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My Lords, the particular manner of Doing it, is (I take it) not matter in Debate just now before us, till it be settled whether a King can Abdicate at all, or Resign, or Renounce his Kingship at all; this then being granted That a King may Renounce, may Resign, may
Part with his Office, as well as the Exer∣cise of it; then the Question indeed is, Whether this King hath done so, or no?
That he may do it, I take it for gran∣ted, it being an Act of the VVill: Then let us now inquire into the Facts, as set out in the Vote, VVhether this VVill of his be manifest? for that you have heard it may be discovered several ways; the Discovery may be by VVri∣ting, it may be by VVords, it may be by Facts: Grotius himself, and all Au∣thors, that treat of this Matter and the Nature of it do agree, That if there be any Word, or Action that doth suffiti∣ently manifest the Intention of the Mind and Will, to part with his Office; that will amount to an Abdication, or Re∣nouncing.
Now, my Lords, I beg leave to put this Case, That had King James the II. come here into the Assembly of Lords and Commons, and expressed himself in VVriting, or VVords, to this Purpose, I was Born an Heir to the Crown of
England, which is a Government limi∣ted by Laws, made in full Parliament by King, Nobles, and Commonalty; and, upon the Death of my last Prede∣cessor, I am in Possession of the Throne; and, now I find, I cannot make Laws without the Consent of the Lords and Representatives of the Commons in Par∣liament; I cannot suspend Laws that have been so made, without the Con∣sent of my People; this indeed is the Title of Kingship I hold by Original Contract, and the Fundamental Consti¦tutions of the Government, and my Succession to, and Possession of, the Crown; on these Terms is Part of that Contract; this Part of the Contract I am weary of, I do Renounce it, I will not be obliged to Observe it; nay, I am un∣der an invincible Obligation not to com∣ply with it; I will not Execute the Laws that have been made; nor suf∣fer others to be made, as my People shall desire, for their Security in Re∣ligion, Liberty, and Property, which are the Two main Parts of the Kingly Office in this Nation. I say, suppose
he had so exprest himself, doubtless this had been a plain Renouncing of that Legal Regular Title which came to him by Descent: If then he, by Parti∣cular Acts, such as are enumerated in the Vote, has declared as much, or more than these Words can amount to, then he hath thereby declared his Will to Renounce the Government: He hath, by these Acts mentioned, mani∣festly declared that he will not Govern according to the Laws made; Nay, he cannot so doe; for he is under a Strict Obligation, (yea the strictest) and Superior to that of the Original Compact between King and People, to Act contrary to the Laws, or to Suspend them.
By the Law, he is to administer Justice; aand to Execute his Office ac∣cording to the Tenour of those Laws; and, the Coronation Oath obligeth him likewise to consent to such Laws as the People shall choose: But on the contrary, by that unfortunate Perswa∣sion (in Point of Religion) that he
hath Embraced, he is Obliged to Sus∣pend the Laws that defend the Esta∣blished Religion, and to Treat it, as it has been (as we well know) cal∣led, as the Northern Heresy; and, un∣der Pain of Damnation to Extirpate it: And, in order to it, did set aside and Repeal all the legal Fences of it, with∣out Consent of Parliament. What the Endeavours and Practices of that kind have been in the last Reign, I suppose, we are not now to be told of, or Instructed in; and if (as is very Plain) this doth amount to a mani∣fest Declaration of his Will, no longer to Retain the Exercise of his Kingly Office, thus Limitted, thus Restrained, then in common Sence, as well as le∣gal Acceptation, he has suffitiently de∣clared his Renouncing of the very Office: As for his Departure out of the King∣dom, 'tis not material, whether it was Voluntary or Involuntary; but it is suffitient that his Actings declare, quo Animo, he went away, he no longer would pursue what he designed; and was so strongly Obliged unto the con∣trary,
by the Duty of his Office and Relation, and the Obligation of the Original Contract; as likewise his own Coronation Oath, and then he desires no longer to be here.
So that, taking both these things together, that he will not,; nay he cannot (as thus perswaded in Point of Religion) Govern according to Law; and thereupon hath withdrawn him∣self out of the Kingdom: It is a ma∣nifest Declaration of his Express Re∣nouncing and Parting with his Kingly Office: And therefore I cannot depart from insisting upon this word Abdica∣ted, which doth so well correspond to the Fact of the Case, and so well express the true Meaning of the Com∣mons in their Vote: Nor can we Consent to the Postponeing this Point, till the other about The Vacancy of the Throne, be determined; for this is the very Foundation upon which we are to to proceed, for Establishing the Superstructure of the other Conclusion.