The rights of the British colonies asserted and proved. By James Otis, Esq; ; [Four lines in Latin from Virgil]

Introduction. Of the Origin of Government.

THE origin of government has in all ages no less perplexed the heads of lawyers and politicians, than the origin of evil has embarrassed divines and philosophers: And 'tis probable the world may receive a satisfactory solution on both those points of en|quiry at the same time.

The various opinions on the origin of government have been reduced to four. 1. That dominion is founded in Grace. 2. On force or meer power. 3. On compact. 4. On property.

The first of these opinions is so absurd, and the world has paid so very dear for embracing it, especially under the administration of the roman pontiffs, that mankind seem at this day to be in a great measure cured of their madness in this particular; and the notion is pretty gene|rally exploded, and hiss'd off the stage.

To those who lay the foundation of government in force and meer brutal power, it is objected; that, their system destroys all distinction between right and wrong; that it overturns all morality, and leaves it to every man to do what is right in his own eyes; that it leads directly to scepticism, and ends in atheism. When a man's will and pleasure is his only rule and guide, what safety can there be either for him or against him, but in the point of a sword?

On the other hand the gentlemen in favor of the original compact have been often told that their system is chimerical and unsupported by reason or experience. Questions like the following have been frequently asked them, and may be again.

"When and where was the original compact for intro|ducing government into any society, or for creating a society, made? Who were present and parties to such compact? Who acted for infants and women, or who ap|pointed guardians for them? Had these guardians power to bind both infants and women during life, and their posterity after them? Is it in nature or reason that a guardian should by his own act perpetuate his power over his ward, and bind him, and his posterity in chains? Is not every man born as free by nature as his father? Has he not the same natural right to think and act and contract for himself? Is it possible for a man to have a natural right to make a slave of himself or of his posterity? Can a father supersede the laws of nature? What man is or ever was born free, if every man is not? What will there be to distinguish the next gene|ration of men from their forefathers, that they should not have the same right to make original compacts as their an|cestors had? If every man has such right, may there not be as many original compacts as there are men and women born or to be born? Are not women born as free as men? Would it not be infamous to assert that the ladies are all slaves by nature? If every man and woman born or to be born has, and will have, a right to be consulted, and must accede to the original compact before they can with any kind of justice be said to be bound by it, will not the compact be ever forming and never finished, ever making, but never done? Can it with propriety be called a compact original or derivative, that is ever in treaty but never concluded?"

When it has been said that each man is bound as soon as he accedes, and that the consent may be either express or tacit, it has been asked, "What is a tacit consent or compact? Does it not appear plain that those who refuse their assent can not be bound? If one is at liberty to

accede or not, is he not also at liberty to recede on the discovery of some intolerable fraud and abuse that has been palm'd upon him by the rest of the high contracting parties? Will not natural equity in several special cases rescind the original compacts of great men as effectualy as those of little men are rendered null and void in the ordinary course of a court of chancery?"

There are other questions which have been started, and a resolution of them demanded, which may perhaps be deemed indecent by those who hold the prerogatives of an earthly monarch, and even the power of a plantation go|vernment, so sacred as to think it little less than blasphe|my to enquire into their origin and foundation: while the government of the supreme ruler of the universe is every day discussed with less ceremony and decency than the administration of a petty German prince. I hope the reader will consider that I am at present only mentioning such questions as have been put by high-flyers & others in church and state, who would exclude all compact between a Sove|reign and his people, without offering my own sentiments upon them; this however I presume I may be allowed hereafter to do without offence. Those who want a full answer to them may consult Mr. Locke's discourses on government, M. De Vattel's law of nature and nations, and their own consciences.

"What state were Great-Britain, Ireland and the Plan|tations left in by the abdication of James II? Was it a state of nature or of civil government? If a state of civil government, where were the supreme legislative and executive powers from the abdication to the election of William and Mary? Could the Lords and Commons be called a complete parliament or supreme power without a King to head them? Did any law of the land or any original compact previous to the abdication provide, that on such an event, the supreme power should devolve on the two houses? Were not both houses so manifestly 〈◊〉〈◊〉 with the novelty and strangeness of the event, and so far from finding any act of parliament, book-case, or prece|dent to help them, that they disputed in solemn confer|rence by what name to call the action, and at last give it

one, as new in our language and in that of parliament as the thing itself was in fact?"† 1.1

