1688-9.

the Commons in their Vote: Nor can we confent to the Anno 4 Jac. 11. poftponing this Point, till the other, about the Vacancy of the Throne, be determined; for this is the very Foundation upon which we are to proceed, for eftablishing the Superftructure of the other Conclufion.'

1

This learned Gentleman that spoke laft, fays, it is ne- Earl of Notceffary to prefer the Premifes before the Conclufion, as be- tingham. ing the Foundation to the Superftructure. Truly, I apprehend, that this Word abdicated was Part of the Conclu fion, and not of the Premises; the Vote runs thus, That by breaking the Original Contract, having endeavoured to fubvert the Conftitution of the Kingdom, and having withdrawn himself out of the Kingdom, he has abdicated the Government, and the Throne is thereby vacant.'

¢

I take it to be (as I fay) Part of the Conclufion, the other Part being joined by a Copulative; therefore that which is but the other Part of the Conclufion, is not to be inferred from the other Part of the Premises. But take it to be (as you fay,) That the Vacancy of the Throne is another diftinct Conclufion from all that preceded, as the Premises, and therefore it is to be confidered laft.' I would then beg the Favour of you, Gentlemen of the Houfe of Commons, to answer me one Question about this Point of Abdication: Whether you mean by Abdication, a Renouncing for himself, or for himself and his Heirs?

If you mean only Abdication for himself, it will have a different Influence upon the Debate and Refolution of the Cafe, as to the Meaning of that you call the Conclufion ; for then, How can the Throne be vacant?

But if it be meant for himself and his Heirs, then I apprehend it is no more than what you fay at the End, That the Throne is indeed vacant; and then this Abdication cannot be Part of the Premifes, but must be the fame thing with, or Part of the Conclufion. I will not undertake to difpute, Whether a King of England may, or may not renounce his Kingdom. For my own Part, I think he can, and I may go fo far in Agreement with thofe that have fpoken to this Point, to yield that he may do it by implicit Acts, contrary to the Kingly Office.

For a King to fay, he will not govern according to Law; and for a King to act wholly contrary to Law; and do that which would fubvert the Conftitution, is (I think) the fame Thing.

But then I muft fay alfo, That I think there is a Difference between faying fo, and doing fomething inconfiftent with what the Laws require; for every Deviation from the Law is a kind of Breach of the fundamental Laws: for I know no Law, as Laws, but what are fundamental Constitu TOME II.

Gg

tions;

Anno 4 Jac. II. tions; as the Laws are neceffary, so far as to fupport the 1638-9. Foundation.

Sir George
Treby.

But if every Tranfgreffion, or Violation, of the Law, by the Prince's Connivance or Command, were fuch a Breach of the fundamental Laws, as would infer an Abdication, then were it in vain to call any of his Minifters or Officers to account for any fuch Action.

Then the Action is the King's, and not theirs; and then adieu to the Maxim of a King's not doing wrong: And we may have recourfe to that other Refpondent Superior, as more effectual Satisfaction.

'I take this Matter to be fo plain, as to the diftinction that I have mentioned, that nothing can be more: and it has been thought fo effentially neceffary to have it clear and manifeft, that thofe two great Inftances of Edward the Second, and Richard the Second, were exprefs folemn Renunciations, and those confirmed in Parliament by the Lords and Commons, by the Act of depofing them.

6.

Therefore I cannot infer from the Facts enumerated in the Vote, That this should be an Abdication for himself and his Heirs.

But therefore, becaufe in this firft point it is difputable what is meant by a Word not of known fignification in the Law, it might, I think, do well to confider, what is to be inferred from it: And therefore all I have now faid is only to this purpose, that either both make one Conclufion, or elfe the latter cannot be inferred from the former.'

I beg leave to fay fomething to what this noble Lord has laft fpoke unto: When I call'd this point of the Vacancy of the Throne a Conclufion, I did not mean altogether to exclude Abdication from being a Conclufion from the Particulars enumerated before; for, indeed it is in the nature of a double Conclufion: One, from the particular Facts mentioned, that thereby King James has abdicated the Govern

ment.

The other, from the Abdication, that thereby the Throne is vacant: By the inftanced Acts, he hath abdicated the Government; and by his abdicating the Government, the Throne is vacant. As to the reft of that which his Lordfhip is pleased to say, I perceive he does (as he muft) agree with me, that a King may renounce by Acts, as well as Words, or Writings.

6

But then I would add, and agree with his Lordship alfo, That God forbid, every Violation of the Law, or deviation from it, fhould be reckon'd an Abdication of the Government. I defire to deliver myfelf from the imputation of any fuch abfurd Conceit.

⚫ When

1688-9.

When a King breaks the Law in fome few particular Anno 4 Jac. I I. Inftances, it may be fufficient to take an Account of it from those evil Minifters that were inftrumental in it, why fuch a thing was done, which was against the Laws? Why fuch a Law was not executed by them, whose duty it was to fee it put in execution? You may, in ordinary Cafes of breaking the Law, have remedy in the ordinary Courts and Courfe of Juftice.

But fure! he does not take this to be fuch a Cafe, or these to be ordinary Violations of the Law: and therefore in extraordinary Cafes, the extraordinary Remedy is to be recurred unto; for the King having a limited Authority, by which he was obliged to keep the Laws made, as to the executive part of the Government, and to obferve the Conftitution for making fuch new Laws as the People should find neceffary, and prefent him for his confent; when he doth violate, not a particular Law, but all the Fundamentals; not injure a particular Perfon in Religion, Liberty or Property, but falls upon the whole Conftitution itself, what doth all this fpeak?

He therein faith, I will no more keep within my limited Authority, nor hold my Kingly Office upon fuch terms.

