Aapo 4 Jac. II. tion of the Word, I fhall fhew your Lordships out of the 1688-9 beft Authors.

The first I fhall mention is Grotius, de Jure Belli & Pacis, L. 2. c. 4. §. 4. Venit enim hoc non ex jure civili, fed ex jure naturali, quo quifque fuum poteft abdicare, & ex naturali præfumptione qua voluiffes, qui creditur, quod fufficienter fignificavit. And then he goes on, recufari hæreditas non tantum verbis, fed etiam re poteft, & quovis indicio voluntatis.

Another Inftance, which I fhall mention, to fhew that for the abdicating a thing, it is fufficient to do an Act which is inconfiftent with the retaining it, tho' there be nothing of an express Renunciation, is out of Calvin's Lexicon Juridicum, where he fays, generum abdicat, qui fponfam repudiat: He that divorceth his Wife, abdicates his Son-in-Law. Here is an Abdication without exprefs Words; but is by doing fuch an Act as doth fufficiently fignify his purpose.

The next Author, that I fhall quote, is Briffonius de verborum fignificatione, who hath this Paffage, Homo liber qui feipfum vendit, abdicat fe ftatu fuo; that is, He who fells himfelf, hath thereby done fuch an Act as cannot confift with his former Estate of Freedom: and is therefore properly faid, fe abdicaffe ftatu fuo.

Budæus in his Commentaries ad legem fecundam de origine juris, expounds the Words in the fame fenfe, abdicare fe magiftratu, eft idem quod abire penitus magiftratu: He that goes out of his Office of Magiftracy, let it be in what man◄ ner he will, has abdicated the Magiftracy.

•And Grotius in his Book de jure belli & pacis, L. 1. C.4. §.9. feems to expound the Word abdicare, by manifefte habere pro derelicto: that is, That he who hath abdicated any thing, hath fo far relinquifhed it, that he hath no right of Return to it. And that is the Senfe the Commons put upon the Word. It is an entire Alienation of the thing; and fo ftands in oppofition to dicare: Dicat qui proprium aliquod facit; abdicat qui alienat, fo fays Pralejus in his Lexicon furis. It is therefore infifted upon as the proper Word by the Com

mons.

But the Word deferted (which is the Word ufed in the Amendment made by your Lordships) hath not only a very doubtful Signification; but in the common Acceptance both of the civil and canon Law, doth fignify only a bare withdrawing, a temporary quitting of a thing, and Neglect only, which leaveth the Party at liberty of returning to it again. Defertum pro neglecto, fays Spigelius in his Lexicon : But the Difference between deferere and derelinquere, is exprefly laid down by Bartolus, upon the 8th Law of the 58th Title of the 11th Book of the Code; and his Words are thefe, nota diligenter, ex hac lege, quod aliud eft agrum deferere,

I

aliud

aliud derelinquere; qui enim derelinquet, ipfum ex pænitentia non Anne 4 Jac. II. revocat: fed qui deferet, intra biennium poteft.

"Whereby it appears, my Lords, that that is called Defertion, which is temporary and relievable: That is called Dereliction, where there is no power or right to return.

So in the beft Latin Authors, and in the civil Law, De ferere exercitum is used to fignify Soldiers leaving their Colours; Cod. Lib. 12. §. 1.

And in the Canon Law to defert a Benefice, fignifies no more than to be non-refident; fo is Calvin's Lexicon, Verb. Defert. fecund. Canones.

In both cafes, the Party hath not only a right of return Ang, but is bound to return again: Which, my Lords, as the Commons do not take to be the prefent cafe, fo they cannot think that your Lordships do: because it is exprefly faid, in one of your Reasons given in defence of the last Amendment, That your Lordships have been, and are willing to fecure the Nation against the Return of King James; which your Lordships would not in Juftice do, if you did look upon it to be no more than a negligent withdrawing, which leaveth a liberty to the Party to return.

For which Reafons, my Lords, the Commons cannot agree to the firft Amendment, to infert the Word deferted, inftead of abdicated; because it doth not, in any fort, come up to their fenfe of the thing: So, they do apprehend, it doth not reach your Lordships Meaning, as it is expreffed in your Reasons; whereas they look upon the Word abdica ted, to exprefs properly what is to be inferred, from that Part of the Vote to which your Lordships have agreed, That King James the fecond, by going about to fubvert the Conftitution, and by breaking the Original Contract be tween King and People, and by violating the fundamental Laws, and withdrawing himself out of the Kingdom, hath thereby renounced to be a King according to the Conftitution, by avowing to govern by a defpotic Power, unknown to the Conftitution, and inconfiftent with it; he hath renounced to be a King according to the Law, fuch a King as he fwore to be at his Coronation, fuch a King to whom the Allegiance of an English Subject is due; and hath fet up another kind of Dominion, which is to all intents an Abdication, or abandoning of his legal Title, as fully as if it had been done by exprefs Words.

And, my Lords, for thefe Reasons the Commons do infift upon the Word abdicated, and cannot agree to the Word deferted."

1688-9.

My Lords, I am commanded by the Commons to affift Mr. Serj. Holt. in the Management of this Conference, and am to speak to

E e 2

the

Anno 4 Jac. II. the fame point that the Gentleman did, who spoke last to your Lordships first Amendment.

1688-9.

As to the first of your Lordships Reafons, for that Amendment, (with Submiffion to your Lordships) I do conceive it not fufficient to alter the Minds of the Commons; or to induce them to change the Word abdicated, for your Lordships Word deferted.

Your Lordships Reafon is, That it is not a Word that is known to the Common Law of England. But, my Lords, the Question is not fo much, whether it be a Word as ancient as the common Law, (though it may be too) for that will be no Objection against the ufing it, if it be a Word of a known and certain Signification; because that, we think, will justify the Commons making use of it, according to your Lordships own Expreffion.

