House of Commons Journal Volume 10: 12 February 1689

Martis, 12 die Februarii, 1688.

Prayers.

Lords Amendments to Declaration of Rights, &c.

MR. Sommers reports from the Committee to whom it was referred, the Amendments drawn up, upon the Debate of the House, to the Amendments proposed by the Lords to the Paper of Heads, or Declaration, delivered to their Lordships at a Conference Yesterday; and also, the Reasons why this House doth not agree with the Lords in those, and several of the Amendments proposed by the Lords: Which Amendments and Reasons he read in his Place; and afterwards delivered them in at the Clerk's Table: Where the same being read, are as followeth;

Resolved, That it is the Opinion of this Committee, That, in relation to the Matter of the pretended dispensing Power, in Page 1, L. 7, 8, as to the leaving out the Words "dispensing and," and adding, "and by such dispensing with Laws, as, by consequence, would subject all the Laws to his Will and Pleasure;" being the Two first Amendments proposed by the Lords in the introductory Part of the said Heads or Declaration:

They do not agree thereto.

But, as to the Clause in the assertory Part, in Page 3d, L. 19, 20, 21,

That they do agree with the Lords, in leaving out the Words, "dispensing and," and the Word "of," P. 3, Fol. 19, 20, 21:

So that they agree with the Lords so far, as to suspending Laws.

But, instead of the Lords Amendment, by Addition of these Words, "and the Power of dispensing with the Laws, as it was exercised and extended in the Reign of the late King James the Second,"

They do offer, that there should be made a distinct Proposition, in this Manner;

"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."

Page 1, L. 26, As to the Lords Amendment of leaving out from "by" to the end of the Page; to which the Commons do not agree;

It is proposed (in respect of the Liberty given of explaining that Matter) that the Words may stand in this Manner:

"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."

As to the Matter of the dispensing Power, that the Commons do not agree;

1. Because the Amendments import no more than what is expressed in the preceding Words, That the late King did endeavour to subvert the Laws, by assuming and exercising a Power of Dispensing; so that, to add the Words of the Amendment, "that the dispensing Power exercised by him, was such as would subject the Laws to his Will and Pleasure," seems but a Repetition of what the Commons had affirmed before.

2. The Truth of the Proposition, as laid down by the Commons, cannot be denied; it being evident, that the late King did grant to many Persons, Dispensations of almost all the Laws made for securing our Religion.

3. The Commons apprehend that the admitting your Lordships Amendment in this Place, may administer an Occasion of misinterpreting the subsequent declaratory Cause, to which this has Reference.

As touching the Informations in the King's Bench,

By leaving out from the Word "by," in the 26 L. to the End of the First Page, the Commons do not agree;

1. Because they think it a very high Grievance, and a Matter of the greatest Consequence to your Lordships and themselves, that Matters and Causes cognizable only in Parliament, should be drawn into Examination in inferior Courts.

2. They think it necessary that the general Words which concludes that Page, should remain; because there were other Things manifestly tending to the extirpating and subverting their Religion, Laws, and Liberties, which were put in Practice in the Reign of the late King, and are too many to be particularly enumerated at this time.

The Commons do not agree to the Amendments in the 19, 20, and 21 Lines of the 3d Page;

Because they conceive it is to affirm the dispensing Power exercised in the former Reign, if it be no otherwise declared illegal, than as it was extended in the Reign of the late King.

The Commons do not agree to the Amendment in the 3d L. in the 5th Page, to leave out "as being the only Means for obtaining a full Redress and Remedy therein;"

1. Because they think for your Lordships and them to make a Demand of the Rights in this Manner after such manifest Invasions, is the proper Way to have Remedy and Redress.

2. This Opinion of theirs is confirmed by That of the Prince of Orange in his Declaration; the Words of which they have followed.

The Commons do not agree to the Amendment in the 12th Line of the 5th Page, to insert "Rights" instead of "Laws;"

Because they take it, that the Amendment was made only to introduce the Second Amendment in the same Line:

To which Second Amendment they cannot agree;

1. For the same Reason which was given by your Lordships for it at the last Conference, "That it was fit for them to insist generally upon all other their Rights:" Which they take to be fully done, if your Lordships Amendment be omitted.

2. They apprehend that the Words of the Amendment would admit of such a Construction, as to allow, or, at least, to countenance, all the undue Proceedings and Attempts upon their Rights and Liberties in the former Reign, if the Demand should be restrained to the Time of the Accession of King James the Second to the Throne.

