The Mother of All Revolutions
Robert Spencer 'The Seed of Revolution' 1928 |
Frederic Maitland said in 1887 “we must treat the 1689 Revolution as a revolution, a very necessary and wisely conducted revolution, but still a revolution”. Why? Because … “We cannot work it into our constitutional law”. There was no legal precedent for what happened. On 11 December 1688 James II dropped the great seal into the Thames as he fled to safety in France. It was interpreted that at the moment of discarding the great seal (the symbol of his authority) and leaving his country, James II in effect “abdicated”. But in fact he had not abdicated. Furthermore, a properly constituted parliament was needed to depose or proclaim a king. There was no sitting parliament because James dissolved it in 1688.
The most unconstitutional -- therefore revolutionary -- thing was that a foreign monarch, William Prince of Orange, called the ‘Convention’ that summoned a new parliament into being for the express purpose of proclaiming him, with his English wife Mary, “joint sovereigns”. It was therefore an “irregular assembly” not properly summoned as well as not properly constituted. It excluded half the eligible parliamentarians, and it included ineligible councillors of the city of London. From Maitland’s lawyerly perspective this could only be called a ‘revolution’, though it was a small one effected in a manner that looked more like a legal proceeding than uncivilised rabble revolt. Technically and morally it was made to look a justifiable little revolution. Yet, technically, it was a coup. Had they failed the revolutionaries would have been found guilty of treason. On the other hand, points out Christopher Hill, “the beauty of 1688 was that kings had been changed without the state collapsing, in refutation of Hobbes”.
Michael G. Heller ©2014