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 antient rights and liberties, declare; 2. 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 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 lords spiritual and temporal, and commons, do pray the said prince and princess to accept the same accord 3. 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. 1. That the pretended power of suspending of laws, or the execution of laws, by regal authority, without consent of parliament, is illegal. 2. That the pretended power of dis'pensing with laws, or the execution of laws, by regal authority, as it hath been assumed and exercised of late, is illegal. 3. 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. 4. That levying 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. 5. That it is the right of the subjects to peti-ingly. tion the king, and all commitments and pro'secutions for such petitioning are illegal. 6. 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. 7. That the subjects which are Protestants, 'may have arms for their defence suitable to their conditions, and as allowed by law. 8. That election of members of parliament ought to be free. 9. 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. 10. That excessive bail ought not to be required, nor excessive fines imposed; nor cruel and unusual punishments inflicted. 11. That ju'rors ought to be duly impanelled and returned; and jurors which pass upon men in trials for High Treason ought to be freeholders. 12. That all grants and promises of fines and for'feitures of particular persons before conviction, are illegal and void. 13. And that for redress of all grievances, and for the amend⚫ing, 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 hercafter 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 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; 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, that 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 what'soever." And I do declare, That no foreign prince, person, prelate, state or potentate hath, or ought to have, any jurisdiction, power, superiority, pre-eminence, or authority, ecclesiastical or spiritual, within this 'realm: So help me God.' 4. Upon which their said majesties did accept the crown and royal dignity of the kingdoms of England, France, and Ireland, and the dominions thereunto belonging, according to the resolution and desire of the said lords and commons contained in the said Declaration. 5. And thereupon their majesties were pleased, that the said lords spiritual and temporal, and commons, being the two houses of parliament, should continue to sit, and with their majesties royal concurrence make effectual provision for the settlement of the religion, laws, and liberties of this kingdom, so that the same for the future might not be in danger again of being subverted; to which the said lords spiritual and temporal, and commons, did agree, and proceed to act accordingly. 6. Now, in pursuance of the premises, the said lords spiritual and temporal, and commons Anne of Denmark, and the heirs of her body; and for default of such issue, to the heirs of the body of his said majesty: and thereunto the said lords spiritual and temporal, and commons, do, in the name of all the people aforesaid, most humbly and faithfully submit themselves, their heirs and posterities for ever; and do faithfully promise, that they will stand to, maintain, and defend their said majesties, and also the limitation and succession of the crown herein specified and contained, to the utmost of their powers, with their lives and estates, against all persons whatsoever, that shall attempt any thing to the contrary. in parliament assembled, for the ratifying, con- | such issue, to her royal highness the princess firming and establishing the said Declaration, and the articles, clauses, matters, and things therein contained, by the force of a law, made in due form by authority of parliament, do pray that it may be declared and enacted, that all and singular the rights and liberties asserted and claimed in the said Declaration, are the true, ancient, and indubitable rights and liberties of the people of this kingdom, and so shall be esteemed, allowed, adjudged, | deemed, and taken to be, and that all and every the particulars aforesaid shall be firmly and strictly holden and observed, as they are expressed in the said Declaration; and all of ficers and ministers whatsoever shall serve their majesties and their successors according to the same in all times to come. 7. And the said lords spiritual and temporal, and commons, seriously considering how it hath pleased Almighty God, in his marvellous providence, and merciful goodness to this nation, to provide and preserve their said majesties royal persons most happily to reign over us upon the throne of their ancestors, for which they render unto him from the bottom of their hearts, their humblest thanks and praises, do truly, firmly, assuredly, and in the sincerity of their hearts, think, and do hereby recognize, acknowledge and declare, that king James the second having abdicated the government, and their majesties having accepted the crown and royal dignity as aforesaid, their said majesties did become, were, are, and of right ought to be, by the laws of this realm, our sovereign leige lord and lady, king and queen of England, France, and Ireland, and the dominions thereunto belonging, in and to whose princely persons the royal state, crown, and dignity of the said realms, with all honours, stiles, titles, regalities, prerogatives, powers, jurisdictions and authorities to the same belonging and appertaining, are most fully, rightfully, and entirely invested and incorporated, united and annexed. 