IT is a Maxim of the Law of England concerning the Government , That there is no Interregnum . Of necessity there must be a Change in the Person , yet there is a Continuation of the Government . Which shews the Prudence and Perfection of the Constitution , in preventing that , which of all things is most deplorable , a Failure of Government . This Rule is therefore of that importance , as not to be given up upon the trivial Saying of Nemo est haeres viventis .

't is true , the common and ordinary cause of a Change in the Person that is invested with the Royal Authority , is Death .

But we are now in a rare and extraordinary Case , where the King is living , and yet may be said to be divested of the Royal Office , as having by his Encroachments upon the Peoples Rights , provoked them to resort to Arms ; and being vanquished by that Force , followed with a total Defection from him , and his relinquishing the Kingdom thereupon , without providing any ways for the Administration of the Government .

This seems to be a Cesser of this Government , and may in Civil and Politick Construction amount to as much as if he had Died .

But because this is a Cess of that nature that requires a Judgment to be made upon it , it seems necessary to have a Convention of the Estates of the Nation , to make a Declaration thereupon ( for 't is not for private Persons to determine in the Cases aforesaid , how or when the King has lost his Government ) and till such Authoritative Declaration made , the King may be supposed in some kind of possession of the Kingly Office .

But after the Judgment made and declared , there seems to be no difference in the consequence and result of the thing , between such an extraordinary case of the Cesser of the Royal Dignity , and the case of Death or voluntary Resignation ; or as if the King had been profess'd and made himself a Recluse in a Religious House .

Then it must devolve upon the next Heir , her Royal Highness the Princess of Orange .

As to the pretended Prince of Wales , if there had been no Suspicions as to his Birth , ( as there are many violent ones ) yet his being conveyed into unknown Places , by Persons in whom no credit can be reposed , and at an Age which exposes him to all manner of Practices and Impostures touching his person ; then can there hereafter be no manner of Certainty of him , so as to induce the Nation ever to consider any Pretence of that kind .

These things being considered ;

First , Whether will not the declaring her Royal Highness Queen of England , as next in Succession , be the surest and best Foundation to begin our Settlement upon ; rather than upon a groundless Conceit of the Government being devolved to the People , and so they to proceed to Elect a King ?

Secondly , If that Conceit of devolving to the People be admitted , Whether must we not conclude , that the Misgovernment of King JAMES the Second , hath not only determin'd his Royalty , but put a period to the Monarchy it self ? And then 't is not only a loss as to his Person , but to the whole Royal Family .

Thirdly , Whether those persons that have started this Notion , upon pretence of giving the Nation an opportunity of gratifying His Highness the PRINCE of ORANGE , in proportion to His Merits ( which it must be acknowledged no Reward can exceed ) if they were searched to the bottom , did not do it rather to undermine this Ancient and Hereditary Monarchy , and to give an Advantage to their Republican Principles , than out of any Affection and Gratitude to His Highness ? For if the latter was that they had the chief respect to , would it not be the more proper way to declare her Royal Highness Queen , which will immediately put the Nation under a regular Constitution and posture of Government ? Then it will be capable of expressing its Gratitude to the PRINCE of ORANGE , in matters touching even the Royal Dignity it self , without making such a Stroke upon the Government , as the Electing of a King , or making any other immediate Alteration in the right of the Monarchy ( before the Parliament is compleated and constituted in all its parts ) must amount unto .