House of Commons Journal Volume 10: 8 February 1689

Veneris, 8 die Februarii, 1688.

Prayers.

Vote of Lords declaring the Prince and Princess of Orange King and Queen.

THE Order of the Day being read;

The House took into Consideration the Vote of the Lords, of the 6th of February instant, sent down to this House for their Concurrence.

The Bar to be kept clear.

Ordered, That the Serjeant at Arms do take care to keep the Bar of this House clear from being stopped up, by the Standing of the Members there, who ought to sit in their Places, and attend the Service of the House.

Resolved, Nemine contradicente, That a Committee be appointed to draw up Amendments to the Vote of the Lords, of the 6th Instant, sent down to this House for their Concurrence, upon the Debate of the House.

And it is referred to Sir John Holt, Serjeant Maynard, Mr. Eyres, Mr. Sacheverell, Sir Geo. Treby, Mr. Pollexfen, Sir Rich. Temple, Lord Falkland, Mr. Somers, Sir Rob. Sawyer, Sir Tho. Littleton, Mr. Buscowen, Serjeant Gregory, Mr. Wogan, Mr. Hamden, Mr. Finch, Sir H. Capell, Sir Tho. Lee, Sir Rob. Howard, Mr. Garway, Mr. Paul Foley; or any Three of them: And they are to withdraw immediately into the Speaker's Chamber, for that Purpose.

Declaration of Rights.

Mr. Sommers reports, from the said Committee, That a Difficulty hath arisen amongst them, by reason there will be Occasion to make a Connection of the Amendments of the said Vote of the Lords, to the declaratory Part of the Paper of Heads, Yesterday reported to and passed by the House; and desires the Direction of the House therein.

Resolved, That it be an Instruction to the said Committee, to connex to the said Vote of the Lords, and Amendments thereof, such Part of the Heads, passed this House Yesterday, as are declaratory of ancient Rights; leaving out such Part of the Heads as are introductory of new Laws.

The Forms of the Oaths, Yesterday sent down from the Lords to this House, for their Concurrence, being read;

Resolved, That it be an Instruction to the said Committee, to connex the said Forms of Oaths to the said Heads and Amendments.

Mr. Somers reports from the said Committee, That they having taken the several Matters to them referred into their serious Consideration, had agreed to several Amendments to be made to the said Vote of the Lords, to be reported to the House; and had made the several Connexions directed by the House: All which he read in his Place; and delivered them, in an intire Paper, at the Clerk's Table: Where the same, being once read throughout, and afterwards, Paragraph by Paragraph, were, upon the Question severally put, agreed to by the House; and are as follows:

WHEREAS the late King James the Second, by the Assistance of divers evil Counsellors, Judges, and Ministers employed by him, did endeavour to subvert and extirpate the Protestant Religion, and the Laws and Liberties of this Kingdom,

By assuming and exercising a Power of dispensing and suspending of Laws, and the Execution of Laws, without Consent of Parliament;

By committing and prosecuting divers worthy Prelates, for humbly petitioning to be excused from concurring to the said assumed Power;

By issuing a Commission, under the Great Seal, for erecting a Court, called, the Court of Commissioners for Ecclesiastical Causes;

By levying Money for and to the Use of the Crown, by pretence of Prerogative, for other time, and in other manner, than the same was granted by Parliament;

By raising and keeping a Standing Army within this Kingdom, in time of Peace, without Consent of Parliament;

By causing several good Subjects, being Protestants, to be disarmed;

By violating the Freedom of Election of Members to serve in Parliament;

By causing Informations to be brought and prosecuted, in the Court of King's Bench, for Matters and Causes cognizable only in Parliament: And by divers other arbitrary and illegal Courses:

And whereas of late Years partial, corrupt and unqualified Persons, have been returned and served on Juries in Trials; and, particularly, divers Jurors in Trials for High Treason, which were not Freeholders;

And excessive Bail hath been required of Persons committed in criminal Causes, to elude the Benefit of the Laws made for the Liberty of the Subjects;

And excessive Fines have been imposed;

And illegal and cruel Punishments inflicted;

And several Grants and Promises made of Fines and Forfeitures, before any Conviction or Judgment against the Persons upon whom the same were to be levied:

All which are utterly and directly contrary to the known Laws, and Statutes, and Freedom, of this Realm:

And whereas the said late King James the Second, having abdicated the Government; and the Throne being thereby vacant;

His Highness the Prince of Orange (whom it hath pleased God to make the glorious Instrument of delivering this Kingdom from Popery and arbitrary Power) did, by the Advice of the Lords Spiritual and Temporal, and divers principal Persons of the Commons, cause Letters to be written to the Lords Spiritual and Temporal, being Protestants; and other Letters to the several Counties, Universities, Cities, Boroughs and Cinque Ports, for the Choosing of such Persons to represent them as were of Right to be sent to Parliament, to meet and sit at Westminster upon the 22th Day of January in this Year 1688, in order to such an Establishment, as that their Religion, Laws, and Liberties, might not again be in Danger of being subverted:

Upon which Letters, Elections having been made accordingly;