If on this memorable and very happy event the three kingdoms and the dominions fell back into a state of na|ture, it will be asked, "Whether every man and woman were not then equal? If so, has not every one of them a natural and equitable right to be consulted in the choice of a new king, or in the formation of a new original com|pact or government, if any new form had been made? Might not the nation at that time have rightfully changed the monarchy into a republic or any form, that might seem best? Could any change from a state of nature take place without universal consent, or at least without the consent of the majority of the individuals? Upon the principles of the original compact as commonly explained and understood, could a few hundred men who before the dissolution of the government had been called, and in fact were, lords, knights and gentlemen, have lawfully made that glorious deliverer and defender W. 3. rightful king"? Such an one he certainly was, and such have been all his illustrious successors to the present happy times; when we have the joy to see the sceptre sway'd in justice, wisdom and mercy, by our lawful Sovereign George the Third; a prince who glories in being a Briton born, and whom may God long preserve and prosper.

"If upon the abdication all were reduced to a state of nature, had not apple women and orange girls as good a right to give their respectable suffrages for a new king as the philosopher, courtier, petit maitre and politician? Were these and ten millions of others such ever more con|sulted on that occasion, than the multitude now are in the adjustment of that real modern farce, an election of a king of the Romans; which serves as a contrast to the grandeur of the antient republics, and shows the littleness of the

modern German and some other gothic constitutions in their present degenerate state?

"In the election of W. 3. were the votes of Ireland and the plantations ever called for or once tho't of till the affair was settled? Did the lords and commons who hap|pened to be then in and about Westminster represent, and act, for the individuals, not only of the three kingdoms, but for all the freeborn and as yet unconquered possessors and proprietors of their own money-purchased, blood-purchased plantations, which, till lately, have been de|fended with little or no assistance from Great-Britain? Were not those who did not vote in or for the new model at liberty upon the principles of the compact to remain in what some call the delectable state of nature, to which by the hypothesis they were reduced, or to join themselves to any other state, whose solemn league and covenant they could subscribe? Is it not a first principle of the original compact, that all who are bound should bind themselves? Will not common sense without much learning or study dictate obvious answers to all the above questions?—and, say the opposers of the original compact and of the natural equality and liberty of mankind, will not those answers infallibly show that the doctrine is a piece of me|taphysical jargon and systematical nonsense"? Perhaps not.

With regard to the fourth opinion, that dominion is founded in property, what is it but playing with words? Dominion in one sense of the term is synonimous with property, so one cannot be called the foundation of the other, but as one name may appear to be the foundation or cause of another.

Property cannot be the foundation of dominion as sy|nonimous with government; for on the supposition that property has a precarious existence antecedent to govern|ment, and tho' it is also admitted that the security of property is one end of government, but that of little estimation even in the view of a miser when life and liberty of locomotion and further accumulation are placed in competition, it must be a very absurd way of speaking to assert that one end of government is the foundation of government. If the ends of government are to be consi|dered as its foundation, it cannot with truth or propriety be

said that government is founded on any one of those ends; and therefore government is not founded on property or its security alone, but at least on something else in con|junction. It is however true in fact and experience, as the great, the incomparable Harrington has most abundantly demonstrated in his Oceana, and other divine writings, that Empire follows the balance of property: 'Tis also cer|tain that property in fact generally confers power, tho' the possessor of it may not have much more wit than a mole or a musquash: And this is too often the cause, that riches are sought after, without the least concern about the right application of them. But is the fault in the riches, or the general law of nature, or the unworthy possessor? It will never follow from all this, that government is rightfully founded on property, alone. What shall we say then? Is not government founded on grace? No. Nor on force? No. Nor on compact? Nor property? Not altogether on either. Has it any solid foundation? any chief corner stone, but what accident, chance or confusion may lay one moment and destroy the next? I think it has an everlasting foun|dation in the unchangeable will of GOD, the author of nature, whose laws never vary. The same omniscient, omnipotent, infinitely good and gracious Creator of the universe, who has been pleased to make it necessary that what we call matter should gravitate, for the celestial bodies to roll round their axes, dance their orbits and perform their various revolutions in that beautiful order and concert, which we all admire, has made it equally necessary that from Adam and Eve to these degenerate, days, the differ|ent sexes should sweetly attract each other, form societies of single families, of which larger bodies and communities are as naturally, mechanically, and necessarily combined, as the dew of Heaven and the soft distilling rain is col|lected by the all enliv'ning heat of the sun. Government is therefore most evidently founded on the necessities of our nature. It is by no means an arbitrary thing, depending merely on compact or human will for its exi|stence.

