66

..

66

"legally Call'd, freely Elected, and held without Con- 1688. ftraint; And that none might defpaer of his Mercy, he declar'd on the Word of a King, that "his Pardon fhould be extended even to thofe that betray'd him, (fome few excepted) refolving "in that Parliament, by an Act of Oblivion, to cover all Faults. This Letter the Lord Preston fent to the House of Commons, directed to their Speaker; but the Houfe being inform'd that it came from the late King, they did not think fit to take notice of it, and rejected it unopen'd. A Copy of the fame Letter being fent likewife to the House of Lords, addrefs'd to the Marquis of Hallifax, fome of that Affembly were for opening it, but others oppos'd it; and 'twas refolv'd, that the Lord Prefton fhould be fent for. His Lordship appear'd accordingly, own'd that the Letter was brought to him by a Scotchman, and was order'd to attend the Houfe with the Bearer; but his Lord-* Feb. 4 fhip was never call'd in on the day appointed, nor any farther notice taken of the Letter.

*

The Commons being met on the 28th of Janua ry, they proceeded to take into Confideration the State and Condition of the Nation, and the House refolv'd it felf into a Committee of the whole Houfe, of which Mr. Hamden was chofen Chairman. The first that stood up was Mr. Dolbin, Son to the late Archbishop of York, who made a long Speech, tending to prove, that the Throne of England was vacant, King James the Second, both by his Violation of the Laws, and his voluntary deferting thefe Kingdoms, having forfeited his Right, and Abdicated the Government. A Member of the oppofite Party made a fmart Reply, to that unexpected Affertion, That the Throne was vacant. Whereupon Sir Richard Temple ask'd him, If the Throne were not vacant, what Bufinefs they had in that place, and what need there was of calling a Convention? Sir Richard made a very Eloquent Speech to back Mr. Dolbin's Pofition which occafion'd a Debate of four or five hours, which being ended, the House made the following Vote, perhaps the most remarkable in all our Records. Refolved,

X 3

1632.

declar'd

Vacant.

Refolved, That King James the Second, having enThe Throne deavour'd to fubvert the Conftitution of the Kingdom, by breaking the Original Contract between King and People; and by the Advice of Jeluits, and other wickJan. 28. ed Perfons, having violated the Fundamental Laws, and withdrawn himself out of the Kingdom, bas Abdicated the Government, and that the Throne is thereby Vacant.

The Party of thofe who were for inviting King James to return, did not find themfelves ftrong enough to divide the Houfe; however the chief of them, fuch as Sir Edward Sr, Sir Robert S-7, Mr. F, Sir Chriftopher Me, the Lord Fw, &c. did vigoroully oppose the pailing of that Vote. Among the reft Mr. Fb made a long Speech, extolling, with his ufual Eloquence, the Courage, Conduct, and Magnanimity of the Prince of Orange, whom he compar'd to thofe Ancient Heroes, that were contented with the Glory of freeing Nations, and destroying Tyrants, without any defign upon their Crowns. But, notwithftanding all the fir this Party could make, the fore, mention'd Vote was immediately fent up to the Debates of Lords for their Concurrence.

th Lords Upon the 29th of January the Lords began to concerning confider the Vote of the Houfe of Commons, with the vacan- a great deal of Circumfpection, and being refolv'd e of the into a Committee of the whole Houfe, of which

Thr.ne.

the Earl of Danby was Chairman, the first Motion was made not to agree with the Commons, that the Throne was vacant, but only to fuppofe it, leaving it to be farther examined afterwards, in order to cut short feveral other Questions, by determining this first, Whether the Throne being vacant, it ought to be fill'd up by a Regent or a King? This Queftion was debated with a great deal of Learning and Skill, and not a little Warmth: Among the rest the Earl of Nottingham fetch'd many Arguments from our English Story to fupport his Opinion for a Regency, adding a fresh Inftance from Portugal, where Don Pedro had only the Title of Regent

conferr'd upon him whilft his Depos'd Brother was alive. This Speech of the Earl of Nottingham had a great influence on the Houfe, and would have been follow'd by the Majority, had not the Marqiufs of Halifax and the Earl of Danby ftrenuously oppos'd it; fo that the Queftion being put to the Vote, si were for a King, and 49 only for a Regency, viz. The Dukes of Sommerfet, Ormond, Southampton, Grafton, Beaufort and Northumberland; The Earls of Kent, Pembroke, Clarendon, Rockefter, Craven, Westmorland, Scarfdale, Chesterfield, Litchfield, Yarmouth and Lindsey Viscount Weymouth; The Lords Coventry, Brook, Leigh, Ferrars, Maynard, Chandois, Fermin, Arundel of Trevife, Dartmouth, Godolphin, Griffin, and five more; The Archbishop of York; the Bishops of Norwich, Winchifter, Ely, St. Afaph, Bath and Wells, Peterborough, Chichefier, Rechefter, St. Davids, Oxford, Glocefter, and Lincoln. The Earls of Huntingdon and Mulgrave did not appear in the Houfe, not to be ungrateful to King James. My Lord Churchil kept at home upon fome Indifpofition, or as fome thought because he would not give his Vote in fo Critical an Affair, wherein he muft either difoblige the Prince of Orange, or the Princefs of Denmark. As for the Archbishop of Canterbury, he was really Indifpos'd; but had he been in the Houfe, he would certainly have Voted for the Regency; fo that of all the Bifhops. none but thofe of London and Bristol were for a King. However this Party was foon after fortified by four Dukes, viz. the Duke of Ormond, and the three Natural Sons of King Charles II. Whilft the Lords were debating that Preliminary Queftion, the Commons paft a Vote, declaring that Popery was inconfiftent with the English Conftitution, and excluding for ever all Roman Catholicks from the Succeflion to theCrown of England, to which the Houfe of Peers gave their Concurrence; and Propos'd withal to add a Claufe, That no King of England fhould Marry a Roman Catholick.

