Veneris, 8 die Februarii, 1688.
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
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
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
And thereupon the said
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,
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
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
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
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
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
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
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.
Ordered, That all Committees be adjourned.
The Question being put, that the House be adjourned
till To-morrow Morning;
The House divided.
The Noes went out.
|Tellers for the Noes,
||Sir Rowland Gwyn,
|Tellers for the Yeas,
||Sir Hen. Goodrick,
And so it was resolved in the Affirmative.
And then the House adjourned till To-morrow
Morning, Nine of the Clock.