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"who were to take by Lineal Succeffion, tho' they 1683. "did not, or could not, pofitively name the parti-U "cular Perfon. The Earl of Nottingham urg'd: "That if the Lords fhould grant a Vacancy as to "the King himself, they were then told, that the 66 next Heir in Succeflion could not take, because no one could be Heir to one alive; That yet he thought the Answer given by the Lords was a very good one, That tho' the King was not dead 66 naturally, yet if, as they inferr'd, he was fo civilly, "the next of Course ought to come in as by Hereditary Succeffion; for he knew not any distinction be<< tween Succeffors in the Cafe of a Natural Death, "and thofe in cafe of a Civil one: That he would "know if the next Heir fhould be set aside, and "another put in, whether that King fhould be King of England to him, and his Heirs, and fo being once upon the Throne, the ancient Lineal "Succellion be alter'd, which indeed would fuffi66 ently make the Kingdom Elective, by taking it "from the Right Heir: That if it was not fo, then "he ask'd, whether fuch King as fhould be put in, fhould be King only during King James's "Life? That, he fuppos'd, was not the Meaning "of the Commons; but, at leaft, he must be made

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a King during his own life; that then if there 66 was a distinction made, as to the Succeffion, be"tween a Natural and a Civil Death, if King James "fhould die during the Life of the new King, "what would become of Hereditary Monarchy ? "Where must the Succeffor come in, when the next Heir to King James might not be next Heir to the prefent Succeffor? That therefore they "muft reduce all to this Point, whether this would not make the Kingdom Elective? That if they "made it once Elective, 'twas enough to make it "ever fo. for he would be bold to fay, they could "not make a stronger Tye to obferve that kind of "Succeffion, than what lay upon them to preferve "it in this Cafe. He added, that if the Throne "was vacant, he would know, whether they were oblig'd to fill it: That if they were, they must fill it either by the old Laws, or by the Humour of

"thofe

16820 thofe that were to chufe. That if they fill'd it by the old Laws, they declar'd that it was an Hereditary Kingdom, and they were to take the next Succeffor, to whom the Succeffion would be"long, and there would be no need of ftanding

upon a Vacancy: That if they were to fill it "according to the Humour of the Times, that "diverted the Courfe of Inheritance; and that he "could not fee by what Authority they could do "that, or change the ancient Conftitution, without "committing the fame Fault they had laid upon the King.

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But, faid he, if you pleafe to fuppofe the Throne "Vacant as to King James, that is, that he has no "Right, then let us go on to the next step. Mr. Sa"cheveril replied, that all their Business was to maintain, that the Throne was vacant: And Mr. Somἐσ mers added, that the Lords alledg'd as a Reafon against the Word Abdicate, that it was not a word "known in our Law, but that the word Vacant could "not have that Objection made to it, fince it was "in our Records, and even apply'd in a parallel "Cafe to this, in 1 Hen. IV. The Earl of Rochester "Anfwer'd: That as that was the only Precedent "for the word Vacant, yet it was attended with "this very confequence that it would make the Monarchy Elective; for it being there declar'd, that the Royal Seat was Vacant, immediately "did follow an Election of Henry IV. who was $6 not next in the Royal Line. The Earl of Cla"rendon purfued this Argument and faid: That it

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was plain in that Cafe K. Richard II. had abfo. "lutely refign'd, renounc'd or abdicated in Writing under his own Hand; that after that, the "Parliament being then fitting, they did not think "it fufficient to go upon, becaufe that Writing "might be the effect of Fear, and be not Volun66 tary; that thereupon they proceeded upon a

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formal Depofition upon Articles, and then came "in the claim of Henry IV. that this was undoubt "edly an Election; tho' he was really the next "Heir, viz. The Earl of March, not appearing, Henry IV. claim'd it as his undubitable Right, "being the next Heir that then appear'd. That

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"all

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"all the Kings that were thus taken in (or elect- 168 <c ed, but the Election was not of God's Approbation,) fcarce paft any one Year in any of "their Reigns without being disturb'd in the Pof"feflion; that Henry IV. himfelf did not care to ow the Crown to the Election, but claim'd it as "his Right; that it was a plaufible Pretence, and kept him and his Son upon the Throne; bur "that in time of his Grandfon, Henry VI. there was 66 an utter overthrow of all his Title and Poffeffion too, for Edward IV. all the Proceedings a"gainst Richard II. as well as all the reft of the "Ats during the Ufurpation, (as that Record "rightly calls it) were annull'd, repeal'd, revok'd, "revers'd, and all the words imaginable us'd to "fet thofe Proceedings afide, as illegal unjust "and unrighteous. That that Act deduc'd the Pe