We come into the world forlorn and helpless; and if left alone and to ourselves at any one period of our lives, we should soon die in want despair or destraction. So kind is that

hand, tho' little known or regarded, which feeds the rich and the poor, the blind and the naked; and provides for the safety of infants by the principle of parental love, and for that of men by Government! We have a King, who neither slumbers nor sleeps, but eternally watches for our good; whose rain falls on the just and on the unjust: yet while they live, move, and have their being in him, and cannot account for either, or for any thing else, so stupid and wicked are some men, as to deny his existence, blaspheme his most evident government, and disgrace their nature.

Let no Man think I am about to commence advocate for despotism, because I affirm that government is founded on the necessity of our natures; and that an original su|preme Sovereign, absolute, and uncontroulable, earthly power must exist in and preside over every society; from whose final decisions there can be no appeal but directly to Heaven. It is therefore originally and ultimately in the people. I say this supreme absolute power is origi|nally and ultimately in the people; and they never did in fact freely, nor can they rightfully make an absolute, un|limited renunciation of this divine right.† 1.2 It is ever in the nature of the thing given in trust, and on a condition, the performance of which no mortal can dispence with; namely, that the person or persons on whom the sovereignty is con|fer'd by the people, shall incessantly consult their good. Tyranny of all kinds is to be abhor'd, whether it be in the hands of one, or of the few, or of the many.—And tho' "in the last age a generation of men sprung up that would flatter Princes with an opinion that they have a divine right to absolute power"; yet "slavery is so vile and miserable an estate of man, and so directly opposite to the generous temper and courage of our nation, that 'tis hard to be con|ceived that an englishman, much less a gentleman, should plead for it:* 1.3 Especially at a time when the finest

writers of the most polite nations on the continent of Europe, are enraptured with the beauties of the civil con|stitution of Great-Britain; and envy her, no less for the freedom of her sons, than for her immense wealth and military glory.

But let the origin of government be placed where it may, the end of it is manifestly the good of the whole. Salus populi suprema lex esto, is of the law of nature, and part of that grand charter given the human race, (tho' too many of them are afraid to assert it,) by the only monarch in the universe, who has a clear and indisputable right to absolute power; because he is the only ONE who is omniscient as well as omnipotent.

It is evidently contrary to the first principles of reason, that supreme unlimited power should be in the hands of one man. It is the greatest "idolatry, begotten by flattery, on the body of pride," that could induce one to think that a single mortal should be able to hold so great a power, if ever so well inclined. Hence the origin of deifying princes: It was from the trick of gulling the vulgar into a belief that their tyrants were omniscient; and that it was therefore right, that they should be considered as om|nipotent. Hence the Dii majorum et minorum gentium; the great, the monarchical, the little, Provincial subordi|nate and subaltern gods, demi-gods, and semidemi-gods, ancient and modern. Thus deities of all kinds were mul|tiplied and increased in abundance; for every devil incarnate, who could enslave a people, acquired a title to divinity; and thus the "rabble of the skies" was made up of locusts and catterpillars; lions, tygers and harpies; and other de|vourers translated from plaguing the earth!* 1.4

The end of government being the good of mankind, points out its great duties: It is above all things to provide for the security, the quiet, and happy enjoyment of life, liberty, and property. There is no one act which a go|vernment can have a right to make, that does not tend to the advancement of the security, tranquility and prosperity of the people. If life, liberty and property could be en|joyed

in as great perfection in solitude, as in society, there would be no need of government. But the experience of ages has proved that such is the nature of man, a weak, imperfect being; that the valuable ends of life cannot be obtained, without the union and assistance of many. Hence 'tis clear that men cannot live apart or independent of each other: In solitude men would perish; and yet they cannot live together without contests. These contests require some arbitrator to determine them. The necessity of a common, indifferent and impartial judge, makes all men seek one; tho' few find him in the sovereign power, of their respective states or any where else in subordination to it.

Government is founded immediately on the ne|cessities of human nature, and ultimately on the will of God, the author of nature; who has not left it to men in general to choose, whether they will be members of society or not, but at the hazard of their senses if not of their lives. Yet it is left to every man as he comes of age to chuse what society he will continue to belong to. Nay if one has a mind to turn Hermit, and after he has been born, nursed, and brought up in the arms of society, and acquired the ha|bits and passions of social life, is willing to run the risque of starving alone, which is generally most unavoidable in a state of hermitage, who shall hinder him? I know of no human law, founded on the law of nature, to restrain him from separating himself from all the species, if he can find it in his heart to leave them; unless it should be said, it is against the great law of self-preservation: But of this every man will think himself his own judge.

