and upon dead systems. They knew it alive and in action.

In this proceeding the Whig principles, as applied to the Revolution and Settlement, are to be found, or they are to be found nowhere. I wish the Whig readers of this Appeal first to turn to Mr. Burke's Reflections, from page 20 to page 50,* and then to attend to the following extracts from the trial of Dr. Sacheverell. After this, they will consider two things: first, whether the doctrine in Mr. Burke's Reflections be consonant to that of the Whigs of that period; and, secondly, whether they choose to abandon the principles which belonged to the progenitors of some of them, and to the predecessors of them all, and to learn new principles of Whiggism, imported from France, and disseminated in this country from Dissenting pulpits, from Federation societies, and from the pamphlets, which (as containing the political creed of those synods) are industriously circulated in all parts of the two kingdoms. This is their affair, and they will make their option.

These new Whigs hold that the sovereignty, whether exercised by one or many, did not only originate from the people, (a position not denied nor worth denying or assenting to,) but that in the people the same sovereignty constantly and unalienably resides; that the people may lawfully depose kings, not only for misconduct, but without any misconduct at all; that they may set up any new fashion of government for themselves, or continue without any government, at their pleasure; that the people are essentially their own rule, and their will the measure of their conduct; that the tenure of magistracy is not a proper subject

* Works, Vol. III. pp. 251–276, present edition.

of contract, because magistrates have duties, but no rights; and that, if a contract de facto is made with them in one age, allowing that it binds at all, it only binds those who are immediately concerned in it, but does not pass to posterity. These doctrines concerning the people (a term which they are far from accurately defining, but by which, from many circumstances, it is plain enough they mean their own faction, if they should grow, by early arming, by treachery, or violence, into the prevailing force) tend, in my opinion, to the utter subversion, not only of all government, in all modes, and to all stable securities to rational freedom, but to all the rules and principles of morality itself.

I assert that the ancient Whigs held doctrines totally different from those I have last mentioned. I assert, that the foundations laid down by the Commons, on the trial of Dr. Sacheverell, for justifying the Revolution of 1688, are the very same laid down in Mr. Burke's Reflections, that is to say, a breach of the original contract, implied and expressed in the Constitution of this country, as a scheme of government fundamentally and inviolably fixed in King, Lords, and Commons; that the fundamental subversion of this ancient Constitution, by one of its parts,. having been attempted, and in effect accomplished, justified the Revolution; that it was justified only upon the necessity of the case, as the only means left for the recovery of that ancient Constitution formed by the original contract of the British state, as well as for the future preservation of the same government. These are the points to be proved.

A general opening to the charge against Dr. Sacheverell was made by the attorney-general, Sir John

Montague; but as there is nothing in that opening speech which tends very accurately to settle the principle upon which the Whigs proceeded in the prosecution, (the plan of the speech not requiring it,) I proceed to that of Mr. Lechmere, the manager, who spoke next after him. The following are extracts, given, not in the exact order in which they stand in the printed trial, but in that which is thought most fit to bring the ideas of the Whig Commons distinctly under our view.

Mr. Lechmere.*

"It becomes an indispensable duty upon us, who appear in the name and on the behalf of all the commons of Great Britain, not only to demand your Lordships' justice on such a criminal, [Dr. Sacheverell,] but clearly and openly to assert our foundations."

That the

Constitution

imply and

express an

tract.

"The nature of our Constitution is that of a limited monarchy, wherein the supreme power is communi cated and divided between Queen, Lords, and Commons, though the executive power and adterms of our ministration be wholly in the crown. The terms of such a Constitution do not only original con- suppose, but express, an original contract between the crown and the people, by which that supreme power was (by mutual consent, and binding and not by accident) limited and lodged in more hands than one. And the uniform preservation of such a Constitution for 80 Constitution many ages, without any fundamental change, demonstrates to your Lordships the continuance of the same contract.

That the contract is mu

tual consent,

at all times

upon the

parties.

The mixed

uniformly preserved

for many ages, and is a proof of the contract.

"The consequences of such a frame of

* State Trials, Vol. V. p. 651.

That the laws Laws the

common

king and

damental

breach of

tract.

government are obvious: are the rule to both, the common measure measure to of the power of the crown and of the obedi- subject. ence of the subject; and if the executive part endeav ors the subversion and total destruction of the government, the original contract is thereby Case of fun broke, and the right of allegiance ceases; injury, and that part of the government thus fundamen- original contally injured hath a right to save or recover that Constitution in which it had an original interest." "The necessary means (which is the phrase Words used by the Commons in their first article) means seare words made choice of by them with the caution. greatest caution. Those means are described (in the preamble to their charge) to be, that glorious enterprise which his late Majesty undertook, with an armed force, to deliver this kingdom from Popery and arbitrary power; the concurrence of many subjects of the realm, who came over with him in that enterprise, and of many others, of all ranks and orders, who appeared in arms in many parts of the kingdom in aid of that enterprise.

necessary

lected with

"These were the means that brought about the Revolution; and which the act that passed soon after, declaring the rights and liberties of the subject, and settling the succession of the crown, intends, when his late Majesty is therein called the glorious instrument of delivering the kingdom; and which the Commons, in the last part of their first article, express by the word resistance.

the Com

allegiance to

"But the Commons, who will never be Regard of unmindful of the allegiance of the subjects mons to their to the crown of this realm, judged it highly the crown, incumbent upon them, out of regard to the ancient Con

and to the

stitution.

safety of her Majesty's person and government, and the ancient and legal Constitution of this kingdom, to call that resistance the necessary means; thereby plainly founding that power, of right and resistance, which was exercised by the people at the time of the happy Revolution, and which the duties of self-preservation and religion called them to, upon the NECESSITY of the case, and at the same time effectually securing her Majesty's government, and the due allegiance of all her subjects."

All ages have the same inter

est in preser

"The nature of such an original contract of government proves that there is not only vation of the a power in the people, who have inherited its freedom, to assert their own title to it, but they are bound in duty to transmit the same Constitution to their posterity also."

contract, and the same

Constitution.

Mr. Lechmere made a second speech. Notwithstanding the clear and satisfactory manner in which he delivered himself in his first, upon this arduous question, he thinks himself bound again distinctly to assert the same foundation, and to justify the Revolution on the case of necessity only, upon principles perfectly coinciding with those laid down in Mr. Burke's letter on the French affairs.

The Commons strictly

confine their

ideas of a

revolution to

necessity alone and self-defence.

Mr. Lechmere.

"Your Lordships were acquainted, in opening the charge, with how great caution, and with what unfeigned regard to her Maj

esty and her government, and to the duty and

allegiance of her subjects, the Commons made choice of the words necessary means to express the resistance that was made use of to bring about the Rev