*

digree of the Royal Line, from Henry III. to "Richard II. who died without Iffue; and then "Henry IV. (fays the Act) ufurp'd; but that the "Earl of March, upon the Death of Richard II. "and confequently Edward IV. from him was un"doubted King by Conscience, by Nature, by "Custom and by Law. Sir Robert Howard re- Sir Ro <6 ply'd: He would not fay that this Record of bert Ho "Henry IV. is not a Precedent of Election; for ward. "the Parliament did not much mind his Claim, "knowing that he claim'd by Defcent, where "there was a Perfon that had a Title before him; "that the Commons did not doubt but that Power "which brought in another Line then, upon the "Vacancy of the Throne by the Leafion of Ri"chard II. was ftill, according to the Constitu"tion, refiding in the Lords and Commons, "and was Legally fufficient to fupply the "prefent Vacancy; that he would ask the Que

tion of any Lord there, whether had there "been an Heir to whom the Crown had qui"etly defcended in the Line of Succeffion, and "this Heir certainly known, their Lordfhips would "have Affembled without his Calling, or would "have either Adminiftred the Government themfelves, or advifed the Prince of Orange to have

"taken

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168. "taken it upon himfelf? That he doubted they "had been all Guilty of High-Treafon, by the "Laws of England. if a known Succeffor of the "Throne were in Poffeilion of the Throne, as he "must be if the Throne were not Vacant. That "from hence their Lordships faw, that the difficulty in this matter arofe from this, That they "would not agree the Throne to be Vacant,when they knew of none that poffefs'd it; That fome "fuch thing had been pretended to as an Heir Male, of which there were different Opinions, and in the mean time they were without a Government. Muft we ftay, faid he, till the Truth of the Matter be found out?What fall we do to preferve our Conftitution, while we are without a fefe or legal Anthority to At under the fame according to that Conftitution, and in a little time it will, perhaps, through the distraction of our Conftitution be utterly irremediable. He confeft it would be a difficult thing to go upon the Examination who was Heir, or elfe their Lordships. would have explain'd themselves before. But, added he, it not being clear, muft we always remain thus? Ufe what Words you will, fill up, or nominate, or elect, it is the thing we are to take care of,and 'tis high time it were done. There is no Juch Confequence to be drawn from this Vote, as an intention or a likelyhood of altering the Courfe of the Government so as to make it Elective; The Throne has all along defcended in an Hereditary Succeffion, the main Conftitution has been preferv'd. The Precedent of Henry IV. is not like that of Elections in other Countries; and I am forry there should be any occafion for what is necessary to be done now; but when fuch Difficulties are upon the Nation, that we cannot extricate our felves out of, as to the Lineal Succeffor, your Lordships, I hope, will give us leave to remember, Salus Populi eft Suprema Lex. And if neither you nor we can do any thing in this Cafe. We, who are met under the Notion of a Convention of the States, have then met to no purpose, for after we have Voted our felves to be without Government,(which looks as if fomething were really intended as to a Settlement) all prefently finks, and we are as much in the dark as we were before. Your Lordships

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Lordships fay, you will ne're make a Precedent of Electi- 168. on, or take upon you to alter the Succeffion. With your Lordships Favour, the Settlement of the Conftitution is the main thing we are to look after. If you provide for the Supply of the Defect there, that point of the Succeffion will, without all Question, in the fame Method, and at the fame time be furely provided for. But, my Lords, have not you your felves limited the very Succeffion, and cut off some that might have a Lineal Right? Have you not concurr'd with us in our Vote, That it is inconfiftent with our Religion and our Laws to have a Papist to Reign over us? Muft we not come then to an Election, if the next Heir be a Papist? Nay, Suppose there were no Proteftant Heir at all to be found, would not your Lordships then break. the Line? If your Lordships then in such a Cafe, must break through the Succeffion, I think the Nation has reason to expect you should take care to supply the prefent Defect, where the Succeffion is uncertain, or what can we do farther,but even part in Confufion,and fo leave the Nation to extricate it felf as well as it can out of this Distraction. But then at whofe Doors that will lie, I must leave to your Lordships own Thoughts. This Speech had a great Influence, and little was faid on the Lords fide in oppofition to it: And becaufe their Lordships has made use of theRecord I.Edward IV. to affert the Lineal Succeffion, Sir George Treby faid, "That it was very well known, that Ed"ward IV. came in Difaffirmance of the Title of "the Houfe of Lancaster; That as those times went "whenever there was any turn in Government

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(as there were feveral) there were new and con"trary Declarations about the Title to the Crown, "made conftantly in Parliament;and what one Par"liament fettled, another undid : But then that this "Advantage the Commons had on their fide; that

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as they had this first Precedent for them, fo they "had the laft, viz. the Parliament Roll I. Henry "VII. 12. 16. where the Record is set right again; "That the Act for depofing Richard II. was in"deed repeal'd by I. Edward IV. and thereupon it proceeds to attaint Henry VI. But then came in “Henry VII. in the first Year of whofe Reign there

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Was