nt, or either of
them, had avowedly a right to animadvert on the king, or each other,
or if the king had a right to animadvert on either of the houses, that
branch of the legislature, so subject to animadversion, would
instantly cease to be part of the supreme power; the ballance of the
constitution would be overturned; and that branch or branches, in
which this jurisdiction resided, would be completely sovereign. The
supposition of _law_ therefore is, that neither the king nor either
house of parliament (collectively taken) is capable of doing any
wrong; since in such cases the law feels itself incapable of
furnishing any adequate remedy. For which reason all oppressions,
which may happen to spring from any branch of the sovereign power,
must necessarily be out of the reach of any _stated rule_, or
_express legal_ provision: but, if ever they unfortunately happen, the
prudence of the times must provide new remedies upon new emergencies.

INDEED, it is found by experience, that whenever the unconstitutional
oppressions, even of the sovereign power, advance with gigantic
strides and threaten desolation to a state, mankind will not be
reasoned out of the feelings of humanity; nor will sacrifice their
liberty by a scrupulous adherence to those political maxims, which
were originally established to preserve it. And therefore, though the
positive laws are silent, experience will furnish us with a very
remarkable case, wherein nature and reason prevailed. When king James
the second invaded the fundamental constitution of the realm, the
convention declared an abdication, whereby the throne was rendered
vacant, which induced a new settlement of the crown. And so far as
this precedent leads, and no farther, we may now be allowed to lay
down the _law_ of redress against public oppression. If therefore any
future prince should endeavour to subvert the constitution by breaking
the original contract between king and people, should violate the
fundamental laws, and should withdraw himself out of the kingdom; we
are now authorized to declare that this conjunction of circumstances
would amount to an abdication, and the throne would be thereby vacant.
But it is not for us to say, that any one, or two, of these
ingredients would amount to such a situation; for there our precedent
would fail us. In these therefore, or other circumstances, which a
fertile imagination may furnish, since both law and history are
silent, it becomes us to be