House of Commons Journal Volume 10: 2 February 1689

Sabbati, 2 Februarii, 1688.

Prayers.

Truro Election.

COLONEL Birch reports from the Committee of Elections and Privileges, to whom the Merits of the double Return of Members to serve in this present Convention, for the Borough of Truro in the County of Cornwall, was referred, That the Committee, having taken the same into their Consideration, had agreed upon Two Resolves, to be reported to the House: Which he read in his Place; and afterwards delivered them in at the Table: Where the same being read, are as followeth:

Resolved, That it is the Opinion of this Committee, That Henry Slade, at the Time of the Election of Burgesses to serve in this present Convention, for the Borough of Truroe in the County of Cornewall, in pursuance of his Highness the Prince of Orange's Letter, was the proper Officer who had Right to make Return of Burgesses to serve for the said Borough.

Resolved, That it is the Opinion of this Committee, That Sir Henry Ashurst, and Henry Vincent, Esquire, are duly returned to serve in this present Convention, for the Borough of Truro.

The First of the said Resolves being read a Second time;

Resolved, That this House doth agree with the Committee, That Henry Slade, at the Time of the Election of Burgesses to serve in this present Convention, for the Borough of Truroe in the County of Cornewall, in pursuance of his Highness the Prince of Orange's Letter, was the proper Officer who had Right to make Return of Burgesses to serve for the said Borough.

The Second Resolve being read a Second time;

Resolved, That this House doth agree with the Committee, That Sir Henry Ashurst, and Henry Vincent Esquire, are duly returned, to serve in this present Convention, for the Borough of Truroe.

Answer of Archbishops to Thanks.

Mr. Leveson Gower acquaints the House that he, together with Mr. Auditor Done, having, according to the Order of the House, attended the Archbishops of Canterbury and Yorke with the Thanks of this House to the Clergy of the Church of England, who have preached and written against Popery, and have refused to read, in their Churches, the King's Declaration for Toleration, in Opposition to the pretended dispensing Power claimed in the late Reign of King James the Second; and have opposed the illegal Ecclesiastical Commission; their Graces were pleased to return an Answer to this Effect:

That they do for themselves, and in the Behalf of the Clergy, return their hearty Thanks to this House for their favourable Vote; and will, as is desired, communicate the same to the Clergy concerned, in their respective Provinces.

Abbingdon Election.

Ordered, That Leave be given to Sir John Stonehouse, or such as he shall appoint, to have Recourse to all the Poll Books, and other Books and Papers, which are in the Hands of the Overseers of the Poor of the Borough of Abbingdon; and all other Books relating to the Election of a Burgess to serve in this present Convention, for the said Borough; and that he have Copies of the same, if desired. And Thomas Medlicot, Esquire, a Member of this House, is to have the same Liberty.

Declaration of Rights.

Sir Geo. Treby reports from the Committee appointed to bring in the General Heads of such Things as are absolutely necessary to be considered, for the better Securing of our Religion, Laws, and Liberties, that the Committee, having taken into Consideration the Matters to them referred, had agreed upon several Heads for that Purpose: Which he read in his Place; and afterwards delivered them in at the Clerk's Table: Where being once read throughout; and a Second Time, one by one; the same, after some Amendments made to some of them at the Table, were, upon the Question severally put, agreed to by the House; and are as followeth:

1. The pretended Power of dispensing or suspending of Laws, or the Execution of Laws, by Regal Prerogative, without Consent of Parliament, is illegal.

Agreed.

2. 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.

Agreed.

3. 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 shall be so granted, is illegal.

Agreed.

4. It is the Right of the Subjects to petition the King: And all Commitments and Prosecutions for such petitioning, are illegal.

Agreed.

5. The Acts concerning the Militia are grievous to the Subject.

Agreed.

6. The raising or keeping a Standing Army within this Kingdom in time of Peace, unless it be with the Consent of Parliament, is against Law.

Agreed.

7. It is necessary for the publick Safety, that the Subjects, which are Protestants, should provide and keep Arms for their common Defence: And that the Arms which have been seized, and taken from them, be restored.

Agreed.

8. The Right and Freedom of electing Members of the House of Commons; and the Rights and Privileges of Parliament, and Members of Parliament, as well in the Intervals of Parliament, as during their Sitting; to be preserved.

Agreed.

9. That Parliaments ought to sit frequently, and that their frequent Sitting be secured.

Agreed.

10. No Interrupting of any Session of Parliament, till the Affairs, that are necessary to be dispatched at that time, are determined.

Agreed.

11. That the too long Continuance of the same Parliament be prevented.

Agreed.

12. No Pardon to be pleadable to an Impeachment in Parliament.

Agreed.

13. Cities, Universities, and Towns Corporate, and Boroughs, and Plantations, to be secured against Quo Warrantos, and Surrenders, and Mandates; and restored to their ancient Rights.

Agreed.

14. None of the Royal Family to marry a Papist.

Agreed.

15. Every King and Queen of this Realm, at the Time of their entering into the Exercise of their Regal Authority, to take an Oath for maintaining the Protestant Religion, and the Laws and Liberties of this Nation; and that the Coronation Oath be reviewed.

Agreed.

