by God (a). The king is the fole fountain of power. All the liberties and privileges of the people are but fo many conceffions or extortions from the crown (b). The "king is not bound to his people by the coronation-oath, but only before God, to whom alone he is accountable (c). The king's violations of the laws are not to be reftrained by force, but fubjects ought either actively "to obey his commands, or paffively submit to his will (d.)" On the other hand, it was more generally maintained, "Though all power may be faid to be from God, as go"vernment is agreeable to his will, made known as well by << nature as revelation, yet no particular form of govern"ment is of divine appointment, but every nation is left to "fettle that form which appears most fuitable to their ge❝nius, and most conducive to the fole end of all government, the happiness of the fociety. Monarchy, very "probably, was first chofen; but as the living, by one man's

will, was feen to become the caufe of all men's mifery, "other forms of government were introduced; and laws "founded on reafon, and tending to the public welfare, were framed by communities, as rules of conduct to the governors, and as meafures of obedience to the people (e).

(a) In his fpeech to his firft parliament, king James I. fpeaking of the English throne, fays, which God by my birth-right and lineal defcent had in ful"nefs of time provided for me." He often talked of his undoubted, hereditary, independent right, inherent in himfelf.

(b) King James I. in one of his fpeeches afferts, that the privileges of parliament are derived from the grace and permiffion of his ancestors, and liable to be retrenched at the will of the prince. Upon which the commons drew up a proteftation, declaring, that the liberties, privileges, and jurifdiction of parliament, are the undoubted birth right and inheritance of the fubjects of England. This proteftation the king, in full council, the judges alio be

"Thus

ing prefent, declared to be invalid and of no effect, and with

his own hand took it out of the journal-book.

(c) A book was published, with the royal licence, by Dr. Cowel in 1609, wherein among other things, it is faid, the king is not bound by the laws, or by his coronation-oath.

(d) It was often declared from the pulpit, efpecially by the court-preachers," The people "have no other refuge left un"der the most cruel tyranny, but "prayers and tears." This doctrine was endeavoured to be proved by texts of Scripture, paffages out of the homilies, and the practice of the primitive christians.

(e) It is certain the European kingdoms founded by the Goths,

Vandals,

"Thus in England, coæval with the monarchy, there has "always been a conftitution, that is, a fyftem of laws, in"ftitutions, and cuftoms, according to which the king is "obliged to govern, and the subject to obey (f). The king "in his coronation-oath, as much fwears to the people, as "the people fwear to the king. When the king acts in દ conformity to the laws, he ought not to be refifted on any pretence; but if he violates the fundamental laws of the "realm, and endeavours to fubvert the conftitution, he may "be not only refifted, but even depofed. Lineal fucceffion and hereditary right have no foundation in nature, nor were "ever appointed by God, but were firft introduced by com

Vandals, &c. as Lombardy, Burgundy, Sweden, Denmark, Hungary, Arragon, France, &c. were originally all limited monarchies, and had their feveral conftitutions or fundamental laws, by which the regal power was limited. Amongst thefe limitations were generally the two great articles, That no laws could be made, nor any money levelled, without confent of the ftates.

the power of making war and peace, and the coinage. And of thefe branches of royal power, the executive (which is the largef) is fo limited, that the king cannot employ in civil or military office, any man but what is qualified by laws of the people's making. And though the power of war be vefied in the king, yet the commons have referved to themfelves the power of raising money, without which no war can be waged. As for the coinage, it is rather an honourable truft than a real power: But as to the legislature, the greatest branch of fovereign power, it is certain no law can be enacted without the authority of the commons, who have also the fole power of levying money. The laf appeal, in cafes of law, is ufually made to the houfe of lords. The fovereign power being thus divided in England, it is eafy to fee the extent of the regal power, and the nature of the allegiance due to the king. Hence alfo may be perceived the happiness of the English in preferving their ancient conftitution while the greatelt part of Europe groans under arbitrary power,

(f) To have a clear notion of the English conftitution in general, a man need only confider how the fovereign power is divided, and in what perfons the feveral branches are vefted. The fovereign power is compounded of these fix parts. I. Legiflative power, or authority to make laws. II. Executive power, which confifts in creating officers. to execute the laws and difcharge all the functions of the government, according to law. III. A power of making war and peace. IV. A power of raifing money for fupport of the government. V. The laft appeal in all cafes of law. VI. The coinage or power over the mint. Now there are but three of thefe fix parts lodged in the perfon of the king; namely, the executive power,

"munities, where kingly government prevailed, to prevent "confufion and ftrife. And therefore the fucceffion may be altered and transferred from one branch of a family to "another, or to a new family, when the fupreme law, the "fafety of the people, calls for it (g).”

