"mediate heir, and veft the inheritance in any 66 one else." Thus not only the Pretender," but even the prefent prince of Wales can be. excluded from the throne, with the confent of the king, lords, and commons.

Grotius, a learned and fanguine ftickler for indefeafible right, tho' he cannot agree that the fon of a dethroned king, can be lawfully excluded, yet is forced to acknowledge, that the fame fon, if not born whilft his father was in poffeffion, can be deprived of his right to the throne with the confent of the people, becaufe fuch a prince, fays he, has no acquired right. Illud "intereft inter natos et nafcituros, quod naf"cituris nondum quæfitum fit jus, atque adeo "iis auferri poffit populi voluntate." Grot, de jure belli. lib. 2. c. 7. 26. This decides for ever the fate of Charles the Third, who was born a long time after his grandfather's expulfion. It is moreover grounded on the cleareft principles of reafon.

In effect, does reafon allow that fubjects fhould be distracted, between kings in actual poffeffion of the throne, and the grand fons and great grandfons of kings who had formerly en-. joyed it? Bound by the law of God to pay tribute to, and obey the king, whofe image is stampt on his coin: Cujus eft hæc imago?

Bound

Bound by the dictates of confcience to affert the claims of his rival: to pull down their king. with one hand, to fupport him on the thront with the other. Carrying within themselves two oppofite laws, which mixing and encountering like certain chymical liquors, raise a fermentation that cannot be allayed to the end of time.

Let us fuppofe that Charles Stuart had a right to the throne; his pofterity (if ever he chance. to have any) to the laft generation will claim the fame. Let us fuppofe the Hanoverian line in poffeffion to the end of time. Lo, a curious fight! The frame of government turning on two hinges, without being fupported by either; two mathematical lines always approaching, without ever touching, and all future generations balanced and fufpended between both, without knowing which of the two to incline to. Good fenfe, the law of nature, or the general good of mankind, to which the claims and intereft of one man fhould be fubordinate, do they admit fuch rigorous equity?

Celebrated objection of civilians, canonifts, and divines:

"Time is no active principle. Every thing is done in time, but nothing by it; and a long

prescription, without a lawful title, is no leni"tive to the alarmed confcience of the poffef"for, nor bar to the claims of the difpoffeffed." The civil law has decided fo. L. 3. 11. 3. ff. de acq. vel amit. poff. "Non capit longa pof"feffione qui fcit alienum effe." And the canon law, Cap. poffeffor. de reg. juris. in 6. "Poffef"for malæ fidei ullo tempore non præfcribit."

Anfwered: If a long prefcription, without an original title, cannot fecure the confciences of kings and fubjects, God help the world! For great kingdoms, if traced back to their origin, Sine juftitia magna regare great robberies. "na funt magna latrocinia."* By this rule, the Stuarts had no right to the throne of England": for their original title was defective, as derived from William the Conqueror, an ufurper, or from the ancient Saxons who plundered and difpoffeffed the Britons. How can we calm the confciences of the Dutch, Portuguese, &c. formerly the fubjects of Spain? I believe the most fcrupulous amongst them are unconcerned for the rights of their former mafters.

However, I acknowledge that time alone, without forme concurrent caufe, cannot legalize a prefcription. But in regard to kings and the allegiance

* St. Auguftine.

allegiance due from their fubjects, a great number of reafons fupply the deficiency of the ori ginal title requifite to commence a prefcription, viz. the confent of the greatest and wifeft part of a nation, the acquiefcence of the whole community, the peace of the public, difturbed by factions and civil wars, ever and always attendant on changes in government,the general good of mankind, inconfiftent with the revival of old claims,in fine, the difpenfation of a juft God, who vifited on Saul's pofterity their father's cruel treatment of the Gibeonites; and who pofitively declares, that he wrefts the fceptre from one family, to lodge it in the hands of another, in punishment of for6 mer crimes.? "Transfert fceptrum de regno "et de gente, ad populum alterum." "When "the political law has obliged a family to re

6

nounce the fucceffion," fays the prefident Montefquieu," it is abfurd to infift on the ref"titutions drawn from the civil law. It is ri"diculous to pretend to decide the rights of kingdoms, of nations, and of the whole globe, 'by the fame maxims on which we should determine the right of a gutter between indi"viduals."

66

Further. King James the Second's quitting England, without even appointing a regent,

and

Montefquieu's Spirit of Laws, Vol. II. page 193.

and his fubfequent behaviour at the Boyne, is an abdication of the throne, or else there never has been a refignation of royalty. Fear! He was intrepid enough before his fon-in-law became his competitor, and tho' prince William wanted neither courage nor wisdom, yet his prowess was not fo famed in the hiftory of the times, as to ftrike terror into a tolerable general, much lefs into the heart of a king, whom an exalted rank, the love of his fubjects, and paternal authority, fhould have animated with courage and refolution. Old captain O'Regan was not afraid when he defired king William's officers" to change generals, and fight the bat66 tle over again."*

5

In times of invafion, thrones cannot be fecured without bloodshed. If the fear of a ball cannot difpenfe fubjects with fighting for their prince, the prince is bound to thare the danger, or at least to remain in fome part of the kingdom to watch and direct their operations. If the fafety of the people be the fupreme law, falus populi fuprema efto, and that kings are appointed guardians of the property and lives of their fubjects, who in the beginning could have inftituted a republican as well as a regal government, the king who prefers his perfonal fafety to that of his fubjects, flies into a foreign country,

Hift. of Eng. in a series of letters, &c.