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Yonge, Charles Duke, 1812-1891

"The Constitutional History of England from 1760 to 1860"


The opposite doctrine would seem to impugn the legality of the whole
series of transactions which placed William and Mary on the throne. The
admission of an indefeasible right of the heir-apparent would have borne
a perilous resemblance to a recognition of that divine right, every
pretension to which the Revolution of 1688 had extinguished. If, again,
as Fox and his followers at one time endeavored to argue, the Houses in
1789 had no right to the name or power of a Parliament, because the King
had no part in their meetings, the convention that sat a century before
(as, indeed, was admitted) was certainly far less entitled to that name
or power, for it had not only never been called into existence by a
King, but was assembled in direct defiance of the King. Similarly, it is
admitted that the body which invited Charles II. to return and resume
his authority was equally destitute of the validity which could only be
given by a royal summons. Yet both these bodies had performed actions of
greater importance than that which was looked for from this Parliament.
The one had abolished the existing and usurping government, and restored
to his kingdom a King who had been long an exile. The other had, as it
were, passed sentence on the existing sovereign, on grounds which
confessedly will not bear a strict examination, and had conferred the
crown on a prince who had no hereditary claim to the title.


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