An Answer to a Question that Nobody thinks of, viz., But what if the Queen should Die?

From this piece of civil right, come we to those things we call liberties and privileges. These may indeed be joined in some respects; but as we are engaged in speaking particularly to such points, wherein our present dangers do or do not appear, it is proper to mention them apart. Privileges may be distinguished here from liberties, as they respect affairs of trade, corporations, parliaments, and legislature, &c. Liberty, as they respect laws, establishments, declared right, and such like. As to the first, from the revolution to this time, they have not only been confirmed, which we had before, but many privileges added to the people, some of which are essential to the well-being of the kingdom. All the quo warrantos against corporation privileges, the high commission court against the church's privileges extending prerogative in detriment of the subject's natural right, and many such things, which were fatal to the privileges of this protestant nation, were laid aside, and received their just condemnation in the revolution; and not so only, but the privileges obtained since the revolution by consent of parliament, are very considerable; such as the toleration to this part of Britain, and the establishment of the church of Scotland; for the north part; in matters of religion; such as the triennial election of parliaments; in civil affairs, such as the several corporations granted upon really useful foundations in trade; as the bank company, &c., and such like. These and many more, which may be named, and which these are named only as heads of, are secured to us by law; and those laws yet again made sure to us by the honour and veracity of her majesty, and as long as her majesty's life is spared to these nations, we have great reason to believe we shall rather increase than lose our privileges. But what if the queen should die?

Our LIBERTIES, which come next in order, may be summed up in what we call legal, and native right; or such as by the natural consequence of a free nation, and a just government; or such as by mutual assent and consent of sovereign and subject, are become the legal right of the latter. These, needless to be enumerated here, are summed up into one; or are expressly enacted by statute law, and thereby become fundamental to the constitution. These receive no wound, but one of these two ways, either by open infraction and contempt of right, or by dispensing arbitrary power; both of which, by the many assurances from the throne, by the constant jealousies of parliaments, and the full liberty they have more of late than ever taken to examine into, and censure breaches of the laws, we are very well assured shall not be attempted in her majesty's time: nay, on the contrary, the superiority, and influence of parliaments over and upon the management of public matters, nay, even their influence upon the royal majesty of the sovereign, has been such, and has in such a manner insensibly increased of late, that the like has never been known or practised in this nation for some ages before. We see her majesty declines extending her prerogative, either to the detriment of her subjects, in cases civil or religious, and wherein it might be so extended; nay, when even the parliament have desired her to extend it: so that we have a great satisfaction in the safety of our established liberties, and that no tyrannical, arbitrary invasions of right shall be made during her majesty's reign. But what if the queen should die?

In like manner for our properties, our estates, inheritance, lands, goods, lives, liberties, &c. These are effectually secured by laws of the land, and the sovereign in this country, having no right, but by law, to any part of the subject's estate, causes that estate to be called PROPERTY. The kings and queens of Britain are monarchs limited to act by the laws. When they cease to rule by law, the constitution is broken, and they become tyrants, and arbitrary, despotic invaders of right. This is declared by the revolution, wherein the rights of the subject are openly, not set down only, but claimed, demanded as what justice required should be granted to them, and as what the sovereign, as aforesaid, has no right, no pretence, no just authority to take, or detain from him. This is the great capital and fundamental article of Magna Charta, and the foundation upon which all the laws subsequent and consequential to Magna Charta have been made. [No freeman shall be taken or imprisoned, or be disseized of his freehold, or liberties, or free customs, or be outlawed, or exiled, or otherwise destroyed; nor we will not pass upon him, nor condemn him, but by lawful judgment of his peers, or by the law of the land. Magna Charta, cap. xxix.] The words are plain and direct; and as to the subject we are now upon, they require no comment, no explication. Whatever they do, as to pleading in law the proof of the subject's right to the free possession of his own property, is also the less needful to enlarge upon here, because it is acknowledged in full and express terms by the sovereign, as well in practice, as in expression. Her majesty, adhering strictly to this, as a rule, has from the beginning of her reign made it her golden rule, to govern according to law. Nor, while the establishment of the crown itself is built upon the legal constitution of this nation, can it be otherwise here: that prince that governs here and not by law, may be said rather to oppress than to govern; rather to overrule, than to rule over his people. Now it cannot without great and unjustifiable violence to her majesty's just government, be suggested, that we are in any danger of oppression during the righteous administration of her majesty's reign. The queen raises no money without act of parliament, keeps up no standing army in time of peace, disseizes no man of his property or estate; but every man sits in safety under his own vine, and his fig-tree; and we doubt not but we shall do as long as her majesty lives. But what if the queen should die?

