122
« In the second place, I would beg for a moment Your Lord-ships’ attention to the form of resignation of a benefice. In theold Latin form, (and the modern English is, or ought to be, atranslation of it,) the clerk who tenders his resignation to thebishop, uses these words: — Non vel metu coactus, vel sinistraaliqua machinatione motus, sed ex spontanea voluntate pure ac sim-pliciter resigno et renuntio. Now, if there is any meaning inlanguage, a clerk who has given a general bond of resignationcannot use this form. How is it possible that he can say, he isnot metu coactus, when he is compelled by the terms of his bond;that he is not sinistra aliqua machinatione motus, when he isimpelled to the resignation by all the cogent machinery of thelaw; that he does it ex spontanea voluntate pure ac simpliciter.My Lords, there is no purity, no simplicity, no spontaneity inthe case; or, if any, it is that kind of spontaneity which a manfeels when he delivers his purse to a robber. No, the resignationdoes not proceed from the spontaneous, intrinsic movement of hismind, but from the compulsory extrinsic energy of his bond.
“ I have detained Your Lordships too long. I have risenthus early in the debate, not from any expectation of my opinionhaving weight with any person but myself, but from a wish to forma right judgment; for I hope that some noble Lord will condescendto inform me of the mistakes I may have committed in my rea-soning, for on so novel a subject, it is but too probable thatI have committed many.”
On my sitting down, Lord Sandwich said to me, you willcarry your point. The judgment was reversed. Pro: Canter-bury, York, Winchester, Chichester, Bath and Wells, Salisbury,