House of Commons Journal Volume 10: 7 February 1689

Jovis, 7 die Februarii, 1688.

Prayers.

Warrant of Brent's Commitment, &c.

ORDERED, That the original Warrant of Commitment of Mr. Brent, brought to this House Yesterday by the Keeper of the Compter of London, be delivered back to him; and that the Copy of the Commitment and Recognizance taken upon the Bailing of Mr. Brent, produced Yesterday by Sir James Smith, do remain with the Clerk of this House.

Declaration of Rights.

Ordered, That the Committee to whom it was referred to distinguish the general Heads of such Things as are absolutely necessary to be considered for the better Securing of our Religion, Laws, and Liberties, as are introductory of new Laws, from those that are declaratory of ancient Rights, and to draw the same into Form, and consider of a Title to put to the same, be revived; and do immediately withdraw into the Speaker's Chamber for that Purpose; and present the same to the House with all convenient Speed.

Taunton Election.

Resolved, That the Hearing touching the Matter of the Election of Burgesses to serve in this present Convention, for the Borough of Taunton, be further proceeded in; and that Counsel for the Parties concerned be called in.

Message from Lords, agreeing to Vote of Abdication.

The Counsel being called in; the Cause was further proceeded in, accordingly: And the House being informed there was a Message from the Lords;

The Counsel withdrew.

A Message from the Lords, by Sir Rob. Atkyns and Sir Edward Nevill;

Mr. Speaker, The Lords have commanded us to let you know, that they have agreed to the Vote you sent them up of the 28th of January last, touching which there was a free Conference Yesterday, without any Alteration.

Taunton Election.

Resolved, That the Counsel be called in; in order to the further proceeding of the Cause.

The Counsel were called in; and the Matter fully heard.

The Counsel withdrew.

And a Debate arising in the House;

The Question was put, That Sir William Portman, and John Sandford, Esquire, the Sitting Members, be duly elected to serve as Burgesses in this present Convention, for the Borough of Taunton, in the County of Somersett.

The House divide.

The Noes go forth.

And so it was resolved in the Affirmative.

Message from Lords.

A Message from the Lords, by Sir Rob. Atkyns and Sir William Dalben;

Mr. Speaker, The Lords have commanded us to acquaint you with a Vote, passed Yesterday the 6th Instant; to which they desire the Concurrence of this House:

Also, That the Lords have thought fit, to draw the Forms of several Oaths, and have commanded us to attend you with them: And there is, at the latter End of the Paper, who should take those Oaths: And their Lordships desire the Concurrence of this House to the same.

And then the Messengers withdrew.

The Vote of the Lords, and the Paper, were severally read, and are as followeth; viz.

"Die Martis, 6 Februarii, 1688."

Prince and Princess of Orange declared King and Queen.

"Resolved, by the Lords spiritual and assembled at Westminster, That the Prince and Princess of Orange shall be declared King and Queen of England, and all the Dominions thereunto belonging."

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.

"That these Oaths be taken by all Persons when tendered to them, of whom the Oaths of Allegiance and Supremacy-be abrogated."

Message from the Lords for Adjournment.

A Message from the Lords, by Sir John Francklyn and Mr. Methwyn;

Mr. Speaker, We are commanded by the Lords to acquaint you, that they have adjourned until Four of the Clock this Afternoon; and that then they intend to sit again.

And then the Messengers withdrew.

Great Marlow Vacancy.

Ordered, That Mr. Speaker do make Application, by his Letter, to his Highness the Prince of Orange, to issue out his Highness's Letter, for the Electing of a Burgess to serve in this present Convention, for the said Borough of Great Marlow, in the room of Sir John Borlace deceased.

And then the House adjourned till Three of the Clock in the Afternoon.

Post Meridiem.

Declaration of Rights.

