He faid, The Lords did infift on the fecond AD.168. Amendment, to leave out the Words, And The Prince the Throne is thereby vacant, for this Reafon; of Orange's

For that altho' the Lords have agreed, that Adminithe King has deferted the Government, and ftration. therefore have made Application to the Prince of Orange, to take upon him the Administration of the Government, and thereby to provide for the Peace and Safety of the Kingdom; yet there can be no other Inference drawn from thence, but only that the Exercife of the Government, by King James II, is ceafed; fo as 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 fuch a Vacancy in the Throne, as that the Crown was thereby become elective, which they cannot agree.

1. Because by the Conftitution of the Government, the Monarchy is Hereditary, and not Elective.

2. Because no A&t of the King alone can bar or destroy the Right of his Heirs to the Crown; and therefore, in Anfwer to the third Reafon alledged by the Houfe of Commons, if the Throne be vacant of King James II, Allegiance is due to fuch Perfon, as by the Right of Succeffion it doth belong to.

The Queftion being put, That the House do agree with the Lords in the firft Amendment, it was pafs'd, in the Negative.

The Queftion being put, that the Houfe do agree with the Lords in the fecond Amendment, the Houfe divided. The Yea's go forth. The Tellers for the Yea's, Sir J. Tredenham, and Mr. Gwyn, 151. The Tellers for the No's, Mr. Colt, and Mr. Herbert, 282. And so it was refolved in the Negative. VOL. XXIII

Eee

Re

A.D.168

The Prince

Refolved,

That a free Conference be defired with the

of Orange's Lords, upon the Subject-Matter of the laft Admini- Conference.

ftration.

A free
Confe-

rence de

fired.

Managers for the

Ordered,

That it be referr'd unto Sir Robert Howard, Mr. Polexfen, Mr. Paul Foley, Mr. Sergeant Maynard, Mr. Sergeant Holt, Lord Faulkland, Sir George Treby, Mr. Sommers, Mr. Garraway, Mr. Boscawen, Sir Thomas Littleton, Mr. Palmer, Commons Mr. Hampden, Sir Henry Capel, Sir Thomas Lee, Mr. Sacheverel, Major Wildman, and Colonel Birch, Mr. Ayres, Sir Richard Temple, Sir Henry Goodrick, Mr. Waller, Sir John Guife, to manage the Conference.

at the

Conte

rence.

Ordered,

That Mr. Dolben do go up to the Lords, and defire a free Conference with the Lords, upon the Subject-matter of the laft Conference.

Mr. Dolben reported, That he having (according to the Order of this Houfe) attended the Lords, to defire a free Conference with their Lordships, upon the Subject-matter of the laft Conference, they had agreed to a free Conference prefently in the Painted Chamber; and the Managers went to a free The Con- Conference in the Painted Chamber, which was open'd by Mr. Hampden, with the following Speech.

terence

open'd.

Mr. Hampden. My Lords, the Commons have defired this free Conference from your Lordships upon the Subject-matter of the laft Conference, that they make appear unto your Lordships, that it is not without fufficient Reason, that they are induced to maintain their own Vote, to which your Lordfhips have made fome Amendments, and to which they cannot agree,

It is true, my Lords, the prefent Diffe- 4.D.168: 6 rence between your Lordships and the Com- The Prince mons, is only about a few Words; but the of Orange's Commons think their Words fo fignificant Adminito the Purpose to which they are ufed, and ftration. fo proper to the Cafe unto which they are applied, that in fo weighty a Matter as that now in Debate, they are, by no Means, to be parted with.

The Word abdicated, the Commons conceive, is of larger Signification than the Word your Lordships are pleafed to use, defert; but not too large to be applied to all the Recitals in the Beginning of the Commons Vote, to which they meant it should be applied: Nor ought it to be reftrain'd to a voluntary exprefs Refignation only, in Word or Writing: Overt-Acts there are, that will be fignificant enough to amount to it.

My Lords, That the Common Law of England is not acquainted with the Word, it is from the Modefty of our Law, that it is not willing to fuppofe there fhould be any unfortunate Occafion of making use of it: And we would have been willing, that we < fhould never have had fuch an Occasion as we have to have Recourfe to it. Your Lordships next Amendment is, That your Lordships have left out the laft Words in the Commons Vote, And that the Throne is thereby vacant.

My Lords, The Commons conceive it is a true Propofition, That the Throne is vacant, and they think to make it appear, that this is no new Phrafe; neither is it a Phrafe that the old Records are Strangers to, nor is it chargeable with the Confequences that your Lordships have been pleafed to draw Eee 2

: from

A.D.168

The Prince

of Orange's

Adminiftration.

from it, that it will make the Crown of England become Elective. If the Throne had been full, we know your Lordships 'would have affign'd that as a Reafon of your Difagreement, by telling us who fill'd it; and it would be known by fome publick Royal A&t, which might notify to the People in whom the Kingly Government refided; neither of which has been done, and yet your Lordships will not allow the Throne to be vacant.

Earl of Nottingham. Gentlemen, You of < the Committee of the Commons, we differ 'from you, indeed, about the Words abdicated and deferted, but the main Reafon of the Change of the Word, and Difference, is upon the Account of the Confequence drawn in the Conclufion of your Vote, That the Throne is thereby vacant. What do the Commons mean by that Expreffion? Do you mean it is fo vacant as to null the Succeffion in the Hereditary Line, and fo all the Heirs to be cut off? Which we fay will make the Crown Elective: And it may be fit for us to fettle the Matter firft, and when we know what the Confequence of the Throne being vacant means, in the Vote, as you understand it, I believe we thall be much better able to fettle the Difference about the two Words.

Bishop of Ely. 'Gentlemen, The two Amendments made by the Lords to the · Vote of the Commons, are, as to the Word abdicated, and as to the Vacancy of the Throne. That Abdication may be tacitly by fome Overt-Acts, is very truly alledged out of Grotius : But I defire to know whether Grotius, that great Author, in treat

ing on this Subject, doth not interpofe this 4.D.168. Caution: "If there be a yielding to the The Prince Times, if there be a going away, with a of Orange's Purpose of feeking to recover what is, for Admini"the prefent, left, or forfaken: In plain English, if there were any thing of Force, or juft Fear, in the Cafe, that doth void "the Notion of Abdication."

The Objection of the Lords against the Word abdicated is, that it is of too large a Signification for the Cafe in Hand. It 'feems to be acknowledged, that it reacheth a great Way, and therefore the Lords would have a Word made ufe of, which fignifieth only the Ceasure of the Exercise of a Right: 'If there be fuch a Defect as hath been fpoken of, it must be fupply'd, there is no Queftion of that: And I think we have, by another Vote, declared, that it is inconfiftent with our Laws, Liberties, and 'Religion, to have a Papift to rule over this Kingdom; which I take to be only as to · the actual Exercise and Adminiftration of the Government.

It is Grotius's Diftinction between a Right,' and the Exercife of that Right: And as there is a natural Incapacity for the Exercife, as Sickness, Lunacy, Infancy, doating old Age, or an incurable Difeafe, rendring the Party unfit for human Society, as Leprofy, or the like; fo, I take it, there is a moral Incapacity, and that I conceive to be a full, irremoveable Perfuafion in a falfe Religion, contrary to the Doctrine of Chriftianity; then there must be a Provifion undoubtedly made, for fupplying this Defect in the Exercife, and an intermediate Government taken care for, because 'tis be

: come

ftration.