16. Effectual Provision to be made for the Liberty of Protestants in the Exercise of their Religion, and for uniting all Protestants in the Matter of publick Worship, as far as may be.

Agreed.

17. Constructions upon the Statutes of Treason, and Trials, and Proceedings, and Writs of Error, in Cases of Treason, to be regulated.

Agreed.

18. Judges Commissions to be made Quamdiu se bene gesserint; and their Salaries to be ascertained and established, to be paid out of the publick Revenue only; and not to be removed, nor suspended, from the Execution of their Office, but by due Course of Law.

Agreed.

19. The requiring excessive Bail of Persons committed in criminal Cases, and imposing excessive Fines, and illegal Punishments, to be prevented.

Agreed.

20. Abuses in the Appointing of Sheriffs, and in the Execution of their Office, to be reformed.

Agreed.

21. Jurors to be duly impannelled and returned, and corrupt and false Verdicts prevented.

Agreed.

22. Informations in the Court of King's Bench to be taken away.

Agreed.

23. The Chancery, and other Courts of Justice, and the Fees of Offices, to be regulated.

Resolved, That this be an additional Head; viz.

24. That the Buying and Selling of Offices, may be effectually provided against.

Resolved, That this be another additional Head;

25. That upon Return of Habeas Corpus's, and Mandamus's, the Subject may have Liberty to traverse such Returns.

Resolved, That this be another additional Head;

26. That all Grants of Fines and Forfeitures are illegal and void; and that all such Persons as procure them, be liable to Punishment.

Resolved, That this be another additional Head;

27. That the Abuses and Oppressions in levying and collecting the Hearth-money, be effectually redressed.

Resolved, That this be another additional Head;

28. That the Abuses and Oppressions in levying and collecting the Excise, be effectually redressed.

A Message from the Lords, by Sir Miles Cooke and Mr. Methwyn;

Lords Amendments to Vote of Abdication.

Mr. Speaker, The Lords have considered of the Vote of this House, of the 28th of January last; to which they concur with Amendments; unto which Amendments their Lordships desire the Concurrence of this House.

Mr. Speaker, The Lords have considered of the Vote of this House, of 29th of January last, in the Words following; viz. "Resolved, That it hath been found by Experience to have been inconsistent with the Safety and Welfare of this Protestant Kingdom, to be governed by a Popish Prince;" and their Lordships do unanimously concur therein with this House.

And then the Messengers withdrew.

Truroe Return amended.

The Clerk of the Crown being called in, amended the Return for Truroe, by taking off, from his Highness the Prince of Orange's Letter, the Certificate, whereby John Tredenham and John Manley, Esquires, were returned.

Speaker's Chamberand Gallery to be cleared.

The House being informed, That divers Persons, not being Members of this House, were in the Speaker's Chamber, and Gallery; and that the Serjeant at Arms attending this House is detained, by Sickness, from the Service of the House;

Ordered, That the Clerk of this House do go up, and clear the Speaker's Chamber and Gallery from Strangers, and lock up the Back-door; and that the Key thereof be laid on the Table.

Thetford Election.

A Petition of the Mayor, Burgesses, and Commons, of the Borough of Thetford in the County of Norfolke, complaining of an undue Election and Return of Members to serve in this present Convention, for the said Borough, was read.

Ordered, That the said Petition be referred to the Consideration of the Committee of Elections and Privileges; to examine the Matter thereof, and report the same, with their Opinions therein, to the House.

Lords Amendments to Vote of Abdication.

The Amendments, made by the Lords, to the Vote sent up to them from this House, the 28th of January last, were read; and are as follows:

L. 8. Instead of the Word " abdicated," read "deserted."

L. 9. And leave out these Words, "and that the Throne is thereby vacant."

The First Amendment, viz. Leave out the Word " abdicated," and insert the Word " deserted," being read a Second time;

The Question being put, that this House do agree with the Lords in the said Amendment;

It passed in the Negative.

The other Amendment, of leaving out the Words "and that the Throne is thereby vacant," being reada Second time;

The Question being put, that the House do agree with the Lords in the said Amendment;

It passed in the Negative, Nemine contradicente.

Resolved, That a Committee be appointed to prepare and bring in Heads of Reasons to be offered at a Conference with the Lords, touching the Disagreement of this House to the Amendments proposed by the Lords to be made to the Vote of this House of the 28th of January last, which was sent up to the Lords, for their Concurrence.

And it is referred to Mr. Hamden, Mr. Serj. Maynard, Lord Falkland, Mr. Polexfen, Sir Tho. Littleton, Mr. Dalben, Sir Wm. Williams, Mr. Somers, Mr. Harbord, Mr. Tipping, Earl of Wiltshire, Col. Birch, Mr. Garway, Sir Tho. Lee, Sir Hen. Capell, Mr. Sacheverell, Mr. Leveson Gowre, Sir Robert Howard, Sir John Guise, Sir Rich. Temple, Mr. Palmes, Mr. Eyres, Mr. Buscowen, Sir Geo. Treby, Major Wildman, Sir John Holt, Sir Thom. Clarges; or any Three of them, to draw up the same: And they are to meet at Five of the Clock this Afternoon, in the Speaker's Chamber.

And then the House adjourned till Monday Morning next, Nine of the Clock.