The few Hermits and Misanthropes that have ever ex|isted, show that those states are unnatural. If we were to take out from them, those who have made great worldly gain of their godly hermitage, and those who have been under the madness of enthusiam, or disappointed hopes in their ambitious projects, for the detriment of mankind: perhaps there might not be left ten from Adam to this day.

The form of government is by nature and by right so far left to the individuals of each society, that they may alter it from a simple democracy, or government of all over all, to any other form they please. Such alteration may

and ought to be made by express compact: But how sel|dom this right has been asserted, history will abundantly show. For once that it has been fairly settled by compact; fraud, force or accident have determined it an hundred times. As the people have gained upon tyrants, these have been obliged to relax, only till a fairer opportunity has put it in their power to encroach again.

But if every prince since Nimrod had been a tyrant, it would not prove a right to tyranize. There can be no prescription old enough to supersede the law of nature, and the grant of GOD almighty; who has given to all men a natural right to be free, and they have it ordinarily in their power to make themselves so, if they please.

Government having been proved to be necessary by the law of nature, it makes no difference in the thing to call it from a certain period, civil. This term can only relate to form, to additions to, or deviations from, the substance of government: This being founded in nature, the superstruc|tures and the whole administration should be conformed to the law of universal reason. A supreme legislative and a supreme executive power, must be placed somewhere in every common-wealth: Where there is no other positive provision or compact to the contrary, those powers remain in the whole body of the people. It is also evident there can be but one best way of depositing those powers; but what that way is, mankind have been disputing in peace and in war more than five thousand years. If we could suppose the indi|viduals of a community met to deliberate, whether it were best to keep those powers in their own hands, or dispose of them in trust, the following questions would occur—Whe|ther those two great powers of Legislation and Execution should remain united? If so, whether in the hands of the many, or jointly or severally in the hands of a few, or jointly in some one individual? If both those powers are retained in the hands of the many, where nature seems to have placed them originally, the government is a simple democracy, or a government of all over all. This can be administred, only by establishing it as a first principle, that the votes of the majority shall be taken as the voice of the whole. If those powers are lodged in the hands of a few,

the government is an Aristocracy or Oligarchy.* 1.5 Here too the first principles of a practicable administration is that the majority rules the whole. If those great powers are both lodged in the hands of one man, the government is a simple Monarchy, commonly, though falsly called absolute, if by that term is meant a right to do as one pleases.—Sic volo, sic jubeo, stet pro ratione voluntas, belongs not of right to any mortal man.

The same law of nature and of reason is equally obliga|tory on a democracy, an aristrocracy, and a monarchy: Whenever the administrators, in any of those forms, deviate from truth, justice and equity, they verge towards tyranny, and are to be opposed; and if they prove incorrigible, they will be deposed by the people, if the people are not rendered too abject. Deposing the administrators of a simple democracy may found oddly, but it is done every day, and in almost every vote. A. B. & C. for example, make a democracy. To day A & B are for so vile a measure as a standing army. To morrow B & C vote it out. This is as really deposing the former administrators, as setting up and making a new king is deposing the old one. Democracy in the one case, and monarchy in the other, still remain; all that is done is to change the administration.

The first principle and great end of government being to provide for the best good of all the people, this can be done only by a supreme legislative and executive ultimately in the people, or whole community, where GOD has placed it; but the inconveniencies, not to say impossibility, at|tending the consultations and operations of a large body of people, have made it necessary to transfer the power of the whole to a few: This necessity gave rise to deputation, proxy or a right of representation.

A Power of legislation, without a power of execution in the same or other hands, would be futile and vain: On the other hand, a power of execution, supreme or subordinate, without an independent legislature, would be perfect despo|tism.

The difficulties attending an universal congress, especially when society became large, have bro't men to consent to a delegation of the power of all: The weak and the wicked have too often been found in the same interest, and in most nations have not only bro't these powers jointly, into the hands of one, or some few, of their number; but made them hereditary, in the families of despotic nobles & princes.

The wiser and more virtuous states, have always provid|ed that the representation of the people should be numerous. Nothing but life and liberty are naturally hereditable: this has never been considered by those, who have tamely given up both into the hands of a tyrannical Oligarchy or despotic Monarchy.

