February 1689

Commons Journal

Lords Journal

Roger Whitley's Diary

History and Proceedings

Grey's Debates

CSPD James II

CSPD William and Mary

CSP, Colonial

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Treasury Papers

House of Lords Journal Volume 14
12 February 1689

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 14: 12 February 1689', Journal of the House of Lords: volume 14: 1685-1691 (1767-1830), pp. 124-127. URL: http://www.british-history.ac.uk/report.aspx?compid=12995 Date accessed: 03 September 2014.


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DIE Martis, 12 die Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

L. Archbp. Yorke.
Epus. London.
Epus. Winton.
Epus. Lincolne.
Epus. Landaffe.
Epus. St. Asaph.
Epus. Gloucest.
Epus. Ely.
Epus. Bath & Wells.
Epus. Norwich.
Epus. Bristoll.
Epus. Chichest.
Epus. St. David's.
D. Norfolke.
D. Somersett.
D. Grafton.
D. Ormond.
M. Winton.
M. Hallifax.
L. Great Chamberlain.
Comes Oxon.
Comes Shrewsbury.
Comes Kent.
Comes Derby.
Comes Rutland.
Comes Huntingdon.
Comes Bedford.
Comes Pembrook.
Comes Suffolke.
Comes Dorsett.
Comes Bridgewat.
Comes North'ton.
Comes Devonsh.
Comes Bristoll.
Comes Clare.
Comes Bollingbrooke.
Comes Westm'l'd.
Comes Manchest'.
Comes Mulgrave.
Comes Rivers.
Comes Stamford.
Comes Winchelsea.
Comes Kingston.
Comes Carnarvan.
Comes Chesterfeild.
Comes Thannet.
Comes Scarsdale.
Comes Bath.
Comes Carlisle.
Comes Craven.
Comes Aylisbury.
Comes Burlington.
Comes Danby.
Comes Sussex.
Comes Macclesfeild.
Comes Berkeley.
Comes Nottingham.
Comes Abington.
Viscount Fauconberge.
Viscount Mordaunt.
Viscount Newport.
Viscount Weymouth.
Viscount Hatton.
Ds. Delawar.
Ds. Morley.
Ds. Grey Ruth.
Ds. Eure.
Ds. Wharton.
Ds. Pagett.
Ds. North & Grey.
Ds. Chandos.
Ds. Brooke.
Ds. Montagu.
Ds. Grey Wer.
Ds. Lovelace.
Ds. Maynard.
Ds. Coventry.
Ds. Howard Esc.
Ds. Herbert.
Ds. Leigh.
Ds. Jermyn.
Ds. Biron.
Ds. Vaughan.
Ds. Ward.
Ds. Colepeper.
Ds. Astley.
Ds. Lucas.
Ds. Lexington.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Delamer.
Ds. Crew.
Ds. Lumbley.
Ds. Dartmouth.
Ds. Godolphin.
Ds. Churchill.
Ds. Griffin.

Marquis de Hallifax Speaker pro Tempore.

Crown-office to be searched, for Proceedings against Peers in criminal Matters.

The Earl of Stamford reported from the Committee for Privileges, "That it is the Opinion of that Committee, that the Memorials and Rolls of the Crownoffice be searched, to see what Proceedings, Rules, or Orders, have been in that Court, against Peers, as to Criminal Matters."

ORDERED, by the Lords Spiritual and Temporal assembled at Westminst. That Mr. Bradbury and Mr. Petytt, Assistants to this House, have Liberty to search in the Crown-office of the King's Bench, to see what may be there found for the Service of this House; and that the Clerks belonging to that Office do assist them herein, and allow, and make out, and deliver Copies or Abstracts of such Records as they shall think fit for the Service of this House, in order to the asserting of the Privileges of the Peers of this Kingdom.

To Sir Samuell Astry, Mr. Harcourt, Mr. Aston, and Mr. Browne, their Deputy and Deputies, and every of them.

Message from H. C. for another Conference.

A Message was brought from the House of Commons, by the Lord Elland and others:

To desire a Conference, upon the Subject-matter of the last Conference.

The Answer returned was:

Answer.

That the Lords will give a Conference, as desired; and do appoint the same to be presently, in the Painted Chamber.