The Question being put, That this House do agree to the Amendments proposed by the Lords in the introductory Part, in leaving out the Words "dispensing and," and in adding "and by such Dispensing with Laws, as, by consequence, would subject all the Laws to his Will and Pleasure;"

It passed in the Negative.

The said Amendments being again severally read;

Resolved, That this House doth agree with the Committee, that they do agree in the Amendments proposed by the Lords in the assertory Part, in leaving out the Words "dispensing and," and the Word "of," and that, instead of the Amendment proposed by the Lords in adding these Words, "and the Power of dispensing with Laws, as it was exercised and extended in the Reign of the late King James the Second," be added in this distinct Proposition.

"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."

The Question being put, That this House do agree to the Amendment proposed by the Lords in the said Amendment, in leaving out from the Word "by" to the End of the first Page;

It passed in the Negative:

But, in respect of the Liberty given by the Lords in explaining that Matter;

Resolved, That the Words do stand in this Manner;

"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."

The Reasons being again severally read;

Resolved, That this House doth agree with the Committee in the said Reasons, to be offered at a Conference with the Lords.

Conference with Lords.

Resolved, That the Lord Eland do go up to the Lords, and desire a Conference with their Lordships upon the Subject Matter of the last Conference.

The Lord Eland acquaints the House, That, according to their Order, he had attended the Lords, to desire a Conference; and that their Lordships agreed to a present Conference, in the Painted Chamber.

Ordered, That the same Persons who managed the last Conference, do manage this Conference.

Ordered, That Sir William Williams be added to the Managers of this Conference.

Resolved, That it be an Instruction to the Committee who are to manage the Conference, to propose to the Lords, that the Declaration, when agreed unto, may be ingrossed in Parchment, to remain among the Records in Parliament; and also to be inrolled in the Court of Chancery, to remain to Perpetuity.

Mr. Sommers reports, That the Persons appointed to manage the Conference, had attended the Lords; and offered the Amendments, and Reasons, and Proposition, of this House, as they were directed.

A Message from the Lords, by Mr. Methwyn and Doctor Edisbury;

Mr. Speaker, We are commanded by the Lords to acquaint you, that their Lordships do desire, that this House will please to continue sitting.

And the Messengers being withdrawn;

Resolved, That this House will continue sitting, as the Lords desire.

The Messengers being called in again, Mr. Speaker acquainted them therewith.

A Message from the Lords, by Mr. Methwyn and Doctor Edisbury;

Mr. Speaker, We are commanded by the Lords to acquaint this House, that their Lordships do desire a present free Conference with this House, in the Painted Chamber, upon the Subject Matter of the last Conference.

And the Messengers being withdrawn;

Resolved, That this House do agree to a present free Conference with the Lords, as is desired.

The Messengers being called in again, Mr. Speaker acquainted them therewith.

Resolved, That the Persons who managed the former Conference, do manage this Conference.

Sir Wm. Williams reported, That the Persons appointed to manage the Conference with the Lords had attended their Lordships: And that the Lord Falconberg managed the Conference; and said, That they did agree with this House in the main; but that they did insist to make the Amendments proposed by this House, to be Amendments of their own, by way of Addition unto them: And, in case this House agreed thereto, that their Lordships proposed to this House, an Order, that the Declaration, when agreed to, should be ingrossed in Parchment, inrolled among the Rolls of Parliament, and recorded in Chancery.

Which Amendments and Order he read in his Place; and afterwards delivered the same in at the Clerk's Table: Where the same being read, are as followeth:

That the Lords insist upon their Amendment in the 26 Line of the first Page to the End.

And propose, instead thereof, this Clause following:

"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."

3. P. L. 19. They insist upon their Amendment "dispensing and:" And add the following Paragraph;

"That the pretended Power of dispensing with Laws and the Execution of Laws, by Regal Authority, as it has been exercised and assumed of late, is illegal."

"And it is ordered, by the Lords Spiritual and Temporal, and
That when this Declaration shall be agreed on, it shall be ingrossed in Parchment, inrolled in the Rolls of Parliament, and recorded in Chancery."

The Amendments being severally read, the same were, upon the Question, severally put, agreed to by the House.

The said Order being again read;

Resolved, That the Blank be filled up with the Word "Commons."

The said Order so filled up, being again read, was, upon the Question put, agreed unto by the House.

