention was supreme in the state, and yet a nullity; a legislature
for the highest of all purposes, and yet no legislature for the
humblest purposes; competent to declare the throne vacant, to change
the succession, to fix the landmarks of the constitution, and yet not
competent to pass the most trivial Act for the repairing of a pier or
the building of a parish church?
Public-domain text, read in full here on John Shaqi.
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