The Commons being come, the House was adjourned, and the Lords went to the Conference.

The same Managers ordered to report this Conference, that managed the last.

The Conference being ended, the House was resumed.

Report of the Conference.

The Marquis of Winchester reported, "That the Commons had agreed to several of the Amendments made by their Lordships in the Declaration; and some they did insist on."

And, after Debate upon the Report, and Consideration of the Commons Reasons reported; the House did agree with the House of Commons in several of their Alterations, and also did insist upon some of their own; and ORDERED, To have a Free Conference, to debate those Particulars wherein they do not agree.

A Clause was agreed on, for enrolling the Declaration in the Parliament-office and Chancery, to be offered at the Conference.

Messages to H. C. to sit a while; and for another Conference.

A Message was sent to the House of Commons, by Doctor Edsbury and Mr. Methwin:

To desire them to sit some Time longer.

A Message was sent to the House of Commons, by Doctor Edsbury and Mr. Methwin:

To desire a present Free Conference, in the Painted Chamber, concerning the Matter of the last Conference.

Answer returned was:

Answer.

That the Commons will give a present Free Conference, as is desired.

The Commons being come, the House was adjourned, and the Managers went to the Conference.

Which being ended, the House was resumed.

Conference reported.

And the Lord Delamer reported, "That they had delivered to the Commons the Resolutions of this House, as commanded."

Proclamation of the K. and Q.

A Form of a Proclamation was read, and Agreed to; and ordered to be sent to the Commons, for their Concurrence.

Message from H. C. that they agree to the Declaration.

A Message was brought from the House of Commons, by the Lord Faulkland and others:

To let this House know, that the Commons agree with the Alterations delivered to them at the last Free Conference in the Declaration, and also in the Order for the Enrolment of it.

Declaration concerning the oppressive and illegal Measures of the late King; and for the Prince and Princess of Orange to be King and Queen.

"The Declaration of the Lords Spiritual and Temporal, and Commons, assembled at Westminster.

"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 with 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, and causing to be executed, 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; and quartering of Soldiers contrary to Law.

"By causing several good Subjects, being Protestants, to be disarmed, at the same Time when Papists were both armed and employed contrary to Law.

"By violating the Freedom of Election of Members to serve in Parliament.

"By Prosecutions 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 Cases, to elude the Benefit of the Laws made for the Liberty of the Subjects.

"And excessive Fines hath been imposed.

"And illegal and cruel Punishments inflicted.

"And several Grants and Promises made of Fines and Forfeitures, before any Conviction or Judgement 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 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, Cities, Universities, 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 Westminst. upon the Two and Twentieth 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 accordingly made:

"And thereupon the said Lords Spiritual and Temporal and Commons, pursuant to their respective Letters and Elections, 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, Declare,

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

"That the pretended Power of dispensing with Laws, or the Execution of Laws, by Regal Authority, as it has been assumed and exercised of late, 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 and keeping a Standing Army within this Kingdom, in Time of Peace, unless it be with Consent of Parliament, is against Law.

"That the Subjects which are Protestants may have Arms for their Defence, suitable to their Condition, and as allowed by Law.

"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 impannelled 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 they do claim, demand, and insist upon, all and singular the Premises, as their undoubted Rights and Liberties; and that no Declarations, Judgements, 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.

"To all which Demand of their Rights they are particularly encouraged, 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 entire Confidence that His said 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, Rights, and Liberties:

"The said Lords Spiritual and Temporal and Commons, assembled at Westminster, do Resolve,

"That William and Mary, 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 sole and full Exercise of the Regal Power be only in, and executed by, the said Prince of Orange, in the Names 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 Anne of Denmarke, and the Heirs of her Body; and for Default of such Issue, to the Heirs of the Body of the said Prince of Orange.

"And the said Lords Spiritual and Temporal and Commons 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 be abrogated:

Oaths, instead of those 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, &c.

"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 Potentatc, hath, or ought to have, any Jurisdiction, Power, Superiority, Pre-eminence, or Authority Ecclesiastical or Spiritual, within this Realm.

"So help me God, &c."

To be enrolled.