At the fame time there was alfo fome, who, far from thinking regal power and hereditary right of divine appointment, preferred in their minds á républican form of government, even to a limited monarchy. But thefe fentiments were concealed in this reign under an external zeal for the conftitution and privileges of the people (h).

The first fet of principles was espoused by the king, the court, and great part of the clergy, and by degrees found reception in the univerfities, inns of court, and even among the judges. The king, agreeably to his principles, in his proclamations and fpeeches, used the language of an abfo

(g) By a ftatute of the 13th year of queen Elizabeth, it was made high-treafon for any perfon to affirm, that the reigning prince, with the authority of the parliament, is not able to limit and bind the crown, and the defcent and inheritance thereof. This plainly fhows, the legiflature's opinion of hereditary right in thofe days. The oppofers of the divine right of lineal fucceffion thought it strange, that king James I. fhould fo ftrenuoufly affert that doctrine, fince the race of the Stewarts, after Robert II. had no other title to the crown of Scotland, but what they derived from an act of parliament, in preclufion of thofe of the legitimate and right line. For Robert having had three fons and a daughter by Elizabeth Mure his concubine, marries her afterwards to one Gifford, himfelf at the fame time efpoufing Eufemia, daughter of the earl of Rofs, by whom he had William and David earls of Athol and

lute

Strathern, and a daughter, wife of James Douglafs, fon to the earl of Douglafs. Robert, upon the death of his wife Eufemia and of Gifford, not only marries his former concubine, but ob- ́ tains an act of parliament to settle the crown upon the children begotten upon her in concubinage, and to exclude his legitimate children by his wife Eufemia. State-Tracts, vol. I. p. 142, 143. Buchanan, B. IX. Murray's as of parl.

(h) It must be obferved, that in the reign of queen Mary, great numbers, on account of religion, fled beyong fea, and were well received by the reformed ftates of Germany, Switzerland, and Geneva, and allowed churches for their public worship. When thefe exiles, upon queen Elizabeth's acceffion, returned to England, many brought with them not only a diflike to the worship and difcipline of the established church, and the defire of a purer religion, as they termed it,

(whence

lute monarch (i), and in his conduct, carried the prerogative to a very great height, while his proceedings were fupported by the opinions of the judges, and paffive obedience inculcated on the people from the pulpit and press. Whoever difbelieved the divine, unalienable, hereditary, independent right of kings, or offered to bound the royal prerogative, were branded with the name of puritan (k). By which means the puritans, who before were inconfiderable, became a ftrong party, as including all the friends to the conftitution, and the oppofers of arbitrary power. In a word, by these means two parties were formed in the kingdom, one of which embracing the principles of the divine right of kings, exalted the prerogative above measure, whilst the other efpoufing the oppofite principles, adhered to the conftitution, and zealously afferted the national privileges. Thus were laid in king James the firft's reign, the foundation, not only of the civil wars, but of all the party-divifions which have fince exifted in the nation.

King Charles I, mounted the throne, poffeffed with the Under fame principles of government which his father had fo indu- Charles I. Ariously propagated, and under the influence of the fame

(whence the name puritan) but alfo favourable fentiments of the governments they had lived under fo peaceably, which, in the end, were turned, by the arbitrary proceedings of the following reigns, into republican principles, and proved, under Charles I. the occafion of the downfal of the monarchy, by preventing the breach between the king and commons from being healed.

(i) In the proclamation for calling his firft parliament, he arbitrarily prefcribed as well to the electors as elected, and fubjected both to fevere penalties, in cafe any return fhould be made contrary to his proclamation. And in a speech to the parliament exprefsly tells them, "As "it is blafphemy to difpute what "God may do, fo is it fedition "in fubjects to difpute what a king may do in the height of

"his power." So poffeffed was the king (fays Burnet) of a divine right in all kings, that he could not bear that even an elective and limited king fhould be called in queftion by his fubjects, and therefore would never give prince Frederic, his fon-in-law, the title of king, nor lend him any affiftance for the support of his new dignity. It was also ufual with him, from the fame principle, to call the Dutch, rebels, for endeavouring to fhake off the tyrannical yoke of Spain.

(k) Hence the diftinction of ftate and church puritans. The former were the fame with those fince called whigs, and the latter came to be included in the general name of diffenters, whilft the afferters of the divine right of kings, acquired the denomination of tories.

counfels and miniftry. Accordingly, in the first fifteen years of his reign, continual breaches were made in the conftitution, and the nation's liberties invaded, whilft perhaps the king imagined he was only defending his prerogative (1). Within the space of a year two parliaments are fummoned and diffolved in difpleasure, for prefuming to meddle with grievances, and call the king's minifters to account (m). In the 4th year of this reign another parliament is alfo, for the fame reason, difmiffed, with a reproachful and threatning speech (n), and such members as had given offence are imprifoned