8. And for preventing all questions and divisions in this realm, by reason of any pretended titles to the crown, and for preserving a certainty in the Succession thereof, in and upon which the unity, peace, tranquillity, and safety of this nation doth, under God, wholly consist and depend, the said lords spiritual and temporal, and commons, do beseech their majesties that it may be enacted, established and declared, that the crown and regal government of the said kingdoms and dominions, with all and singular the premises thereunto belonging and appertaining, shall be and continue to their said majesties, and the survivor of them, during their lives, and the life of the survivor of them: and that the entire, perfect, and full exercise of the regal power and government be only in, and executed by his majesty, in the names of both their majesties during their joint lives; and after their deceases the said crown and premises shall be and remain to the heirs of the body of her majesty; and for default of 9. And whereas it hath been found by experience, that it is inconsistent with the safety and welfare of this Protestant kingdom, to be governed by a Popish prince, or by any king or queen marrying a Papist; the said lords spiritual and temporal, and commons, do further pray that it may be enacted, that all and every person and persons that is, are, or shall be reconciled to, or shall hold communion with, the see or church of Rome, or shall profess the Popish religion, or shall marry a Papist, shall be excluded, and be for ever incapable to inherit, possess, or enjoy the crown and government of this realm, and Ireland, and the dominions thereunto belonging, or any part of the same, or to have, use, or exercise any regal power, authority, or jurisdiction within the same; and in all and every such case or cases the people of these realms shall be, and are hereby absolved of their allegiance; and the said crown and government shall from time to time descend to, and be enjoyed by such person or persons, being Protestants, as should have inherited and enjoyed the same, in case the said person or persons so reconciled, bolding communion, or professing, or marrying as aforesaid, were naturally dead. 10. And that every king and queen of this realm, who at any time hereafter shall come to and succeed in the imperial crown of this kingdom, shall on the first day of the meeting of the first parliament, next after his or her coming to the crown, sitting in his or her throne in the house of peers, in the presence of the lords and commons therein assembled, or at his or her coronation, before such person or persons who shall administer the coronation oath to him or her, at the time of his or her taking the said oath (which shall first happen) make, subscribe, and audibly repeat the Declaration mentioned in the statute made in the 30th year of the reign of king Charles 2, intituled, An act for the more effectual preserving the king's person and government, by disabling Papists from sitting in either house of parliament.' But if it shall happen, that such king or queen, upon his or her succession to the crown of this realm, shall be under the age of twelve years, then every such king or queen shall make, subscribe, and audibly repeat the said declaration at his or her coronation, or the first day of the meeting of the first parliament as aforesaid, which shall first happen after such king or queen shall have attained the said age of twelve years. his confinement, and permitted to come over into England, to clear himself from those matters which he is charged with. Which Letter and Petition were delivered in, and read at the table.-Resolved, "That an humble Address be presented to his majesty, that com 11. All which their majesties are contented and pleased shall be declared, enacted, and established by authority of this present parliament, and shall stand, remain, and be the lawmissary Shales may be sent for over in custody, of this realm for ever; and the same are by their said majesties, by and with the advice and consent of the lords spiritual and temporal, and commons, in parliament assembled, and by the authority of the same, declared, enacted, and established accordingly. 12. And be it further declared and enacted by the authority aforesaid, that from and after this present session of parliament, no dispensation by non obstante of or to any statute, or any part thereof, shall be allowed, but that the same shall be held void and of no effect, except a dispensation be allowed of in such statute, and except in such cases as shall be specially provided for by one or more bill or bills to be passed during this present session of parliament. 13. Provided that no charter, or grant, or pardon, granted before the 23rd day of October in the year of our Lord 1689, shall be any ways impeached or invalidated by this act, but that the same shall be and remain of the same force and effect in law, and no other, than as if this act had never been made."