The analogy between the natural, or material, as it is called, and the moral world is very obvious; GOD himself appears to us at some times to cause the intervention or combination of a number of simple principles, tho' never when one will answer the end; gravitation and at|traction have place in the revolution of the planets, because the one would fix them to a centre, and the other would carry them off indefinitely; so in the moral world, the first simple principle is equality and the power of the whole. This will answer in small numbers; so will a to|lerably virtuous Oligarchy or a Monarchy. But when the society grows in bulk, none of them will answer well singly, and none worse than absolute monarchy. It becomes ne|cessary therefore as numbers increase, to have those several powers properly combined; so as from the whole to pro|duce that harmony of government so often talked of and wished for, but too seldom found in ancient or modern states. The grand political problem in all ages has been to invent the best combination or distribution of the su|preme powers of legislation and execution. Those states have ever made the greatest figure, and have been most durable, in which those powers have not only been sepa|rated from each other, but placed each in more hands than one, or a few. The Romans are the most shining example; but they never had a balance between the senate and the people, and the want of this, is generally agreed by the few who know any thing of the matter, to have been the cause of their fall. The British constitution in theory and

in the present administration of it, in general comes nearest the idea of perfection, of any that has been reduced to prac|tice; and if the principles of it are adhered to, it will ac|cording to the infallible prediction of Harrington, always keep the Britons uppermost in Europe, 'till their only rival nation shall either embrace that perfect model of a common wealth given us by that author, or come as near it as Great Britain is. Then indeed and not till then, will that rival & our nation either be eternal confederates, or contend in grea|ter earnest than they have ever yet done, till one of them shall sink under the power of the other, and rise no more.

Great Britain has at present, most evidently the advan|tage, and such opportunities of honest wealth and grandeur, as perhaps no state ever had before, at least not unce the days of Julius Caesar, the destroyer of the roman glory and grandeur; at a time when but for him and his adherents both might have been rendered immortal.

We have said that the form and mode of government is to be settled by compact, as it was rightfully done by the convention after the abdication of James II, and assented to by the first representative of the nation chosen afterwards, and by every parliament, and by almost every man ever since, but the bigots, to the indefeasible power of tyrants civil and ecclesiastic. There was neither time for, nor occasion to call the whole people together: If they had not liked the proceedings it was in their power to controul them; as it would be should the supreme legislative or executive powers ever again attempt to enslave them. The people will bear a great deal, before they will even murmur against their rulers: But when once they are thoroughly roused, and in earnest, against those who would be glad to enslave them, their power is irrestible.* 1.6

At the abdication of King James, every step was taken that natural justice and equity could require; and all was done that was possible, at least in the wretched state in which he left the nation. Those very noble and worthy patriots, the lords spiritual and temporal of that day, and the prin|cipal persons of the commons, advised the prince, who in consequence thereof caused letters to be "written to the lords spiritual and temporal, being protestants, and other

letters to the several counties, cities, universities, boroughs and cinque ports, for the choosing such persons to repre|sent them as were of right to be sent to parliament, to meet at Westminster upon the 22d of January 1688, in order to such an establishment, as that their religion, laws and liberties might not again be in danger of being sub|versed." See W & M. sess, 1. C. 1.

Upon this elections were made, and thereupon the said lords spiritual and temporal and commons met, and pro|ceeded to assert their rights and liberties, and to the election of the Prince and Princess of Orange to be King and Queen of England, France and Ireland, and the dominions thereto belonging. The kingdom of Scot|land agreed in the same choice: These proceedings were drawn into the form of acts of parliament, and are the basis of the acts of union and succession since made, and which all together are the sure foundation of that indis|putable right which his present Majesty has to the Crown of Great-Britain and the dominions thereto belonging; which right 'tis the greatest folly to doubt of, as well as the blackest treason to deny. The present establishment founded on the law of GOD, and of nature, was began by the convention, with a professed and real view, in all parts of the British empire, to put the liberties of the people out of the reach of arbitrary power in all times to come.

But the grandeur, as well as justice, equity and goodness of the proceedings of the nation on that memorable occa|sion, never have been nor can be so well represented as in the words of those great men who composed the con|vention; for which reason partly, but principally because they shew the rights of all British subjects, both at home and abroad, and should therefore be in as many hands as possible, I have transcribed the following clauses.