SIR George Treby reports from the Committee, to whom the same was referred, to distinguish of such Things as are absolutely necessary to be considered, for the better securing our Religion, Laws, and Liberties, as are introductory of new Laws, from those that are declaratory of ancient Rights; and to draw the same into Form, and consider of a Title to put to the same; That they had gone as far as they could; but that, as to the Title, they had not yet prepared the same: And that, as to One of the Heads, viz. "That no Pardons should be pleadable to an Impeachment in Parliament," the Committee had, for divers weighty Reasons, thought fit to omit the same: And what the Committee had prepared, he read in his Place; and afterwards delivered the same at the Clerk's Table: Where being first read throughout, and afterwards, Paragraph by Paragraph, upon the Question severally put, the same were agreed to by the House; and is as followeth:

WHEREAS the late King James the Second, by the Assistance of divers evil Councellors, 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 Tryals; and, particularly, divers Jurors, in Tryals for High Treason, which were not Freeholders;

And excessive Bail hath been required of Persons committed in criminal Cases, 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, thereby, the Throne being vacant;

His Highness the Prince of Orange, (whom it hath pleased Almighty 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 our 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 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 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 Subjects to petition the King, and all Commitments and Prosecutions for such petitioning are illegal:

That the Raising or Keeping of 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 Tryals 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.

And, towards the making a more firm and perfect Settlement of the said Religion, Laws, and Liberties; and for Remedy of several Defects and Inconveniencies; it is proposed and advised by the said Commons, That there be Provision, by new Laws, made in such manner, and with such Limitations, as, by the Wisdom and Justice of Parliament, shall be considered and ordained in the Particulars, and to the Purposes, following; viz.

For repealing the Acts concerning the Militia, and settling it anew;

For securing the Right and Freedom of electing Members of the House of Commons, and the Rights and Privileges of Parliaments, and Members thereof, as well in the Intervals of Parliament, as during their Sitting;

For securing the frequent Sitting of Parliaments;

For preventing the too long Continuance of the same Parliament;

For securing Universities, Cities, and Towns Corporate, and Boroughs, and Plantations, against Quo Warranto's, and Surrenders, and Mandates; and restoring them to their ancient Rights:

None of the Royal Family to marry a Papist:

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 the Maintaining the Protestant Religion, and the Laws and Liberties of this Nation; and the Coronation Oath to be altered:

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;

For regulating Constructions upon the Statutes of Treasons, and Tryals, and Proceedings, and Writs of Error, in Cases of Treason;

For making Judges Commissions, Quamdiu se bene gesserint; and ascertaining and establishing their Salaries, to be paid out of the public Revenue only; and for preventing their being removed or suspended from the Execution of their Offices, unless by due Course of Law;

For better securing the Subjects against excessive Bail in criminal Cases, and excessive Fines, and cruel and unusual Punishments;

For reforming abuses in the Appointing of Sheriffs, and in the Execution of their Office;

For securing the due Impanelling and Returning of Jurors, and preventing corrupt and false Verdicts;

For taking away Informations in the Court of King's Bench;

For regulating the Chancery, and other Courts of Justice, and Fees of Officers;

For preventing the Buying and Selling of Offices;

For giving Liberty to the Subjects to traverse Returns upon Habeas Corpus's and Mandamus's;

For the preventing the Grants and Promises of Fines and Forfeitures, before Conviction;

For redressing the Abuses and Oppressions, in levying the Hearth-money;

And for redressing the Abuses and Oppressions, in levying and collecting the Excise.

A Motion being made, that there might be an Addition to the said Particulars, for a Provision to be made for the settling the Crown, so as no Papist may be admitted thereto;

Resolved, That it be added to the said Particulars, that Provision be made for the Settlement of the Crown, that no Papist may succeed or be admitted thereto; nor any Person that hath made or shall make Profession of being a Papist.

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

The Vote of the Lords, of the Sixth of this instant February, sent down to this House, for their Concurrence, concerning the Declaring the Prince and Princess of Orange King and Queen of England, being read;

Resolved, That this House will take the said Matter into Consideration To-morrow Morning, at Ten of the Clock.

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