he number of voices.
The commons still insisted on their own vote, and sent up reasons
why the lords should depart from their amendments. The lords were not
convinced; and it was necessary to have a free conference, in order
to settle this controversy. Never surely was national debate more
important, or managed by more able speakers; yet is one surprised to
find the topics insisted on by both sides so frivolous; more resembling
the verbal disputes of the schools, than the solid reasonings of
statesmen and legislators. In public transactions of such consequence,
the true motives which produce any measure are seldom avowed. The whigs,
now the ruling party, having united with the tories in order to bring
about the revolution had so much deference for their new allies, as not
to insist that the crown should be declared forfeited on account of the
king's maleadministration: such a declaration, they thought, would
imply too express a censure of the old tory principles, and too open a
preference of their own. They agreed, therefore, to confound together
the king's abusing his power, and his withdrawing from the kingdom;
and they called the whole an abdication; as if he had given a virtual,
though not a verbal, consent to dethroning himself. The tories took
advantage of this obvious impropriety, which had been occasioned merely
by the complaisance or prudence of the whigs; and they insisted upon the
word desertion, as more significant and intelligible. It was retorted
on them, that, however that expression might be justly applied to the
king's withdrawing himself, it could not with any propriety be extended
to his violation of the fundamental laws. And thus both parties, while
they warped their principles from regard to their antagonists, and
from prudential considerations, lost the praise of consistence and
uniformity.
The managers for the lords next insisted, that even allowing the king's
abuse of power to be equivalent to an abdication, or, in other words,
to a civil death, it could operate no other-*wise than his voluntary
resignation, or his natural death; and could only make way for the next
successor. It was a maxim of English law, that the throne was never
vacant; but instantly, upon the demise of one king, was filled with his
legal heir, who was entitled to all the authority of his predecessor.
And however young or unfit for government the successor, however
unfortunate in his situation, though he were even a captiv
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