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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A37313 The debate at large, between the House of Lords and House of Commons, at the free conference, held in the Painted Chamber, in the session of the convention, anno 1688 relating to the word, abdicated and the vacancy of the throne in the Common's vote. England and Wales. Parliament. House of Lords.; England and Wales. Parliament. House of Commons. 1695 (1695) Wing D506; ESTC R14958 49,640 162

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Conference and said That the Lords did insist upon the First Amendment of the Vote of the House of Commons of the 25th of January last instead of the Word Abdicated to have the Word Deserted 1st Because the Lords do not find that the Word Abdicated is a Word known to the Common Law of England and the Lords hope the Commons will agree to make use of such Words only whereof the Meaning may be understood according to Law and not of such as will be liable to doubtful Interpretations 2dly Because in the most common Acceptation of the Civil Law Abdication is a Voluntary Express Act of Renuntiation which is not in this Case and doth not follow from the Premises That King James the Second by having With-drawn himself after having endeavoured to Subvert the Constitution of the Government by Breaking the Original Contract between King and People and having Violated the Fundamental Laws may be more properly said to have Abdicated than Deserted He said the Lords did Insist on the Second Amendment to leave out the Words And that the Throne is Vacant for this Reason For that although the Lords have agreed that the King has Deserted the Government and 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 Exercise of the Government by King James the Second is Ceased so as the Lords were and are willing to secure the Nation against the Return of the said King into this Kingdom but not that there was either such an Abdication by him or such a Vacancy in the Throne as that the Crown was thereby become Elective which they cannot agree I. Because by the Constitution of the Government the Monarchy is Hereditary and not Elective II. Because no Act of the King alone can Barr or Destroy the Right of his Heirs to the Crown and therefore in Answer to the Third Reason alledg'd by the House of Commons If the Throne be Vacant of King James the Second Allegiance is due to such Person as the Right of Succession doth belong to The Question being put that this House do agree with the Lords in the said First Amendment It passed in the Negative The Question being put that this House do agree with the Lords in the said Second Amendment The House divided The Yea's go forth The Tellers for the Yea's Sir Joseph Tredenham and Mr. Gwyn 151. The Tellers for the No's Mr. Colt and Mr. Herbert 282. And so it was Resolved in the Negative Resolved That a free Conference be desired with the Lords upon the Subject Matter of the last Conference Ordered That it be Referred unto Sr. Robert Howard Mr. Polexfyn Mr. Paul Foley Mr. Serj. Maynard Mr. Serjeant Holt. Lord Faukland Sr. George Treby Mr. Sommers Mr. Garraway Mr. Buscowen Sr. Tho. Littleton Mr. Palmer Mr. Hamden Sr. Henry Capel Sr. Thomas Lee. Mr. Secheveril Major Wildman Collonel Birch Mr. Ayres Sr. Richard Temple Sr. Henry Goodrick Mr. Waller Sr. John Guyes To manage the Conference Ordered That Mr. Dolbin do go up to the Lords and desire a free Conference with the Lords upon the Subject Matter of the last Conference Mr. Dolben Reported That he having according to the Order of this House attended the Lords to desire a Free Conference with their Lordships upon the Subject Matter of the last Conference they had agreed to a Free Conference presently in the Painted Chamber And the Managers went to a Free Conference at the Free Conference in the Painted Chamber Mr. H den MY Lords the Commons have desired this Free Conference from your Lordships upon the Subject Matter of the last Conference that they may make appear unto your Lordships that it is not without suffitient Reason that they are Induced to Maintain their own Vote to which your Lordships have made some Amendments and that they cannot agree to those Amendments made by your Lordships for the same Reasons My Lords the Commons do very readily agree with your Lordships That it is a Matter of the greatest Concernment to the Kingdom in general its future Peace and happy Government and the Protestant Interest both at Home and Abroad that there be a good Issue and Determination of the Business now in Debate between Both Houses and a speedy one as can consist with the Doing of it in the best manner This way of Intercourse between Both Houses by Free Conference where there is full Liberty of Objecting Answering and Replying the Commons think the best Means to attain this End and to Maintain a good Correspondence between Both Houses which is so necessary at all Times but more especially in the present Conjuncture this my Lords will bring Honour and Strength to the Foundation that shall be laid after our late Convulsions and discourage our Enemies from Attempting to Undermyne it It is true my Lords the present Difference between your Lordships and the Commons is only about a few Words but the Commons think their Words so Significant to the Purpose for which they are used and so Proper to the Case unto which they are applyed that in so Weighty a Matter as that now in Debate that 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 pleased to use Desert but not too large to be applyed to all the Recitals in the Begining of the Commons Vote to which they meant it should be applyed Nor ought it to be Restrained to a Voluntary Express Resignation only in Word or Writing Overt-Acts there are that will be significant enough to amount to it My Lords that the Common Law of England is not acquainted with the Word it is from the Modesty of our Law that it is not willing to suppose there should be any Unfortunate Occasion of making use of it And we would have been willing that we should never have had such an Occasion as we have to have Recourse to it Your Lordships next Amendment is that your Lordships have left out the last Words in the Commons Vote And that the Throne is thereby Vacant My Lords the Commons conceive it is a true Proposition and That the Throne is Vacant and they think they make it appear that that is no new Phrase neither is it a Phrase that perhaps some of the old Records may be Strangers to or not well acquainted with But they think it not chargeable with the Consequences that your Lordships have been pleased to draw from it That it will make the Crown of England become Elective If the Throne had been full we know your LordShips would have assigned that as a Reason of your Disagreement by telling us who filled it and it would be known by some Publick Royal Act which might notify to the People in whom the Kingly Government resided