Ordered, That the Lord Falkland do carry up to the Lords, the Amendments of the said Declaration proposed by the Lords, and agreed unto by this House; and also the said Amendment made by this House to the said Order; and desire their Lordships Concurrence thereto.

The Lord Falkland acquaints the House, That he had, according to their Order, attended the Lords, as he was directed; and their Lordships had agreed to the Amendments made by this House to the said Order.

Message from Lords to continue sitting.

A Message from the Lords, by Mr. Methwyn and Doctor Edisbury;

Mr. Speaker, We are commanded by the Lords to acquaint this House, that the Lords do desire this House to continue sitting.

The Messengers being withdrawn;

Resolved, That this House will continue sitting, as the Lords desire.

The Messengers being called in again, Mr. Speaker acquainted them therewith.

Lords desire a Conference.

A Message from the Lords, by Mr. Methwyn and Doctor Edisbury;

Mr. Speaker, We are commanded by the Lords to acquaint this House, that their Lordships desire a present Conference with the House, in the Painted Chamber; about a Proclamation, to proclaim the Prince and Princess of Orange King and Queen; which their Lordships have prepared, and desire to communicate to this House.

The Messengers withdrew.

Resolved, That this House doth agree to a present Conference with the Lords, as is desired.

The Messengers being called in again, Mr. Speaker acquainted them therewith.

Resolved, That the same Persons who managed the last Conference, do manage this Conference.

Mr. Hamden reports, That the Persons appointed to manage the Conference, had attended the Lords: That the Earl of Kingston managed the Conference with the Commons; and said, That the Lords had sent this House a Proclamation, for proclaiming the Prince and Princess of Orange King and Queen of this Realm: And that he had Order to acquaint this House, That the Lords had sent to the Prince and Princess of Orange, to know when they would be pleased to be attended with the Declaration agreed to by both Houses; and to desire this House to sit till they had an Answer from their Highnesses:-And read the same in his Place, and afterwards deliverd the same in at the Clerk's Table: Where the same being read, is as followeth:

A Proclamation.

Proclamation for proclaiming Prince and Princess of Orange King and Queen.

WHEREAS it hath pleased Almighty God, in his great Mercy to this Kingdom, to vouchsafe 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 Virtue 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 Westminster, 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 together with the Lord Mayor and Citizens of London, and others 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.

Resolved, That the Blank be filled up with the Word "Commons."

The Proclamation so amended, being again read, was, upon the Question put, agreed to by the House.

Ordered, That the Lord Colchester do carry to the Lords the Proclamation so amended; and desire their Concurrence to the said Amendment.

The Lord Colchester acquaints the House, That he had, according to their Order, attended the Lords, with the Lords Proclamation, amended by this House; and that the Lords desire this House to sit, until the Messenger sent by the Lords to the Prince and Princess comes back.

A Message from the Lords, by Mr. Methwyn and Doctor Edisbury;

Mr. Speaker, We are commanded by the Lords to acquaint this House, That they have agreed to the Amendment proposed by this House to be made to the Proclamation: And that the Prince and Princess of Orange have appointed to be attended by both Houses To-morrow Morning at Ten of the Clock in the Banqueting House at Whitehall: And that their Lordships do intend to meet before that Time, in their House; and that they desire, that this House will then meet also, to go along with their Lordships, to the Prince and Princess.

And the Messengers being withdrawn;

Resolved, That this House doth agree to meet Tomorrow Morning, to go along with the Lords to the Prince and Princess, as the Lords do desire.

The Messengers being called in again; Mr. Speaker acquainted them therewith.

Ordered, That the Two Door-keepers of this House do attend at the Door of the Banqueting House Tomorrow Morning; and take care that none but Members be permitted to go in.

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

Die Martis, 12 Februarii, 1688-9.

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

Declaration of Rights, and declaring Prince and Princess of Orange King and Queen.

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 and 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 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 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 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 Chusing 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 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 Vindication and Asserting their ancient Rights and Liberties, declare,

That the pretended Power of suspending of Laws by Regal Authority, without Consent of Parliament, is illegal;

Declaration of Rights, and declaring Prince and Princess of Orange King and Queen.

That the pretended Power of dispensing with Laws, or the Execution of Laws, by Regal Authority, as it hath 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 Subjects 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 have Arms for their Defence, suitable to their Conditions, as allowed by Law:

That Election of Members of Parliament ought to be free:

That the Freedom 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 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 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.

To 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 a 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 Ann of Denmark, 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.

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.