ling it fhould take effect, as if ill done. But that it may freely be done, pray leave the Chair, to debate freely the Establishment of the Nation.

The Speaker left the Chair.

[In a Grand Committee.]

Mr Dolben*.] I take leave to remind you of the Order of the Houfe on Monday, "to confider of the State of the Nation;" but not at the fame time to debate the Remedies for the Misfortunes we are fallen under. First, confider the Condition of the Nation, as to that which concerns the Vacancy of the Government, by the absence of the King. I tell you freely my opinion, that the King is demifed, and that James the Second is not King of England. For I lay it down as an undoubted propofition, that, when the King does withdraw himself from the Administration of the Government, without any provifion to fupport the Commonwealth; when, on the contrary, he ftops the use of the Great Seal, by taking it away with him, this amounts to what the Law calls "Demife," id eft, a ceffion; and "demifed" is "deferted the Government." This is evident in Law, as it is evident in Reafon and Authority. The meaning of the word "Demife" is demiffio, laying down; whether actually relinquishing the Government, or paffively by death; in either of which cafes, 'tis "a Demife." In the neceffity of Government, all these cafes have the fame confequences. When the interruption is in the Administration, or 'tis demised; where there is the fame mischief, there must be the fame remedy. 'Tis the fame thing for the King to withdraw his perfon, which makes a Parenthefis in the Government. By withdrawing the Seal, the Chancery ceases, and no Juftice can be obtained. The Common Pleas cannot be poffeffed of any Cause, without an original Writ out of Chancery; and when these fail, the Law fails; and, by confequence, 'tis a Demise, for want of Administrators of the Government; which

* Son to the late Archbishop of York.

the Law cannot fuffer. Qui ceffat regnare cessat judicare. There is one Authority in the Rolls, inftar omnium, in the case of Ed. IV. There was a rumour that the Earl of Warwick advanced towards him; he fled from Nottingham beyond fea; which was a clear Demise, and all proceedings in Westminster-Hall ceafed, and it was judged a Demise. In 14 Henry VI. there are many Refolutions of Caufes difcontinued, by that Demife; remanfit fine die, becaufe le Roi fe demife, in effett felo de fe. Writs of Attachment were difcontinued, because Juftices came not into the country, and the King went beyond fea, without leaving a Lieutenant. The great Oracle of the Law, Judge Littleton, pronounced this departure of Edward IV. a Demise. Perhaps it may be objected, that Edward IV. did return again to the Adminiftration of the Government, and refumed the Government by conqueft, not in a legal way, but by the fword-There are two other Authorities that carry force in them. Edward II. refigned the Crown, but by dureffe; yet he made the Refignation the 25th of January, and immediately it was judged a Demife. Richard IId's Resignation was per minas, yet that was judged a Demise (as in Raftall) Quod recordatum de regimine regni fui fe demifit R. II. &c. Thefe Precedents feem ftronger in our cafe, which is a voluntary departure, without dureffe. But that our King was frighted or forced away, others can better tell; but, by what is notorious to the World, there is a fufficient conviction that it was not Force; but that he did abandon his palace by night, and did go to fea, and was taken and returned again to his own Guards, that Papifts might not raise any disturbance in the apprehenfion of his being detained prifoner. But this weighs moft with me; that it was not probable that he was driven away by Force, when he ftole away from his Guards, and repeated the attempt to be gone. There is the King's Letter to Lord Feverbam, wherein he is obliged to follow the Queen. We have not only our Law in the cafe, but the authority of foreign writers,

writers. By the Civil Law, when the King does voluntarily abandon the Government, 'tis a Demife, and Ceffation of the Government, according to Grotius, and other learned writers, by many Arguments from the Law of God-Grotius lays down fome: Si princeps babet imperium pro direlicto, &c. he is but a private man then, he certainly ceases to be a Prince. Not that he was negligent in the Adminiftration of Government, but did direlict; and we argue well, that a Direliction is a desertion of the Government. Hoffman, the Civilian, fays, " If a Prince relinquishes the Government, he ceases to be a King." Regularly, I muft end with a Motion; which is, that you will pafs a Vote, that it is the Opinion of the Committee, "That King James the Second having voluntarily forfaken the Government, and abandoned and forfaken the Kingdom, it is a voluntary Demife in him."