This Title I had by the Original Contract between King and People; I renounce that, and will affume another Title to myfelf: that is, fuch a Title, as by which I may act as if there were no fuch Law to circumfcribe my Authority.

Where fhall any Man come to have Redress in fuch a Cafe as this, when the Malefactor comes to be party, unto whom all applications for Relief and Redrefs from injuries fhould be made, and fo he himfelf fhall be a judge of his own breaches of Law? This moft apparently was the Cafe as to the Quo Warranto's, which was a plain Design to fubvert the Conftitution in the very Foundation of the Legislature.

It is because the King hath thus violated the Conftirution, by which the Law ftands, as the Rule both of the King's Government, and the People's Obedience, that we fay, he hath abdicated and renounced the Government; for all other particular Breaches of the Law, the Subject may have Remedy in the ordinary Courts of Juftice, or the extraordinary Court of Parliamentary Proceedings: But where fuch an Attempt as this is made on the Effence of the Conftitution, it is not we that have brought ourselves into this State of Nature, but those who have reduced our legal well-establish'd Frame of Government into fuch a State of Confufion, as we are now seeking a Redress unto.'

Earl of Ro

The Lords have given their Reasons why they altered the Word abdicated; because it is a Word not known to chefter. the common Law, and of doubtful fignification: Therefore it would be well if the Commons would pleafe to exprefs

Gg 2

their

Anno 4 Jac. II. their own Meaning by it. I believe my Lords would be 1688-9. induced to agree, that the King hath abdicated, that is, renounced the Government for himself, if you mean no farther than that; and if you do fo, why fhould you not be pleafed to explain yourselves, that every one may know how the Matter ftands, and to preferve a good Correfpondence between both Houfes, in fuch a Juncture and Conjunction as this?

Mr. Hampden.

Mr. Sacheve

rel.

But if you do mean any thing more by it than Abdication for himfelf-only, tho' their Lordships fhould agree to the ufing of the Word abdicated; yet this would prove a greater Argument against their agreeing in the other point, about the Vacancy of the Throne: Therefore we would be glad to have you explain yourfelves what you mean by it.' Then there was a little paufe.

If the Lords have nothing further to offer upon this point, it will be fit for us to go on to the other Amendment made by the Lords to our Vote.'

No Lord offering to fpeak, the Commons proceeded to the fecond Amendment.

My Lords, your Lordfhips fecond Amendment to the Commons Vote, (to wit, to leave out the Words, and that the Throne is thereby vacant) the Houfe of Commons cannot agree with your Lordships to that Amendment; and they do conceive they have many and great Reasons why they fhould not do it.

But, my Lords, they very much wonder how it comes here to be laid upon them (as it seems to be, by one of your Lordships Reafons) that they, by ufing thofe Words of Abdication and Vacancy, fignify an Intention of making an Alteration of the Conftitution of the Government.

I would not mifreprefent your Lordfhips Words, or mifreprefent your Meaning: But you are pleafed to fay, that you cannot agree to fuch an Abdication or Vacancy, as that the Crown fhould thereby become elective: As if the Commons had thoughts of making the Kingdom elective, when no fuch thing was either meant by them, or can be deducted from their Words.

But, my Lords, one Reafon why they differ from you is, they think (upon the Nature of your Proceedings) they are in the right, to infift upon their Vote, as they fent it up to your Lordships: And they conceive, as to all the Reafons your Lordships have been pleafed to give them for your Alterations, not one of them hath fo much Argument in them, as they might well expect.

The Commons Reafon for their difagreeing to this Amendment was, because they conceive (that, as they may well infer) from so much of their own Vote, as your Lordhips have agreed unto, That King James the fecond hath

abdicated

abdicated the Government; and that the Throne is thereby Anno 4 Jac. II. vacant: So if they fhould admit your Lordships Amend1688-9. ments, that he hath only deserted the Government, yet, even thence would follow, It's vacant as to King James the fecond: Deferting the Government being, in true Conftruction, deferting the Throne.

Now, to this they do defire, that your Lordships will confider and fee, whether you give any Answer to this Reason, or rather, whether you do not leave the Matter ftill in the dark; and (in truth) leave the Nation in a perpetual State of War.

Your Lordships anfwer to that, that altho' you have agreed, that the King has deferted the Government, and therefore you have made application to the Prince of Orange, to take upon him the Administration of the Government, and thereby provide for the Safety and Peace of the Kingdom; yet there can be no Inference drawn from thence, but only that the Exercife of the Government by King James the fecond was ceated: fo, as that the Lords were, and are willing, to fecure the Nation against the Return of the faid King into this Kingdom; but not that there was either fuch an Abdication by him, or Vacancy in the Throne, as that the Crown thereby became elective; to which they cannot agree. I defire now to know of your Lordships, what Part of this Reafon hath given an answer to what the Commons faid in their firft Reafon; that they may very well conclude from their own Vote, as to what your Lordfhips have therein agreed to, that the Throne is vacant, as to King James the fecond; deferting the Government, and deferting the Throne, being, in true Conftruction the fame. Inftead of answering this Reafon, your Lordships come and apply it here, only to a bare giving over the Exercise of the Government by King James: And, pray, my Lords, let us confider where we are.

If the cafe be fo, then King James the fecond, who has only left the Exercise, continues in the Office, and is King still; and then all the Acts that we have done in this Convention, are wholly (as we conceive) not justifiable; you are in no Place or Station to relieve yourselves, or Nation, in this Exigence; unless you will think of fetting up another Regency by your own Authority, without his Confent; which, I conceive, by the Laws of England, you cannot

do.

• What then follows upon all we have done? We have drawn the Nation into a Snare, by the Steps we have taken; and leave all in fuch an intricacy, as we have no power by Law, to deliver them out of; nor can we answer

for