And thereupon the said
and the Commons, so elected, being now assembled in a full and free Representative of this Nation, taking into their most serious Consideration the best Means for attaining the Ends aforesaid, do in the first Place, (as their Ancestors, in the like Case, have usually done) for the vindicating and asserting their ancient Rights and Liberties, unanimously declare,

That the pretended Power of dispensing or suspending of Laws, or the Execution of Laws, by Regal Authority, without Consent of Parliament, is illegal:

That the Commission for erecting the late Court of Commissioners for Ecclesiastical Causes, and all other Commissions and Courts of like Nature, are illegal and pernicious:

That levying of Money for or to the Use of the Crown, by Pretence of Prerogative; without Grant of Parliament, for longer time, or in other manner, than the same is or shall be granted, is illegal:

That it is the Right of the Subject to petition the King; and all Commitments and Prosecutions for such Petitioning, are illegal:

That the Raising or Keeping a Standing Army within the Kingdom in time of Peace, unless it be with Consent of Parliament, is against Law:

That the Subjects, which are Protestants, may provide and keep Arms for their common Defence:

That Election of Members of Parliament ought to be free:

That the Freedom of Speech and Debates, or Proceedings in Parliament, ought not to be impeached or questioned in any Court or Place out of Parliament:

That excessive Bail ought not to be required, nor excessive Fines imposed, nor cruel and unusual Punishments inflicted:

That Jurors ought to be duly impanelled and returned; and Jurors, which pass upon Men in Trials for High Treason, ought to be Freeholders:

That all Grants and Promises of Fines and Forfeitures of particular Persons, before Conviction, are illegal and void:

And that, for Redress of all Grievances, and for the Amending, Strengthening, and Preserving of the Laws, Parliaments ought to be held frequently, and suffered to sit.

And they do claim, demand, and insist upon, all and singular the Premises, as their undoubted Rights and Liberties; and that no Declarations, Judgments, Doings, or Proceedings, to the Prejudice of the People, in any of the said Premises, ought in any wise to be drawn hereafter into Consequence or Example:

Prince and Princess of Orange declared King and Queen.

Succession to the Crown.

To which Demand of their Rights, they are particularly invited by the Declaration of his Highness the Prince of Orange, as being the only Means for obtaining a full Redress and Remedy therein. Having therefore an intire Confidence that his Highness the Prince of Orange will perfect the Deliverance, so far advanced by him; and will still preserve them from the Violation of their Rights, which they have here asserted, and from all other Attempts upon their Religion, Laws, and Liberties; the said
Commons, assembled at Westminster, do resolve, That the Prince and Princess of Orange be, and be declared, King and Queen of England, France, and Ireland, and the Dominions thereunto belonging; to hold the Crown and Royal Dignity of the said Kingdoms and Dominions to them, the said Prince and Princess, during their Lives, and the Life of the Survivor of them; and that the Administration of the Government be only in, and exercised by, the said Prince of Orange, in the Name of the said Prince and Princess, during their joint Lives: And, after their Deceases, the said Crown and Royal Dignity of the said Kingdoms and Dominions to be, to the Heirs of the Body of the said Princess; and, for Default of such Issue, to the Princess Ann of Denmarke, and the Heirs of her Body; and, for Default of such issues to the Heirs of the Body of the said Prince of Orange:

And they do pray the said Prince and Princess of Orange to accept the same, accordingly:

And that the Oaths hereafter mentioned be taken by all Persons, of whom the Oaths of Allegiance and Supremacy might be required by Law, instead of them: And that the said Oaths of Allegiance and Supremacy may be abrogated.

Oaths of Allegiance and Supremacy.

I A. B. do sincerely promise and swear, that I will be faithful, and bear true Allegiance, to their Majesties King William and Queen Mary. So help me God.

I A. B. do swear, that I do from my Heart abhor, detest and abjure, as impious and heretical, this damnable Doctrine and Position, that Princes excommunicated or deprived by the Pope, or any Authority of the See of Rome, may be deposed or murdered by their Subjects, or any other whatsoever: And I do declare, that no foreign Prince, Person, Prelate, State, or Potentate, hath or ought to have, any Jurisdiction, Power, Superiority, Preheminence, or Authority, Ecclesiastical or Spiritual, within this Realm. So help me God.

Conference desired with Lords.

Resolved, That a Conference be desired with the Lords, touching the Subject Matter of the Two Messages, Yesterday sent down from them to this House; and that Mr. Wharton do go up, and acquaint the Lords with such the Desire of the House.

Mr. Wharton acquaints the House, that, according to their Order, he had attended the Lords; and that they had agreed to a present Conference, in the Painted Chamber.

Resolved, That the said Committee, last-mentioned, do deliver the said Paper of Heads, Amendments, and other Particulars, now agreed to by the House, unto the Lords; and manage the said Conference.

Committees.

Ordered, That all Committees be adjourned.

Adjournment.

The Question being put, that the House be adjourned till To-morrow Morning;

The House divided.

The Noes went out.

And so it was resolved in the Affirmative.

And then the House adjourned till To-morrow Morning, Nine of the Clock.