* Dec. 16. The Speaker of the commons acquainted the house, That he had received a pacquet from commissary Shales wherein was inclosed a Letter from him, giving an Account of his proceedings, since he came into that employment; together with a Petition to this house; praying, that he may be released from "It was at this time suggested in all companies, that the present Settlement was illegal and unjustifiable: that king James would shortly return with a powerful army, and settle things on a right foundation: that the interest of the Church of England was involved with that of king James, and the one could not subsist without the restoration of the other. As these insinuations were countenanced by some of the clergy, bishop Burnet wrote a Pastoral Letter to those of his diocese, concerning the allegiance due to William and Mary, in which, among other topics, he uses that of the Right of Conquest, which had been always declined by the king, who chose to receive the crown by the determination of the people, as more agreeable to his Declaration. This Pastoral Letter (with another of Charles Blunt, more full to the same purpose) was burnt three years after, by order of the parliament then sitting. A little before the publication of the Bishop's Letter, a Libel was dispersed by the disaffected, called, A short history of the Convention, or new-christened Parliament,' against which a proclamation was issued, May 7, promising the reward of 100l. for the discovery of the author, printer or publisher." Tindal. with all convenient speed; and that all his Papers may be brought over with him and that his majesty be acquainted with the said Letter and Petition." Debate on the Bill for continuing the Revenue for a Year.] Dec. 17. Mr. Hampden reports several Amendments to the Bill for continuing the collecting the public Revenue for a year. Sir Wm. Pulteney. The matter before you is of great importance. I cannot agree, &c. to the Amendment of the Bill not to be determined by the ordinary rules of WestminsterHall, but by the government. There is a known Hereditary Revenue, and settled by act of parliament. When king James abdicated the government, there was a cessure of the Revenue, and it abated; but when you filled the throne, such as had legal grants, they were not determined; I know not, whether they car receive the Revenue, but it is all the reason in the world that the crown should have a certain subsistence by revenue. I think, such a thing as the Revenue is not to be taken from the crown by implication. If the Chimney-Money must be gone by the Abdication, you needed not to have made an Act to take it away. If you continue the words and no longer,' I fear, they will not only affect the crown, but the subjects too, that have had Grants. Sir Wm. Williams. To stop the mouths of people, we are providing laws against ill men, and for ill times, and therefore it was thought convenient to put in the words and no longer.' As to the new Revenue, the Customs and Excise, some part of the revenue follows the crown, as the shadow the body; but to say, therefore, all the revenue does so, is no consequence. Qualify that supposed Hereditary Revenue from the other, and I agree to it. Šays Pulteney, This may shake Grants ;' but if they be good grants by common-law, or statute-law, it shakes no more but what you would have shaken. Mr. Finch. I rise up to acquaint you how I apprehended the Revenue to be in 1688. When you come to say, 'That the Revenue shall be collected for one year, and no longer,' you determine the Hereditary Revenue. I think we have declaration upon declaration, and that matter is pretty well at peace in you. If you put in the words for one year, and no longer, you determine it. In the ChimneyBill, if the Revenue had determined, you needed not that Act. If the Court of Wards was an hereditary revenue, then that granted in lieu of the Court of Wards, must be an hereditary revenue. Thompson says, 'No man will say, the Court of Wards was part of the king's revenue;' but it is the king's tenure, and he has the profit of the lands and wards. For taking away the Grants upon the Revenue, he is for taking away the Revenue wholly. Sir Tho. Lee. I would willingly have the long robe inform us, whether those Grants for Ch. 2.'s and James's life, continue for the king's life? If each of them subsist, this Act is wholly unnecessary. As to what Finch says of the Chimney Money, why did the parliament, 3 Ch. 1. mention Quartering of soldiers,' in the Petition of Right? I would make use of this debate. If any of them be out, all are out. The Court of Wards, which was exchanged, was ancient in the crown, but I question whether the crown had a right to dispose of wardships before they fall. Mr. Finch. In the Petition of Right, one part is declaring an old law, and another is making a new. The king grants a wardship cum acciderit, and that answers Lee. longer,' extends to all the revenue; that part hereditary and temporary too: I hope you will not apply the same words to both. Under favour, this is a new government: I will not deny my opinion: It was so in all broken times. In Edw. 2.'s time, &c. Edw. 3. took all the revenue, being in possession of the crown. Hen. 4. and Edw. 4. took it; and the Revenue continues when the crown is upon any man's head. The opinion has been in Westminster-hall, That the Revenue continues,' and the Customs were paid after the death of Charles 2. Unless you put the words 'no longer' in negative words, and let it go so. Mr. Solicitor Somers. If Trevor's doctrine be true, we do grant this away for ever, by the words of the Act. In the Customs, the Grant lasts for life, and no longer, and no doubt of it. Now, for the Revenue granted for king James's life, whether it lasts longer than his reign? The Revenue of the crown of England is granted as in the king's politic capacity as to an incorporation. This will be of so terrible a consequence, that, I hope, you will leave out the words No longer.' 