By J. R. Western
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For Yarmouth's and Halifax's views see De Beer's article just cited. & Grey, vol. vii, pp. 402, 450-l. 8 Grey, vol. vii, pp. 243, 313; vol. viii, pp. 318, 403, 408. 7 Grey, vol. viii, p. 339. EXCLUSION IMPRACTICABLE 41 So 'exclusion' would bring just the evils that the whigs expected from 'limitation' . What is striking is that the whigs did not really disagree. ' Colonel Birch thought 'we have no great reason to doubt' the danger of civil war.! An intelligent whig pamphlet of 1681 could only say 'if there must be a war, let it be under the authority of law; let it be against a banished excluded pretender'.
Though victoriously fought in 'defence of the people's own rights ... yet could they never reap the least advantage in the world by it; but went from one tyranny to another'. 5 The bulk of the whigs abhored even 'limitations' as republican in theory and incapable of limiting a popish king in practice. They certainly resembled the paper constitutions of the Interregnum in dividing and weakening authority and so inviting overthrow by anyone who could get military backing. 'If you provide thus against the Duke of York, you take away all royal power and make the government a commonwealth,' said Vaughan in the commons.
E para. 135. 4 24 . KING OR PARLIAMENT? 1 It followed that unlimited political power could not be rightfully attained by conquest. But likewise a rightful legislature, though its enactments superseded the unwritten law of nature, could not be 'absolutely arbitrary over the lives and fortunes of the people'. s It could not take away any man's property without his own consent, though Locke regarded taxation by a representative assembly as conforming to this principle. 5 This was the only way in which independent 'umpirage ...