That it is an ancient Word, appears by the Authors that have been quoted, and it's frequently met with in the beft of Roman Writers, as Cicero, &c. and by the Derivation from dico, an ancient Latin Word.

That now it is a known English Word, and of a known and certain Signification with us, I will quote to your Lordfhips an English Authority, and that is the Dictionary fet forth by our Countryman Minfhew, who hath the Word abdicare as an English Word, and fays that it fignifies to renounce, which is the Signification the Commons would have of it: So that I hope your Lordfhips will not find fault with their using a Word that is fo ancient in itself, and that hath fuch certain Signification in our own Language.

Then, my Lords, for that Part of your Lordships Objection, That it is not a Word known to the common Law of England, that cannot prevail; for your Lordships very well know, we have very few Words in our Tongue that are of equal Antiquity with the common Law; your Lord fhips know the Language of England is altered greatly in the feveral Succeffions of Time, and the Intermixture of other Nations; and if we fhould be obliged to make use only of Words then known and in ufe, what we should deliver in fuch a Dialect would be very difficult to be understood.

Your Lordships fecond Reason, for your firft Amendment in changing the Word abdicated for the Word deferted, is, Because in the most common Acceptation of the civil Law, Abdication is a voluntary exprefs Act of Renunciation. That is the general Acceptation of the Word, and, I think, the Commons do fo ufe the Word in this cafe, because it hath that Signification: But I do not know, whether, your Lordfhips mean a voluntary exprefs Act or formal Deed of Renunciation: If you do fo, I confefs I know of none in this Cafe. But, my Lords, both in the common Law of England,

and

1

1688.9.

and the civil Law, and in common Underftanding, there Anno 4 Jac. II. are exprefs Acts of Renunciation that are not by Deed; for if your Lordships please to obferve, the Government and Magiftracy is under a Truft, and any acting contrary to that Truft is a renouncing of the Truft, though it be not a renouncing by formal Deed: For it is a plain Declaration, by Act and Deed, though not in Writing, that he who hath the Truft, acting contrary, is a Difclaimer of the Truft; efpecially, my Lords, if the actings be fuch as are inconfiftent with, and fubverfive of this Truft: For how can a Man, in Reason or Sense, exprefs a greater Renunciation of a Trust, than by the conftant Declarations of his Actions to be quite contrary to that Truft?

This, my Lords, is fo plain, both in Understanding and Practice, that I need do no more but repeat it again, and leave it with your Lordships, That the doing an Act inconfiftent with the Being and End of a thing, or that shall not answer the End of that thing, but quite the contrary, that fhall be conftrued an Abdication and formal Renunciation of that thing.'

Gentlemen, you of the Committee of the Commons, Earl of Notwe differ from you indeed about the words abdicated and tingham. deferted; but the main Reason 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; that is, what the Commons mean by that Expreffion? Whether 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 that 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 shall much better be able to fettle the difference about the two Words,'

My Lords, when there is a prefent Defect of one to Mr. Serjeant exercife the Administration of the Government, I conceive, Maynard. the declaring a Vacancy, and provifion of a fupply for it, can never make the Crown elective.

The Commons apprehend there is fuch a Defect now; and, by confequence, a prefent Neceffity for the fupply of the Government; and that will be next for your Lordships Confideration, and theirs afterwards.

If the attempting the utter Deftruction of the Subject, and Subverfion of the Conftitution, be not as much an Abdication, as the attempting of a Father to cut his Son's Throat, I know not what is.

My Lords, the Conftitution, notwithstanding the Vaeaney, is the fame; the Laws that are the Foundations and

Rules

Annó 4 Jac. II. Rules of that Conftitution are the fame: But if there be, 1688-9. in any particular inftance, a breach of that Conftitution, that will be an Abdication, and that Abdication will infer a Vacancy.

Lord Bishop of
Ely.

Mr. Serjeant
Maynard.

Lord Bishop of
Ely.

It is not that, the Commons do fay, the Crown of England is always and perpetually elective; but it is more neceffary that there be a Supply where there is a Defect, and the doing of that will be no alteration of the Monarchy, from a fucceffive one to an elective.'

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 abdicated may be tacitly by fome Overt-Acts, that Gentleman, (I think I may name him without Offence) Mr. Somers, very truly did alledge out of Grotius: But, I defire to know, whether Grotius, that great Author, in treating on this Subject, doth not interpofe this Caution, If there be a yielding to the Times: If there be a going away, with a purpose of feeking to recover what is, for 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: I fpeak nor of Male-Administration now, of that hereafter."

But, my Lords, that is not any part of the Cafe declared by the Commons in thisVote, when the whole Kingdom, and the Proteftant Religion, our Laws and Liberties, have been in danger of being fubverted, an Enquiry muft be made into the Authors and Inftruments of this Attempt; and if he, who had the Adminiftration intrusted to him, be found the Author and Actor in it, what can that be, but a Renunciation of his Truft, and confequently his Place thereby vacant?

My Lords, Abdication (under favour) is an English word; and, your Lordships have told us, the true Signification of it is a Renunciation. We have indeed, for your Lordships Satisfaction, fhewn its meaning in foreign Authors; it is more than a deferting the Government, or leaving it with a purpofe of returning. But we are not, I hope, to go to learn English from foreign Authors; we can, without their Aid, tell the meaning of our own Tongue.

"If two of us make a mutual Agreement to help and defend each other from any one that should affault us in a Journey, and he that is with me turns upon me and breaks my Head, he hath, undoubtedly, abdicated my Affiftance and revoked the faid Agreement.'

"The Objection of the Lords against the Word abdicated is, That it is of too large a fignification 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 (by the acknowledgment of that learn.

ed