makes it a kind of democracy; as this aggregate body, actuated by different fprings, and attentive to different interefts, compofes the British parliament, and has the fupreme difpofal of every thing, there can no inconvenience be attempted by either of the three branches, but will be withstood by one of the other two; each branch being armed with a negative power, fufficient to repel any innovation, which it fhall think inexpedient or dangerous. Here then is lodged the fovereignty of the British conftitution; and lodged as beneficially as is poffible for fociety."

It is not only allowed by our own authors, which is very natural, but also by all foreign writers, who have treated upon the conftitution and laws of England, that the mixed form of our government gives it a decided preference over every other government ancient or modern. The first part then of our conftitution, which comes under my confideration, is the inveftiture or depofit of the fupreme legislative power, with the fiduciary delegates of the community; and when I do this, I recede in no degree from the principles I have already laid down; nor am I confcious or apprehenfive, that they tend to the utter fubverfion, not only of all government, in all modes, and to all ftable fecurities to ra

tional freedom, but to all the rules and principles of morality itself. On the contrary, from them alone can I trace a principle of coercion and coaction over the multitude.. But before I

enter minutely upon each feparate branch of the legislature, it will be requifite to form a juft and precife idea of the nature and general effects of this commiffion, or gift of power to them all jointly: we have, I hope, proved, that it was done by the confent and approbation of the community; and I have not as yet met with any writer, who has attempted to prove, that the hereditary peers of this realm, or a given number of elected commoners poffefs any particle of legislative authority, independently of the community. Many indeed have, by deducing the royal power and prerogative immediately from Almighty God, attempted to place the king above and wholly independent of the community. The proper place for examining this doctrine will be, in confidering the rights, powers, and prerogatives of the king: I fhall, however, for the prefent prefume, what I hope hereafter to prove, that as the law makes and qualifies the king, and the nation or community makes the laws, fo the king cannot be wholly above nor independent of the laws or the community,

When

The foregoing principles produce coercion over the people.

The delegation rights, as well

of power gives

as duties;

When I fay, that all the political power, which is poffeffed by the king, lords, and commons in this nation, is the free gift of the people, in the fame breath I admit, that by this gift the conftitution and government of this country are brought to the highest poffible degree of perfection, of which any human inftitution of this nature is capable. Superficially, indeed, muft they view this inveftiture of power, who fancy, because the power is a truft, that magiftrates therefore have. duties, but no rights. The perfection of a gift depends not only upon the excellency of the boon, but also upon the efficacy of the means, by which the receiver is enabled to defend, preferve, and improve the enjoyment of it. I have before faid, that the community can only act for its welfare and prefervation; and it is truly admirable to contemplate the wif dom and fagacity, with which, by our conftitution, each branch of the legislature is enabled to defend and preferve the rights and powers, which have been respectively delegated to them. The object of this delegaof government. tion of power was, to render the diffolution of the government as difficult as poffible; and the perfection of its execution is that stupendous equipoife of power, that renders it almoft morally impoffible, that one branch of

and prevents the diffolution

the

the legislature fhould out-balance another. Thus do we obferve, from experience, that whatever be their derangement in a temporary convulfion of the ftate, they are fure to return, with peace and order, to their ancient level. And as in nature, the ferene funfhine, which immediately fucceeds a storm, adds peculiar luftre to the objects, which it irradiates, so most disturbances in our state have terminated in adding light and vigor to our constitutional rights and liberties. This is the halcyon view of our political conftitution, which Dr. Kippis reprefents immediately after the revolution of 1688:

«To

be favoured with a form of government, of

which liberty is the bafis, is the greatest of all temporal bleffings; and the nations, on which fo noble a gift has been bestowed, appear with peculiar glory in the hiftory of the world. It has been the happiness of Britain to poffefs this benefit in a high degree of perfection. The fyftem of our government is not fingly a democracy, an aristocracy, or a monarchy; but an excellent compofition of the three. It adopts the advantages of these several schemes, and rejects their inconveniencies; it affumes the equality of a de

• Dr. Kippis's Sermon preached at the Old Jury en the 4th of Nov. 1788, p. 24, 25.

mocracy,

Pleafing view

of our conftitu

tion, by Dr.

Kippis.

The right of

the legislature to alter the go

vernment.

mocracy, without its confufion; the wisdom and moderation of an ariftocracy, in fome refpects, without its feverity in others; and the vigour of a monarchy without its tyranny; and it admirably provides for the diftinct exercise of the judicial authority. Hence, it prefents a plan of power, which produces more true freedom, than perhaps has yet been enjoyed by any community, in any pe

riod."

The rights, which attended this donation or inveftiture of power, I fhall endeavour more particularly to illuftrate, when I feparately confider each branch of the legiflature. I fhall first however, beg leave to premife fome leading obfervations, concerning the revolution and its principles and effects. As a member of the contented majority of this community or nation, I must from henceforth view and confider the fupreme legislative power completely vested in our parliament; and in them am I to feek the unalienable rights of the people, whom they completely reprefent; for in them the fovereignty of power to alter, change, amend, and improve the conftitution and government of the community indefeasibly refides. Whatever mental objections I may conceive against the truth of this propofition, as a

member