FREE BOOKS

Author's List




PREV.   NEXT  
|<   176   177   178   179   180   181   182   183   184   185   186   187   188   189   190   191   192   193   194   195   196   197   198   199   200  
201   202   203   204   205   206   207   208   209   210   211   212   213   214   215   216   217   218   219   220   221   222   223   224   225   >>   >|  
ts which were not impaired. They kept these old parts exactly as they were, that the part recovered might be suited to them. They acted by the ancient organized states in the shape of their old organization, and not by the organic _moleculae_ of a disbanded people. At no time, perhaps, did the sovereign legislature manifest a more tender regard to that fundamental principle of British constitutional policy than at the time of the Revolution, when it deviated from the direct line of hereditary succession. The crown was carried somewhat out of the line in which it had before moved; but the new line was derived from the same stock. It was still a line of hereditary descent; still an hereditary descent in the same blood, though an hereditary descent qualified with Protestantism. When the legislature altered the direction, but kept the principle, they showed that they held it inviolable. On this principle, the law of inheritance had admitted some amendment in the old time, and long before the era of the Revolution. Some time after the Conquest great questions arose upon the legal principles of hereditary descent. It became a matter of doubt whether the heir _per capita_ or the heir _per stirpes_ was to succeed; but whether the heir _per capita_ gave way when the heirdom _per stirpes_ took place, or the Catholic heir when the Protestant was preferred, the inheritable principle survived with a sort of immortality through all transmigrations,-- Multosque per annos Stat fortuna domus, et avi numerantur avorum. This is the spirit of our Constitution, not only in its settled course, but in all its revolutions. Whoever came in, or however he came in, whether he obtained the crown by law or by force, the hereditary succession was either continued or adopted. The gentlemen of the Society for Revolutions see nothing in that of 1688 but the deviation from the Constitution; and they take the deviation from the principle for the principle. They have little regard to the obvious consequences of their doctrine, though they may see that it leaves positive authority in very few of the positive institutions of this country. When such an unwarrantable maxim is once established, that no throne is lawful but the elective, no one act of the princes who preceded this era of fictitious election can be valid. Do these theorists mean to imitate some of their predecessors, who dragged the bodies of our ancient s
PREV.   NEXT  
|<   176   177   178   179   180   181   182   183   184   185   186   187   188   189   190   191   192   193   194   195   196   197   198   199   200  
201   202   203   204   205   206   207   208   209   210   211   212   213   214   215   216   217   218   219   220   221   222   223   224   225   >>   >|  



Top keywords:
principle
 

hereditary

 

descent

 
succession
 
deviation
 
Constitution
 

capita

 

stirpes

 

Revolution

 

legislature


ancient
 
regard
 

positive

 

settled

 

revolutions

 

theorists

 

obtained

 

imitate

 

Whoever

 

spirit


avorum
 

numerantur

 

Multosque

 
predecessors
 

dragged

 
bodies
 
transmigrations
 

fortuna

 

obvious

 

consequences


unwarrantable

 

country

 
authority
 
doctrine
 

immortality

 
institutions
 

established

 

Society

 

fictitious

 

preceded


gentlemen

 

adopted

 
leaves
 

continued

 
Revolutions
 
princes
 

lawful

 

throne

 
elective
 

election