And as to the second, viz. The Law of the Land, it has
no regard to any other than the King de facto, it is he that is
only King within the Statute of Edward the Third, of Trea∣sons,
it is he only that by the Laws of England can grant
Pardons, Call and Dissolve Parliaments, and Confirm their
Acts: In a Word, It is he only that can do all Acts of Go∣vernment,
and he is the Person who can and ought to give
Protection to the Subjects, and consequently is to have Alle∣giance
from them; the King, de facto, can punish Treasons
committed against his Predecessor and his Rightful Successor
may punish Treasons done against him; and the Reason is,
Because it is the same continuation of the Regal Government,
and the Person is not regarded in Law any▪ longer than it is
cloathed with the Politick Capacity.
For the Relation that is between King and Subject, Prote∣ction
and Allegiance, is reciprocal, and the Obligation is mu∣tual,
as it is betwixt Husband and Wife; and therefore
whensoever a King totally ceaseth the Exercise of his Roy∣al
Office, he is dead in his Politick Capacity, with which
the Relation is, and the Subject is at Liberty, ad alia vota
convolanda, to the Successor; and whether this happens by
Force or Consent, is no more to the purpose, than it is whe∣ther
a Man's first Wife was murdered or dyed of a Fever.
So that it is Plain, That Possession of the Throne, by the con∣sent
of the two Houses of Parliament, does give a Right, in refe∣rence
to the Subject, and therefore the Words, King de jure, are
but terms of Art, as Ens Rationis, among the Logicians, to
signifie an Imaginary Notion they had no other name for;
and if this were not so, there could be no Peace upon Earth,
since there is not a Crown in Europe to which there are not
several plausible Pretenders, whose Claims have many warm
and furious Abettors; and perhaps it would be very difficult
for any man to define what Prescription is sufficient to give
more Title to a Throne than is gained by the quiet Possession
thereof.
The Case of Henry the Seventh hath been already menti∣oned,
wherein the Judges resolved, That the Possession of
the Crown, and of the Regal Government, cleared him of
all Incapacities, Defects and Attainders whatsoever.
It is necessary to add, That the Preservation of the Commu∣nity
is the End and Design of all Laws; and that the greatest
Solecism that can be in the OEconomy of a Kingdom, is to
suspend the Government, though but for a Moment: And in
Truth, the whole Society would perish by a very short Inter∣val,
wherein every Man might do what seems good in his own
Eyes: It is for this Reason there is no interregnum in Eng∣land.
And therefore there always is a King, to whom the