Laws the common measure to King and subject.
Case of fundamental injury, and breach of original contract."The consequences of such a frame of government are obvious: That the laws are the rule to both, the common measure of the power of the crown and of the obedience of the subject; and if the executive part endeavors the subversion and total destruction of the government, the original contract is thereby broke, and the right of allegiance ceases that part of the government thus fundamentally injured hath a right to save or recover that Constitution in which it had an original interest."
Words necessary means selected with caution."The necessary means (which is the phrase used by the Commons in their first article) words made choice of by them with the greatest caution. Those means are described (in the preamble to their charge) to be, that glorious enterprise which his late Majesty undertook, with an armed force, to deliver this kingdom from Popery and arbitrary power; the concurrence of many subjects of the realm, who came over with him in that enterprise, and of many others, of all ranks and orders, who appeared in arms in many parts of the kingdom in aid of that enterprise.
"These were the means that brought about the Revolution; and which the act that passed soon after, declaring the rights and liberties of the subject, and settling the succession of the crown, intends, when his late Majesty is therein called the glorious instrument of delivering the kingdom; and which the Commons, in the last part of their first article, express by the word resistance.
Regard of the Commons to their allegiance to the crown, and to the ancient Constitution."But the Commons, who will never be unmindful of the allegiance of the subjects to the crown of this realm, judged it highly incumbent upon them, out of regard to the safety of her Majesty's person and government, and the ancient and legal Constitution of this kingdom, to call that resistance the necessary means; thereby plainly founding that power, of right and resistance, which was exercised by the people at the time of the happy Revolution, and which the duties of self-preservation and religion called them to, upon the NECESSITY of the case, and at the same time effectually securing her Majesty's government, and the due allegiance of all her subjects."
All ages have the same interest in preservation of the contract, and the same Constitution."The nature of such an original contract of government proves that there is not only a power in the people, who have inherited its freedom, to assert their own title to it, but they are bound in duty to transmit the same Constitution to their posterity also."
Mr. Lechmere made a second speech. Notwithstanding the clear and satisfactory manner in which he delivered himself in his first, upon this arduous question, he thinks himself bound again distinctly to assert the same foundation, and to justify the Revolution on the case of necessity only, upon principles perfectly coinciding with those laid down in Mr. Burke's letter on the French affairs.
Mr. Lechmere.
The Commons strictly confine their ideas of a revolution to necessity alone and self-defence."Your Lordships were acquainted, in opening the charge, with how great caution, and with what unfeigned regard to her Majesty and her government, and to the duty and allegiance of her subjects, the Commons made choice of the words necessary means to express the resistance that was made use of to bring about the Revolution, and with the condemning of which the Doctor is charged by this article: not doubting but that the honor and justice of that resistance, from the necessity of that case, and to which alone we have strictly confined ourselves, when duly considered, would confirm and strengthen[A][A] N.B. The remark implies, that allegiance would be insecure without this restriction. and be understood to be an effectual security of the allegiance of the subject to the crown of this realm, in every other case where there is not the same necessity; and that the right of the people to self-defence, and preservation of their liberties, by resistance as their last remedy, is the result of a case of such NECESSITY ONLY, and by which the ORIGINAL CONTRACT between king and people is broke. This was the principle laid down and carried through all that was said with respect to ALLEGIANCE; and on WHICH FOUNDATION, in the name and on the behalf of all the commons of Great Britain, we assert and justify that resistance by which the late happy Revolution was brought about."