The law had made no provision for the case of a minority. The reigning sovereign was not competent to make provision for such a case by will. The legislature only could supply the defect. If James should die before the defect had been supplied, leaving a successor of tender years, the supreme power would undoubtedly devolve on Protestants. Those Tories who held most firmly the doctrine that nothing could justify them in resisting their liege lord would have no scruple about drawing their swords against a Popish woman who should dare to usurp the guardianship of the realm and of the infant sovereign. The result of a contest could scarcely be matter of doubt. The Prince of Orange or his wife, would be Regent. The young King would be placed in the hands of heretical instructors, whose arts might speedily efface from his mind the impressions which might have been made on it in the nursery. He might prove another Edward the Sixth; and the blessing granted to the intercession of the Virgin Mother and of Saint Winifred might be turned into a curse.306 This was a danger against which nothing but, an Act of Parliament could be a security; and to obtain such an Act was not easy. Everything seemed to indicate that, if the Houses were convoked, they would come up to Westminster animated by the spirit of 1640. The event of the county elections could hardly be doubted. The whole body of freeholders, high and low, clerical and lay, was strongly excited against the government. In the great majority of those towns where the right of voting depended on the payment of local taxes, or on the occupation of a tenement, no courtly candidate could dare to show his face. A very large part of the House of Commons was returned by members of municipal corporations. These corporations had recently been remodelled for the purpose of destroying the influence of the Whigs and Dissenters. More than a hundred constituent bodies had been deprived of their charters by tribunals devoted to the crown, or had been induced to avert compulsory disfranchisement by voluntary surrender. Every Mayor, every Alderman, every Town Clerk, from Berwick to Helstone, was a Tory and a Churchman: but Tories and Churchmen were now no longer devoted to the sovereign. The new municipalities were more unmanageable than the old municipalities had ever been, and would undoubtedly return representatives whose first act would be to impeach all the Popish Privy Councillors, and all the members of the High Commission.
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