they still entertained their former notions with regard to the nature of the royal prerogative; and, bent upon the recovery of the ancient powers of the crown, he only waited for an opportunity to break those promises which had procured his restoration.

But the very eagerness of his measures frustrated their success. His dangerous alliances on the continent, and the extravagant wars in which he involved England, joined to the frequent abuse he made of his authority, betrayed his designs. The eyes of the nation were soon opened, and saw into his projects: when convinced, at length, that nothing but fixed and irresistible bounds can be an effectual check on the views and efforts of power, they resolved finally to take away those remnants of despotism which still made a part of the regal prerogative.

The military services due to the crown, the remains of the ancient feudal tenures, had been already abolished: the laws against heretics were now repealed; the statute for holding parliaments once at least in three years was enacted: the Habeas Corpus act, that barrier of the subject's personal safety, was established; and such was the patriotism of the parliaments, that it was under a king the most destitute of principle that liberty received its most efficacious supports.

At length, on the death of Charles, began a reign which affords a most exemplary lesson both to kings and people. James the Second, a prince of a more rigid disposition, though of a less comprehensive understanding than his late brother, pursued still more openly the project which had already proved so fatal to his family. He would not see that the great alterations which had successively been ef. fected in the constitution, rendered the execution of it daily more and more impracticable: he imprudently suffered himself to be exasperated at a resistance he was in no condition to overcome; and hurried away by a spirit of despotism and a monkish zeal, he ran headlong against the rock which was to wreck his authority.

He not only used in his declarations the alarming expressions of absolute power and unlimited obedience-he not only usurped to himself a right to dispense with the laws; but, moreover, sought to convert that destructive pretension to the destruction of those very laws which were

held most dear by the nation, by endeavouring to abolish a religion for which they had suffered the greatest calamities, in order to establish on its ruins a mode of faith which repeated acts of the legislature had proscribed— and proscribed, not because it tended to establish in England the doctrines of transubstantiation and purgatory, doctrines in themselves of no political moment, but because the unlimited power of the sovereign had always been made one of its principal tenets.

To endeavour, therefore, to revive such a religion, was not only a violation of the laws, but was, by one enormous violation, to pave the way for others of a still more alarming nature. Hence the English, seeing that their liberty was attacked, even in its first principles, had recourse to that remedy which reason and nature point out to the people, when he who ought to be the guardian of the laws becomes their destroyer: they withdrew the allegiance which they had sworn to James, and thought themselves absolved from their oath to a king who himself disregarded the oath he had made to his people.

But instead of a revolution like that which dethroned Charles the First, which was effected by a great effusion of blood, and threw the state into a general and terrible convulsion, the dethronement of James proved a matter of short and easy operation. In consequence of the progressive information of the people, and the certainty of the principles which now directed the nation, the whole were unanimous. All the ties by which the people were bound to the throne were broken, as it were, by one single shock; and James, who, the moment before, was a monarch surrounded by subjects, became at once a simple individual in the midst of the nation.

That which contributes, above all, to distinguish this event as singular in the annals of mankind, is the mode ration, I may even say the legality, which accompanied it. As if to dethrone a king, who sought to set himself above the laws, had been a natural consequence of and provided for by, the principles of government, every thing remained in its place; the throne was declared vacant, and a new line of succession was established.

Nor was this all: care was had to repair the breaches that had been made in the constitution, as well as to pre.

vent new ones; and advantage was taken of the rare opportunity of entering into an original and express compact between king and people.

An oath was required of the new king, more precise than had been taken by his predecessors; and it was consecrated as a perpetual formula of such oaths. It was determined, that, to impose taxes without the consent of parliament, as well as to keep up a standing army in time of peace, are contrary to law. The power, which the crown had constantly claimed, of dispensing with the laws, was abolished. It was enacted, that the subject, of whatever rank or degree, had a right to present petitions to the king. Lastly, the key-stone was put to the arch, by the final establishment of the liberty of the press.+

The Revolution of 1689 is therefore the third grand era in the history of the constitution of England. The Great Charter had marked out the limits within which the royal authority ought to be confined; some outworks were raised in the reign of Edward the First; but it was at the Revolution that the circumvallation was completed.

