Dr. Perci-vaVs Notes and Illujlrations. 63 1 



Every juft government feems to include, in its conftitution, 

 the three following afts of the community. I. A compaft to 

 unite together, to be governed in their common interefts, by 

 common laws. II. An agreement refpefting the perfons to be 

 intrufted with the framing and the adminillration of the laws. 

 III. A reciprocal agreement between the governors, thus con- 

 ftituted, and the governed.* At the glorious revolution in 

 1688, thefe feveral adls may juftly be faid to have taken place. 

 For the prince of Orange, in his declaration, invites and requires 

 all the peers of the realm ; all gentlemen, citizens, and other 

 commons, of all ranks, to come and aflift him in the execution 

 of his defign, to re-eftablifti the conftitution of the Engli(h 

 government. The convention, which affembled on this ever 

 memorable occafion, depofed the fupreme magiftrate, exprefsly 

 becaufe he had broken the original contrast ; and appointed 

 another on certain ftipulated terms, declarative of the reciprocal 

 duties of king and people ; and reducing the contraft, as Sir 

 William Blackftone obferves, before built on theory and natu- 

 ral law, to a plain certainty. The fame learned Judge remarks, 

 that the original contraft is now comprehended in the coronation 

 oath, and in that of allegiance, f 



When Maria Therefa afcended the throne of Hungary, in 

 1740, Ihe took the ancient oath as follows. " If I, or any of 

 *' my fucceffors, ftiall at any time infringe upon your privileges ; 

 " ly virtue of this promife, you and your defendants fliall be 

 ** allowed to defend yourfelves, and (hall not be treated as re- 

 " bels." It ftiould feem that the two laft kings of Pruflia regaj-ded 

 the privileges of their fubjefts as conferred, not confirmed, by 



* Confult Hucbefon's Syftem of Moral Philofophy, vol.11, p. 227. 



-^ See Blackftone's Commentaries, book I. p. 233. 

 N. B. Thefe notes and illuflratlons were written before the revoluticn In 

 France, an event which confirms many of the principles that have been 

 advanced. The Count Boulainvilliers, who ridicules the notion of an 

 ORIGINAL CONTRACT, although himfelf a republican, had he lived at this 

 period, would have feen the doftrine eftabliflied in his own country, as 

 well as in that of America, 



S f 4 virtue 