Possibly cavils may rise in the mouths of those whose conduct this nice question may seem to affect, that this is a question unfit to be asked, and questionless such people will have much to say upon that subject; as that it is a factious question, a question needless to be answered, and impertinent therefore to be asked; that it is a question which respects things remote, and serves only to fill the heads of the people with fears and jealousies; that it is a question to which no direct answer can be given, and which suggests strange surmises, and amuses people about they know not what, and is of no use, but to make people uneasy without cause.

As there is no objection, which is material enough to make, but is material enough to answer, so this, although there is nothing of substance in it, may introduce something in its answer of substance enough to consider: it is therefore most necessary to convince the considering reader of the usefulness and necessity of putting this question; and then likewise the usefulness and necessity of putting this question NOW at this time; and if it appear to be both a needful question itself, and a seasonable question, as to time, the rest of the cavils against it will deserve the less regard. That it is a needful question, seems justified more abundantly from a very great example, to wit, the practice of the whole nation, in settling the succession of the crown. This I take to be nothing else but this: the queen having no issue of her body, and the pretender to the crown being expelled by law, included in his father's disastrous flight and abdication; when the parliament came to consider of the state of the nation, as to government as it now stands; that King William being lately dead, and her majesty with universal joy of her people, being received as queen, the safety, and the lasting happiness of the nation is so far secured. But what if the queen should die?

The introduction to all the acts of parliaments for settling the crown, implies thus much, and speaks directly this language, viz., to make the nation safe and easy in case the queen should die: nor are any of these acts of parliament impeached of faction, or impertinences; much less of needless blaming the people, and filling their heads with fears and jealousies. If this example of the parliament is not enough justifying to this inquiry, the well known truth, upon which that example of parliament is grounded, is sufficient to justify it, viz., that we all know the queen must die. None say this with more concern and regret than those who are forwardest to put this question, as being of the opinion above said, that, we are effectually secured against the pretender, and against all the terrifying consequences of the Frenchified governors, during her majesty's life. But this is evident, the queen is mortal, though crowned with all that flattering courtiers can bring together, to make her appear great, glorious, famous, or what you please; yet the queen, yea, the queen herself, is mortal, and MUST die. It is true, kings and queens are called gods; but this respects their sacred power: nothing supposing an immortality attending their persons, for they all die like other men, and their dust knows no distinction in the grave. Since then it is most certain that the queen must die, and our safety and happiness in this nation depends so much upon the stability of our liberties, religion, and aforesaid dependencies after her majesty's life shall end, it cannot be a question offensive to any who has any concern in the public good, to inquire into what shall be the state of our condition, or the posture of our affairs, when the queen shall die; but this is not all neither. As the queen is mortal, and we are assured she must die, so we are none of us certain as to be able to know when, or how soon, that disaster may happen; at what time, or in what manner. This then, as it may be remote, and not a long time; God of his infinite mercy grant it may be long first, and not before this difficult question we are upon be effectually and satisfactorily answered to the nation; so on the other side, it may be near; none of us know how near, the fatal blow may befall us soon, and sooner far than we may be ready; for to-day it may come, while the cavilling reader is objecting against our putting this question, and calling it unreasonable and needless; while the word is in thy very mouth, mayest thou hear the fatal, melancholy news, the queen is dead. News that must one time or other be heard; the word will certainly come some time or other, to be spoken in the present sense, and to be sure in the time they are spoken in. How can any one then say, that it is improper to ask what shall be our case, what shall we do, or what shall be done with us, If the queen should die?