1 Wm. & M. Sess. 1. Chap. I preamble & sec 1—entitu|led—

"An act for removing and preventing all questions and disputes concerning the assembling and sitting of this pre|sent parliament.

For preventing all doubts and scruples which may in any wise arise concerning the meeting, sitting and proceed|ing of this present parliament; be it declared and enacted

by the King's and Queen's most excellent Majesty's, by and with the advice and consent of the lords spiritual and temporal, and commons, now assembled, and by authority of the same:

IIdly. That the lords spiritual and temporal, and com|mons, convened at Westminster, the two and twentieth day of January A.D. 1688, and there sitting the 13th of February following, are the two houses of parliament, and so shall be and are hereby declared, enacted and adjudged to be, to all intents, constructions, and purposes whatso|ever, notwithstanding any want of writ or writs of sum|mons, or any other defect of form or default whatsoever, as if they had been summoned according to the usual form.

1 of W. & M. Sess. 2. Chap. 2. Sec. 3, 4, 5, 6, 11, 12.

An act declaring the rights and liberties of the subject, and settling the succession of the Crown.

Whereas the lords spiritual and temporal, and commons, assembled at Westminster, lawfully, fully and freely re|presenting all the estates of the people of this realm, did upon the 13th of February A.D. 1688, present unto their Majesties, then called and known by the names and stile of William and Mary, Prince and Princess of Orange, being present in their proper persons, a certain declaration in writing, made by the said lords and commons in the words following; viz.

Whereas the late King James the second, by the assis|tance of divers evil counsellors, judges, and ministers em|ployed by him, did endeavour to subvert and extirpate the protestant religion, and the laws and liberties of this kingdom.

1. By assuming and exercising a power of dispensing with and suspending of laws, and the execution of laws, without consent of parliament.

2. By committing and prosecuting divers worthy pre|lates, for humbly petitioning to be excused from concur|ing to the said assumed power.

3. By issuing and causing to be executed a commission under the great seal for erecting a court called, The court of commissioners for ecclesiastical causes.

4. By levying money for and to the use of the crown, by pretence of prerogative, for other time, and in other

manner, than the same was granted by parliament.

5. By raising and keeping a standing army within this kingdom in time of peace, without consent of parliament, and quartering soldiers contrary to law.

6. By causing several good subjects, being protestants, to be disarmed, at the same time when papists were both armed and employed, contrary to law.

7. By violating the freedom of election of members to serve in parliament.

8. By prosecutions in the court of king's bench, for matters and causes cognizable only in parliament; and by divers other arbitrary and illegal courses.

9. And whereas of late years, partial, corrupt and un|qualified persons, have been returned and served on juries in trials, and particularly divers jurors in trials for high treason, which were not freeholders.

10. And excessive bail hath been required of persons committed in criminal cases, to elude the benefit of the laws made for the liberty of the subjects.

11. And excessive fines have been imposed; and ille|gal and cruel punishments inflicted.

12. And several grants and promises made of fines and forfeitures, before any conviction or judgment against the persons, upon whom the same were to be levied.

All which are utterly and directly contrary to the known laws and statutes, and freedom of this realm—

And whereas the said late King James the second having abdicated the Government, and the throne being thereby vacant, his highness the prince of Orange (whom it hath pleased Almighty GOD to make the glorious instrument of delivering this kingdom from popery and arbitrary power) did (by the advice of the Lords spiritual and temporal, and divers principal persons of the commons) cause letters to be written to the lords spiritual and temporal, being protestants, and other letters to the several counties, cities, universities, boroughs, and cinque-ports, for the choosing of such per|sons to represent them, as were of right to be sent to par|liament, to meet and sit at Westminster upon the two and twentieth of January in this year 1688, in order to such an establishment, as that their religion, laws and liberties might not again be in danger of being subverted. Upon which letters, elections having been accordingly made:

And thereupon the said lords spiritual and temporal and commons, pursuant to their respective letters and elections, being now assembled in a full and free representative of this nation, taking into their most serious consideration the best means for attaining the ends aforesaid; do in the first place (as their ancestors in like case have usually done) for the vindicating and asserting their ancient rights and liberties, declare,

1. That the pretended power of suspending of laws, or the execution of laws, by regal authority, without consent of parliament, is illegal.

2. That the pretended power of dispensing with laws, or the execution of laws, by regal authority, as it hath been assumed and exercised of late, is illegal.