It is ORDERED, by the Lords Spiritual and Temporal and Commons now assembled at Westminster, That this Declaration be engrossed in Parchment, and enrolled among the Records of Parliament, and recorded in Chancery.

Message to Prince and Princess of Orange, to know when they will be attended.

A Message was sent to the Prince of Orange (and the Princess of Orange, if come), by his Grace the Duke of Norfolke, to know what Time both Houses may wait on them with their Declaration, whether To-morrow or on Thursday next.

Message to H. C. for a Conference about the Proclamation.

A Message was sent to the House of Commons, by Doctor Edsbury and Mr. Methwin:

To desire a present Conference, in the Painted Chamber, touching a Proclamation which the Lords have agreed on.

Then the House named these Lords following, to be Managers of this Conference:

Comes Bridgewater.
Comes North'ton.
Comes Mulgrave.
Comes Rivers.
Comes Stamford.
Comes Kingston.
Comes Macclesfeild.
Vicecomes Newport.
L. Bp. London. Ds. Ward.
Ds. Delamer.
Ds. Vaughan.

Answer returned was:

Answer.

That the Commons will give a Conference, as desired.

Conference reported.

The Commons being come, the House was adjourned, and the Managers went to the Conference.

Which being ended, the House was resumed.

And the Earl of Kingston reported, "That they had delivered the Proclamation, as they were commanded by the House."

Message from H. C. that they agree to the Proclamation.

A Message was brought from the House of Commons, by the Lord Colchester and others:

To let their Lordships know, that they have agreed to the Form of the Proclamation, with a small Amendment.

The Amendment was read, and Agreed to.

"A Proclamation.

Proclamation for the Prince and Princess of Orange to be King and Queen.

"Whereas it hath pleased Almighty God, in His great Mercy to this Kingdom, to vouchsase us a miraculous Deliverance from Popery and arbitrary Power; and that our Preservation is due, next under God, to the Resolution and Conduct of his Highness the Prince of Orange, whom God hath chosen to be the glorious Instrument of such an inestimable Happiness to us and our Posterity; and being highly sensible and fully persuaded of the great and eminent Virtues of her Highness the Princess of Orange, whose Zeal for the Protestant Religion will no Doubt bring a Blessing along with her upon this Nation; and whereas the Lords and Commons now assembled at Westm. have made a Declaration, and presented the same to the said Prince and Princess of Orange, and therein desired them to accept the Crown, who have accepted the same accordingly: We, therefore, the Lords Spiritual and Temporal, and Commons, together with the Lord Mayor and Citizens of London, and others of the Commons of this Realm, do, with a full Consent, publish and proclaim, according to the said Declaration, William and Mary Prince and Princess of Orange to be king and Queen of England, France, and Ireland, with all the Dominions and Territories thereunto belonging; who are accordingly so to be owned, deemed, accepted, and taken, by all the People of the aforesaid Realms, and Dominions, who are from henceforward bound to acknowledge and pay unto them all Faith and true Allegiance; beseeching God, by whom Kings reign, to bless King William and Queen Mary with long and happy Years to Reign over us.

"God save King William and Queen Mary."

They will be attended by the Houses.

The Duke of Norfolke reported, "That the Prince and Princess of Orange have appointed To-morrow Morning, at Ten of the Clock, for both Houses to wait on them."

Message to H. C. to acquaint them with it; and that the Lords agree to their Amendments in the Proclamation.

A Message was sent to the House of Commons, by Doctor Edsbury and Mr. Methwin:

To let them know, that the Prince and Princess of Orange hath appointed To-morrow, at Ten of the Clock in the Forenoon, for both Houses to wait on them; and to let them know, that they have agreed to the Amendment in the Proclamation, and to let them know that this House intends to meet here To-morrow, at Eight of the Clock, in order to go in a Body to wait on the said Prince and Princess, with their Declaration.

The Answer returned was:

Answer.

That the Commons do agree with the Lords; and they will be ready to go with their Lordships Tomorrow Morning.

Adjourn.

Marq. de Hallifax, Orator Procerum pro Tempore, declaravit præsen. Convent. continuandum esse usque in diem Mercurii, videlicet, 13um diem instantis Februarii, 1688, hora octava Aurora, Dominis sic decernentibus.