Sir Richard Temple.] This learned Gentleman has faid enough to convince us, that the gravity of this Committee is great, and that we have liberty to deliver the thoughts in every man's breaft. I fhall farther declare, that the King has endeavoured to destroy the Government of the Nation in Parliaments, by practising to get Votes before they meet, and to turn all out of the Government, who would not comply with him in Corporations to deliver up their Charters. This has been fo notorious, that I fhall not mention where; though it has been the Rights and Privileges of the People, yet they fhall not be chofen till they declare they will deftroy the Government. How has Weftminfter-Hall been tutored, Judges packed for purposes, and turned out, unless they affert power in Kings to difpenfe with the Laws, fo that Westminster-Hall was become an instrument of Slavery and Popery, ordinary Justice destroyed, and extraordinary ways promoted, in that little and short time of the late King James's reign! When a King attempts to destroy the roots of Government, he differs in nothing from a Tyrant. All he has done may be reduced to that head of the deftru&tion

ftruction of the Church, by fufpending the Ecclefiaftical Laws, to destroy all that will not comply with Popery. The mischiefs are fo recent and confpicuous, that, when you come to give Reasons, you will fatisfy the Nation that King James has rendered himself inconfiftent with Government. If there be not a Vacancy, and he has left the Government, what do we do here? He has quitted the Government, without affurance of any thing: He has fuppreffed the Parliament Writs: He has taken away the Great Seal; and here is an àpparent end of the Government. The King is fallen from the Crown, and may think he is under an Obligation of Confcience to break the Laws against Popery. He may fay, "I will never live in that torture:" And if he has faid fo, would any man doubt but that this is a Renunciation of the Government? All his actions have tended this way. If he be recalled, he will do the fame thing again, and tell the World, "This is not from the Lords, but a company of miferable men of the House of Commons, and they may go home again; for the King can do no wrong, nor can forfeit his Crown by Male Administration."-But fuppofe the case were of an Infant, or Lunatic, the Nation may, in that cafe, provide for the Government; and, were the King a perfon that took care of the Government, he would never have left the Nation thus. He has taken none, and therefore it is our duty to do it.

Sir Thomas Lee.] When you have put the Question, "That there is an Avoidance in the Government," then your fecond part is, how to provide for it.

Mr Finch.] The Queftion now is of Vacancy in the Government: That of the Right and Title to fill it up comes too late after the other Question. Your Question is, Whether the Right itself is gone ?

Sir Chriftopher Mufgrave*.] As to the matter of deposing Kings, I shall leave that to the Long Robe, to exercise

*A Gentleman of a noble family in Cumberland, whofe life had been regular, and his deportment

grave. He had loft a Place in King James's time; for though he was always a high Tory, yet he would

not

exercise their abilities upon. I live near a Kingdom (Scotland) where I know not how ill neighbours they will be, if they concur not with your fenfe. I would be clear, whether the intention is to depose the King; and, if he has forfeited his Inheritance to the Crown, I would know from the Long Robe, whether you can depose the King, or no.

Mr Comptroller Wharton*.] I am glad Gentlemen have explained themselves. The Gentleman makes a question, whether the King may be depofed; but, whether he may be depofed, or depofes himself, he is not our King. 'Tis not for mine, nor the interest of most here, that he should come again. Abdication and Direliction are hard words to me, but I would have no loop-hole to let in the King; for I believe not myself nor any Proteftant in England fafe, if you admit him.

Sir Chriftopher Mufgrave.] I believe we are in great danger, fhould the King return again; but I would willingly know the opinion of the Long Robe; and I hope they have that candour and tenderness, that they will clearly give their thoughts in this great and extraordinary affair.

Serjeant Maynard.] I know not the meaning of this, but I am afraid, of a meaning. The Question is not,

not comply with his defigns. He had, indeed, contributed much to increase his Revenue, and to offer him more than he asked; yet he would not go into the taking off the Tefts. Upon the Revolution, the Place out of which he had been turned was given to a man that had a good hare of merit in it. This alienated him from the King; and he, being a man of good judg. ment, came to be confidered as the Head of the Party; in which he found his account fo well, that no offers that were made him could ever bring him over to the King's interefts. Upon many critical occafions, he gave up fome important points, for which the King found

it neceffary to pay him very liberally.

Burnet.

Eldeft fon of Lord Wharton, to which title he fucceeded on his father's death. He was one of the firft of rank who joined the Prince of Orange on his landing, and, upon his advancement to the Throne, had confiderable Places under him, as he had alfo in the reign of Queen Anne, being appointed Lord Lieu.. tenant of Ireland, and created Earl of Wharton, &c. In 1714, he was appointed by King George I. Lord Privy Seal, and foon after was created a Marquefs. He died in 1715, and was father to the late Duke of Wharton.

whether