1685.

1685.

The next day the Lords went farther upon the Vote of the Houfe, and put this Queftion, Whether Jan. 30. or no there was an Original Contract between King and People which Queition occafion'd many hot Dif putes, not a few maintaining, that Kings held their Crowns by Divine Right; which others as warmly denied, afferting, that all Power Originally belong'd to the Community, and to the King only by Mutual Compact. Thereupon the Houte being divided, 53 were for this laft Pofition and 46 only for the Negative; by which it appear'd, that the Party that were for a Regency began to lofe Ground. The next Queftion was, Whether King James had broke that Original Contract? which after a fmall debate was carried in the Affirmamade by, tive. The laft day of January their Lordships took the Lords into Confideration the Word Abdicated, and concluded that Defented was more proper. They next of the Cormons, examin'd the Word Vacant, and put this Queftion,

Amend

ments

to the Vote

Whether King James having broke that Original Contract between him and his People, and deferted the Government, the Throne was thereby Vacant? This Question was debated with more Heat and Contention than any of the former, and upon a Divifion, the High Churchmen, who maintain'd, that it be ing a Maxim of our Law, That the King never dies, and therefore that the Throne can never be faid to be Vacant, carried the Negative of the Queftion by eleven Voices. From this fome prefently inferr'd, that the Crown was devolv'd upon the next Heir, and mov'd that the Prince and Princefs of Orange fhould be declar'd King and Queen, which was alfo carried in the Negative by five Voices. The next day their Lordships agreed to Communicate their Refolutions to the Houfe of Commons, but before they rofe, feveral Peers, particularly the Marqueffes of Halifax and Winchester, the Earls of D by and D----fhire, the Lord D..---re, and others, to the number of Forty, enter'd their Proteftations against the Vote of the day before, viz, That the Throne was not Vacant.

On the 2d. of February the Lords fent a Meffage to the Commons by Sir Miles Cook and Mr. Meth

the Lords

ments.

win, two Mafters of Chancery, to acquaint them that 1683. they had confider'd of their Vote of the 28th. of January laft, to which their Lordships concurr'd, with these two Amendments; firft, inftead of the Word Abdicated, they would have Deferted be put in; and thefe Words, And that the Throne is thereby Vacant, to be left out. The Commons having confider'd of thefe Amendments, it was carried by a great Majority, that a Committee fhould be Appointed to draw up Reafons, why that House Reasons of Could not concur with their Lordfhips, which were the Comas follows: That to the first Amendment the Commons mons why did not Agree, because the Word Deferted, did not ful- theydid nos ly express the Conclufion neceffarily inferr'd from the concur with Premifes, which their Lordships had agreed to, viz. Amend That King James the Second had endeavour'd to Subvert the Conftitution of the Kingdom, by breaking the Original Contract between King and People, and had Violated the Fundamental Laws, and withdrawn himfelf out of the Kingdom: That the Word Deferted refpected only the withdrawing, but the word Abdicated refpected the whole, for which purpurpose the Commons made choice of it. That the "Commons could not Agree to the Second Amendment, to leave out the Words, "And that the Throne is thereby vacant, Firft, Because they conceiv'd, that as they might well infer from fo much of their own Vote as their Lordships had agreed unto, That King James the Second had Abdicated the Government, and that the Throne was thereby vacant, fo that if the Commons fhould admit their Lordships Amendment, that he had only Deferted the Government, yet even thence it would follow, that the Throne is vacant, as to King James the Second; Deferting the Government, being in true Conftruction, Deferting the Throne. 2dly, That the Commons conceiv'd they needed not prove to their Lordships, that as to any other Perfon the Throne was alfo vacant; Their Lordships, as the Commons conceiv'd, having already admitted it, by their Addrefling the Prince of Orange, to take upon him the Administration of Publick Affairs, &c. and by Appointing Days of Publick Thanksgiving to be obferv'd throughout the whole Kingdom, all which the Commons conceiv'd to