A DISCOURSE ON THE ENGLISH CONSTITUTION

Extracted From a Late Eminent Writer, and Applicable to the Present TimesOf England are bound not to refif t with force the King, or thofe commifiioned by him, in any cafe, or upon any pretence whatfoever. This is to be alledged as a fundamental principle in arguing from pofitive law, and hence it flows, and is a known maxim of the Englifh law, that the perfon of the {overeign is not punilha able nor coercible by force, and in the practicable forms of proceeding, trauf greflions againft this law arejudged Upon B accuaccufations after the form of high treae fon. This confequence oflaw, the main tainers of refii tance fcarce deny for they feem to go of? From, and furmount poli tive law, fuppofing a power, which they call the people, fuperior to all law, hav ing it in their hands to reduce laws and law-makers all together, and fo they think they argue upon fure grounds. But this eludes the hypothefis, which is, that the people are fubjeét, and bound by the laws