3. That the commission for creating the late court of commissioners for ecclesiastical causes, and all other com|missions and courts of like nature, are illegal and pernicious.

4. That levying money for or to the use of the crown, by pretence of prerogative, without grant of parliament, for longer time, or in other manner, than the same is or shall be granted, is illegal.

5. That it is the right of the subjects to petition the King; and all commitments and prosecutions for such petitioning are illegal.

6. That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of parliament, is against law.

7. That the subjects which are protestants, may have arms for their defence, suitable to their conditions, and as allowed by law.

8. That election of members of parliament ought to be free.

9. That the freedom of speech, and debates, or proceed|ings in parliament, ought not to be impeached or questioned in any court or place out of parliament.

10. That excessive bail ought not to be required, nor excessive fines imposed; nor cruel and unusual punishments inflicted.

11. That jurors ought to be duly impannelled and re|turned; and jurors which pass upon mens trials for high treason, ought to be freeholders.

12. That all grants and promises of fines and forfei|tures of particular persons before conviction, are illegal and void.

13. And that for redress of all grievances, and for the amending, strengthening, and preserving of the laws, par|liaments ought to be held frequently.

And they do claim, demand, and insist upon all and sin|gular the premises, as their undoubted rights and liberties; and that no, declarations, judgments, doings, or proceedings, to the prejudice of the people in any of the said premises, ought in any wise to be drawn hereafter into consequence or example:

To which demand of their rights they are particularly encouraged by the declaration of his Highness the Prince of Orange, as being the only means for obtaining a full re|dress and remedy therein—

Having therefore an entire confidence, that his said High|ness the Prince of Orange, will perfect the deliverance so far advanced by him, and will still preserve them from the violation of their rights, which they have here asserted, and from all other attempts upon their religion, rights and li|berties.

II. The said Lords spiritual and temporal, and commons assembled at Westminster, do resolve that William & Mary Prince and Princess of Orange be, and be declared, King and Queen of England, France and Ireland, and the do|minions thereunto belonging, to hold the crown and royal 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 prin|cess, during their joint lives; and after their deceases, the said crown and royal dignity of the said kingdoms and do|minions to be to the heirs of the body of the said princess; and for default of such issue, to the princess Anne of Den|mark, and the heirs of her body; and for default of such issue, to the heirs of the body of the said prince of Orange. And the Lords spiritual and temporal, and commons, do pray the said prince and princess to accept the same accord|ingly.

IV. Upon which their said Majesties did accept the crown and royal dignity of the kingdom of England, France and Ireland, and the dominions thereunto belonging, according to the resolutions and desire of the said lords and commons, contained in the said declaration.

V. And thereupon their Majesties were pleased, that the said Lords spiritual and temporal, and commons, being the two houses of parliament, should continue to sit, and with their Majesties royal concurrence, make effectual provision for the settlement of the religion, laws and liberties of this kingdom; so that the same for the future might not be in danger again of being subverted; to which the said lords spiritual and temporal, and commons, did agree and proceed to act accordingly.

VI. Now in pursuance of the premises, the said lords spiritual and temporal and commons, in parliament assem|bled, for the ratifying, confirming and establishing the said declaration, and the articles, clauses, matters and things therein contained, by the force of a law made in due form by authority of parliament, do pray that it may be declared and enacted. That all and singular the rights and liberties asserted and claimed in the said declaration, are the true, ancient and indubitable rights and liberties of the people of this kingdom, and so shall be esteemed, allowed, adjudged, deemed, and taken to be; and that all and every the par|ticulars aforesaid, shall be firmly and strictly holden and observed, as they are expressed in the said declaration; and all officers and ministers whatsoever shall serve their Ma|jesties and their successors according to the same in all times to come.

XI. All which their Majesties are contented and pleased shall be declared, enacted, and established by authority of this present parliament, and shall stand remain and be the law of this realm for ever; and the same are by their said Majesties, by and with the advice and consent of the Lords spiritual and temporal, and commons, in parliament assem|bled, and by the authority of the same, declared, enacted, and established accordingly.

XII. And be it further declared and enacted by the authority aforesaid, that from and after this present session of parliament, no dispensation by non obstant•• of or to

any statute or any part thereof, shall be allowed; but that the same shall be held void and of no effect, except a dispensation be allowed in such statutes, and except in such cases as shall be specially provided for by one or more bill or bills to be passed during this present session of parliament.

12 & 13 of William 3d, Chap. 2. sec. 3 & 4.

