OCR Text |
Show ( 30 ) " King and People." ( 3I ) As Com/>467 then is that Agreement of the People with the legi/lrztz'w Power, or among themfelves, concerning their fizme Rights ; f0 Corrz‘raéll is that Bargain of the People with the executive Power concerning their zl/jl'rciizt Rights 9". But here it will be " \Vriters upon this fuhjeét have confounded the two terms, laid, How is this known, and where is this to be found? I reply, As well in the reafon of the things themfelves, and our own experience, as in the letter and fpirit of our Charters: for infiance, in Magim Charla, which is not only declaratory of the original Conzpafl, or fundamental Rights of the People, but is izfilf‘ that jélevzrz Corziméf, which was had between King Cfifllptlfi? and lerac‘l together; making them to lignify one and the fame thing, though really different. C67II/711L‘} is an and People, Agreement entered into without any other confideration, than Rights; and therefore, that of the plighted faith of the parties to the articles agreed upon : for the articles being general, it is equally the interell of every individual to obferve them without any additional obligation; and fuch is the original Compati, or Confliturion of this country. But Can/mil is a Bargain, with a condition annexed for the protection of thole as fuch, proves quad emf denzwflrmzdum. But now I maybe told, that although I have made a diltinél'ion between the Cozgfrz'z‘uzim and thereto, that demands a gmid pro quo; and fuch is the " Con- the Law of England, I have cited [Magma " traé‘t between King and People": for the exeruti-ve Power being lodged in the Crown, the King may fuffer the Laws to fle-ep, or pervert th‘em " from their right ufe to their worlt abufe," which, making the articles of this Contract notgmeral, calls for different covenants; and therefore the King, at his coronation, takes an oath to protect the Rights of the People ; and the People, in re- turn, owe, and may be called upon to fwear, Allegiance to the King. It may be further obfcrved, that as it was not to be {up- poled that Parliaments, whofe rights were precifely the fame with thofe of the People. could pollihly enaét Laws fubverfive ot' thofe Rights, to the original Compafl feeming to require no other fanélion, no Other agreement between the legillative Power and Charm, which is an Aft of Parliament, and confequently the Law of England, as for the Cozylz'rm‘z'on of England. The objection is fpe- cious only, for it is groundlefs. In the firft place, it is not true that jlfagim ClJarz‘a is an Act of Parliament; and for this reafon: that it was obtained in the field of battle, with {word in hand, in Runing-Mead, hetweenWind- the People was ever thought of: but now Corruption, that {elf- devouring monller of the State, making frelh covenants neecf- for and Staines, where the People had pitched their tents, and where, as hiftory further in- fairy, it is to be hoped, that the fame explicit, Imf‘vflfi‘vt‘, expre/i forms us, " King John and his adherents ap- Contract, which exil'ts between the King and People, will foon, " peared to be an inconfiderable number, but t‘ the Lords and Commons filled [the country." very foon, be made to fubfilt between the Parliament and People. I: was the doctrine of unlimited Power in the Crown that obtained the former; it is the now new and more dangerous doctrine of unlimited Pawrr in Parliament that mutt procure the latter. It faid, |