It was at this era that the true principles of civil society were fully established. By the expulsion of a king who had violated his oath, the doctrine of resistance, that ultimate resource of an oppressed people, was confirmed beyond a doubt. By the exclusion given to a family hereditarily despotic, it was finally determined that nations are not the property of kings. The principles of passive obedience, the divine and indefeasible right of kings-in a word, the whole scaffolding of false and superstitious notions, by which the royal authority had till then been supported, fell to the ground; and in the room of it were substituted the more solid and durable foundations of the love of order, and a sense of the necessity of civil government among mankind.

The lords and commons, previous to the coronation of king WilHam and queen Mary, had framed a bill which contained a declaration of the rights which they claimed in behalf of the people, and was in consequence called the Bill of Rights. This bill contained the articles above, as well as some others; and, having received afterward the royal assent, became an act of parliament under the title of An Act declaring the Rights and Liberties of the Subject, and settling the Saccession of the Crown.'-A. 1. William and Mary, sess. 2. cap. 2. + The liberty of the press was, properly speaking, established only four years afterward, in consequence of the refusal which the parliament made at that time to continue any longer the restrictions which had before been set upon it.

CHAP. IV.

Of the legislative power.

In almost all the states of Europe, the will of the prince holds the place of law; and custom has so confounded the matter of right with the matter of fact, that their lawyers generally represent the legislative authority as essentially attached to the character of king; and the plenitude of his power seems to them necessarily to flow from the very definition of his title.

The English, placed in more favourable circumstances, have judged differently: they could not believe that the destiny of mankind ought to depend on a play of words, and on scholastic subtilties; they have, therefore, annexed no other idea to the word king, or roy, a word known also to their laws, than that which the Latians annexed to the word rex, and the northern nations to cyning.

In limiting, therefore, the power of their king, they have acted more consistently with the etymology of the word; they have acted also more consistently with reason, in not leaving the laws to the disposal of the person who is already invested with the public power of the state, that is, of the person who lies under the greatest and most important temptations to set himself above them.

The basis of the English constitution, the capital principle on which all others depend, is, that the legislative powers belong to parliament alone; that is to say, the power of establishing laws, and of abrogating, changing, or explaining them.

The constituent parts of parliament are, the king, the house of lords, and the house of commons.

The house of commons, otherwise the assembly of the representatives of the nation, is composed of the deputies of the different counties, each of which sends two; of the deputies of certain towns, of which London (including Westminster and Southwark) sends eight-other towns, two or one; and of the deputies of the universities of Oxford and Cambridge, each of which sends two.

the

Lastly, since the act of union, Scotland sends forty-five deputies, who, added to those just mentioned, make up whole number five hundred and fifty-eight. Those deputies, though separately elected, do not solely represent the

town or county that sends them, as is the case with the deputies of the United Provinces of the Netherlands, or of the Swiss Cantons; but, when they are once admitted, they represent the whole body of the nation.

The qualifications required for being a member of the house of commons are, for representing a county, to be born a subject of Great Britain, and to be possessed of a landed estate of six hundred pounds a year; and of three hundred, for representing a town or borough.

The qualifications required for being an elector in a county are, to be possessed in that county, of a freehold of forty shillings a year. With regard to electors in towns or boroughs, they must be freemen of them; a word which now signifies certain qualifications expressed in the particular charters.

When the king has determined to assemble a parliament, he sends an order for that purpose to the lord-chancellor, who, after receiving the same, sends a writ, under the great seal of England, to the sheriff of every county, directing him to take the necessary steps for the election of members for the county, and the towns and boroughs contained in it. Three days after the reception of the writ, the sheriff must, in his turn, send his precept to the magistrates of the towns and boroughs, to order them to make their election within eight days after the receipt of the precept, giving four days' notice of the same. And the sheriff himself must proceed to the election for the county, not sooner than ten days after the receipt of the writ, nor later than sixteen.

The principal precautions, taken by the law, to ensure the freedom of elections, are, that any candidate, who, after the date of the writ, or even after the vacancy, shall have given entertainments to the electors of a place, or to any of them, in order to his being elected, shall be incapable of serving for that place in parliament; and that if any person gives, or promises to give, any money, employment, or reward, to a voter, in order to influence his vote, he, as well as the voter himself, shall be condemned

This freehold must have been possessed by the elector one whole year at least before the time of election, except it has devolved to him by inheritance, by marriage, by a last will, or by promotion to an office.