Journal of the House of Commons: Volume 10, 1688-1693. Originally published by His Majesty's Stationery Office, London, 1802.
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Martis, 5 die Februarii, 1688.
Bailing and Escape of Brent.
Ordered, That Sir James Smith do attend this House again, To-morrow Morning, with a Copy of the Commitment of Mr. Brent; and of the Recognizance taken upon his Bailing: And also that Sir Wm. Waller be summoned to attend this House, at the same time, touching the same Matter.
Ordered, That the Keeper of the Compter of the City of London, who had lately in his Custody the Body of Robert Brent, Esquire, by Warrant of Commitment from Sir James Smith, do attend this House To-morrow Morning, at Ten of the Clock; and bring with him the original Warrant of Commitment of the said Mr. Brent.
Lords desire a Conference.
Mr. Speaker, The Lords have commanded us to acquaint the House, That their Lordships do desire a present Conference with this House, in the Painted Chamber, upon the Subject Matter of the last Conference.
Back-door of Speaker's Chamber to be locked.
Ordered, That the Back-door leading into the Speaker's Chamber be from time to time kept locked up, during the Sitting of this House; and the Key to be kept lying on the Table; and not to be delivered out without Leave of the House: And that the Serjeant at Arms do take care to see this Order executed.
Conference with Lords-Amendments to Vote of Abdication.
That he then delivered what the Lords had done, in reference to the Subject Matter of the last Conference; and said, that the Lords did insist upon their first Amendment of the Vote of the House of Commons, of the 28th of January last, instead of the Word "abdicated," to have the Word "deserted;" for these Reasons:
1. Because the Lords do not find, that the Word "abdicate" is a Word known to the common Law of England; and the Lords hope, that 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.
2. Because, in the most common Acceptation of the Civil Law, Abdication is a voluntary express Act of Renunciation, which is not in this Case; and does not follow from the Premises, That King James the Second, by having withdrawn himself, after having endeavoured to subvert the Constitution of the Government, by breaking the Original Contract between King and People, and having violated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 deserted, than abdicated.
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 the Exercise of the Government by King James the Second was ceased, so as that 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, or that the Crown was thereby become elective.
|Tellers for the Yeas,||Sir Jos. Tredenham,||151.|
|Tellers for the Noes,||Mr. Colt,||282.|
Ordered, That it be referred to Sir Rob. Howard, Mr. Hamden, Mr. Polexfen, Sir Hen. Capell, Mr. Paul Foley, Sir Tho. Lee, Sir John Holt, Mr. Sacheverill, Lord Falkland, Major Wildman, Sir Geo. Treby, Col. Birch, Mr. Somers, Mr. Eyres, Mr. Garway, Sir Rich. Temple, Mr. Buscowen, Sir Hen. Goodrick, Sir Tho. Littleton, Mr. Waller, Mr. Palmes, Sir John Guise, to manage the said free Conference.