"Whereas it is necessary that further provision be made for securing our religion, laws and liberties, after the death of his Majesty and the Princess Anne of Denmark, and in default of issue of the body of the said Princess, and of his Majesty respectively; it is enacted,

That after the said limitation shall take effect, judges commissions be made quamdiu se bene gefferint, and their salaries ascertained and established; but upon the address of both houses parliament, it may be lawful to remove them;

That no pardon under the great seal of England be pleaded to an impeachment by the commons in parliament.

Whereas the laws of England are the birth-right of the people thereof, and all the Kings and Queens, who shall ascend the throne of this realm, ought to administer the government of the same according to the said laws, and all their officers and ministers ought to serve them accord|ing to the same; all the laws and statutes of this realm for securing the established religion, and the rights and liberties of the people, and all other laws and statutes now in force, are by his Majesty with the advice and consent of the lords spiritual and temporal, and commons, ratified and confirmed."

I shall close this introduction with a passage from Mr. Locke.

"Tho', says he, in a constituted common wealth, standing upon its own basis, and acting according to its own nature, that is, acting for the preservation of the commu|nity, there can be but one supreme power which is the legislative, to which all the rest are and must be subordi|nate; yet the legislative being only a fiduciary power, to act for certain ends, there remains still, "in the people, a supreme power to remove, or alter, the legislative when they find the legislative act contrary to the trust reposed in them." For all power given, with trust for the attaining an

end, being limited by that end, whenever that end is ma|nifestly neglected, or opposed, the trust must necessarily be forfeited, and the power devolve into the hands of those who gave it, who may place it anew where they shall think best, for their safety and security. And thus the community perpetually retains a supreme power of saving themselves from the attempts and designs of any body, even of their legislators whenever they shall be so foolish, or so wicked, as to lay and carry on designs, against the liberties and properties of the subject. For no man or society of men having a power to deliver up their pre|servation or consequently the means of it to the absolute will and arbitrary dominion of another; whenever any one shall go about to bring them into such a slavish condition, they will always have a right to preserve what they have not a power to part with; and to rid themselves of those who invade this fundamental, sacred and unalterable law of self preservation, for which they entered into society.

And thus the community may be said in this respect to be always the supreme power, but not as considered under any form of government, because this power of the people can never take place, till the government be dissolved." Locke on Government, B. 11. C. 13.

This he says may be done, "from without by con|quest; from within, 1st. When the legislative is altered. Which is often by the prince, but sometimes by the whole legislative. As by invading the property of the subject, and making themselves arbitrary disposers of the lives, liberties and fortunes of the people; reducing them to slavery under arbitrary power, they put themselves into a state of war with the people, who are thereupon absolved from any further obedience, and are left to the common refuge which GOD hath provided for all men, against force and violence. Whensoever therefore, the legislative shall transgress this fundamental rule of society; and either by ambition, fear, folly or corruption, endeavour to gain them|selves, or put into the hands of any other an absolute power over the lives, liberties and estates of the people, by this breach of trust, they forfeit the power the people had put into their hands for quite contrary ends, and it devolves to the people, who have a right to resume their

original liberty, and by the establishment of a new le|gislative (such as they shall think fit) provide for their own safety and security, which is the end for which they are in society." Idem Chap.9.

Notes

• † 1.1

  On King James's leaving the kingdom and abdicating the government, the lords would have the word desertion made use of, but the com|mons thought it was not comprehensive enough, for that the King might then have liberty of returning. The Scots rightly called it a forfeiture of the crown & this in plain english is the sense of the term abdication as by the convention and every parliament since applied. See the history and debates of the convention, and the acts then made.
• † 1.2

  The power of GOD almighty is the only power that can properly and strictly be called supreme and absolute. In the order of nature immediately under him, comes the power of a simple democracy or the power of the whole over the who 〈…〉〈…〉 to both these, are all other political powers, from that of the French Monarque, to a petty constable.
• * 1.3

  Mr. Locke.
• * 1.4

  Kingcraft and Priestcraft have fell out so often, that 'tis a wonder this grand and ancient alliance is not broken off for ever. Happy for mankind will it be, when such a separation shall take place.
• * 1.5

  For the sake of the unletered reader 'tis noted, that Monarchy means the power of one great man; Aristocracy and Olargarchy that of a few; and Democracy that of all men.
• * 1.6

  See Mr. Locke on the Dissolution of Government.