6 Sir John Trevor, I did not broach that doctrine. I use not to broach doctrines. I said, That it was the opinion in Westminster-hall, in king James's time;' and, that unless you put negative words in the Grant-it was subsisting. If the words were necessary then, they are as necessary now. The Revenue was collected in king James's and after Charles 2.'s time. Sir George Treby. To these words No longer.' The operation of these two words is to take away all the inheritance of the crown. To answer Lee's question, the king might release the tenures of inheritance of profit, that be had by the tenure, as he did wardships to the town of Yarmouth. If the king can grant this, he may grant what is in lieu of it. In the former bill, which is the pattern of this, there was some scruple made, whether they could safely collect it, (as if it was a new thing that kings have abdicated, and given up their crown before death.) All the nicety was upon collecting the Customs and Excise during king James's life.' Some were for the political life, Mr. Garroway. I think Trevor in the right. others for the natural; this had some doubt for There was a Grant of the Customs of the Curthe sake of the officers, and therefore the Act rants in Ch. 1.'s time; several were imprisoned was entitled, For the better collecting the Pub- for not paying the duties, though granted for lic Revenue.' It was said, and with great ap-years only. The expedient may be in the end probation, We have Judges for life, and salarics, &c. how could that be, if it was not supposed the Revenue was not hereditary? You go on, and say, 'The king had not only delivered you from Popery and slavery, but you yielded to give the king thanks, for releasing the Chimney Money.' The appropriating some of the Revenue to pay Ch. 2.'s servants, and the Money to the States General, by it you suppose the subsisting of the Revenue, and you applied it to these uses. All prerogatives and advantages whatsoever follow the crown, and if they have the crown, they have all that belong to the crown. I think it strange, when a bill is brought in to satisfy a doubt, when, indeed, there was none; but to grant a Revenue, and charge it when you have done-will you determine the whole Revenue without hearing counsel for the king? Sir W. Williams. Certainly some part of the Revenue is not alienable, and, no doubt, on the other side, the king may extinguish his Wardships, by a release; but, whether the king may alien his inheritance of Wardships, is another subject: I doubt it much. Sir John Trevor. The exception is a good exception, and I must apply something to the one and to the other. I do agree, that No of the Bill, viz. That this shall last for one year, and no longer,' and so leave it as you found it, and you'll do no hurt.-The Amendments were rejected. Debate on the Clause in the Revenue Bill for saving Princess Anne's Patent, or Grant, &c.] Mr. Boscawen. I have as high an esteem for the prince and princess of Denmark, as any man ; and I would be understood not to speak with reflection. For the first part of the Clause, the committee had no power to confirm the Patent. To confirm this, implies a diffidence in the king and qucen. If the Hereditary Revenue be not fallen, it is still in being. Mr. Hampden. Your instruction to the committee was nothing but To provide a Pension for princess Anne for a whole year;' and this Clause is not brought in according to that. Sir Henry Capel. I hear there is a patent for this Pension, but to take notice of it here, is an extraordinary thing, and the improperest thing to be joined with this Bill; it is joining brass to clay, and not justifiable in the nature of it. There is an expression in the paper, which is an interdictive to the second clause of the Bill: What authority that honourable lord (Cornbury) has to bring it in, I know not; but I am sure he ought to have good warrants. If your hands are tied up to such a clause, where is the money to be received? In the Excise Office? I do not know more Exchequers than one. Have a care; by the course of the government of the Exchequer, any man may know what the receipts are, and see how money goes out; at the Excise Office they will not show their books. This may be a countenance to other Grants of king James, which, I hope, you will not allow. Upon the whole, I think it much better to lay this aside wholly. I would do that which should express respect and bounty, but this is not a proper time. In this great Revolution, this prince and princess were great instruments in delivering us from popery and slavery. 'Tis true, we are delivered from popery and slavery here, but there is another kingdom that lies under it: Now every body, the very farmer, retrenches in his family, and trade is grown low, but when it is a proper time, no man shall be more ready to increase the princess's revenue than myself; but I do say, there may be a time when the hearts of people will go more with such a thing, and, I believe, it will be more acceptable to this prince and princess. This is very surprizing: as to our constitution of the Exchequer, I would have it be more consonant to the government, that there may be no gift of money here but to the crown. Let the preamble mention all respect imaginable, that the arrears may be paid, and address the king for a Revenue for the prince and princess, for this year, such as the king shall judge necessary, this exigency of affairs of the kingdom considered; and hereafter it may be thought of; and, in the mean time, address to the king to this purpose. Mr. Foley. I think here are two exceptions not to be answered. The first is, I think this Clause was not brought in according to order. | This clause confirms the letters patent to the princess, and the heirs of her body, and that is against the order, the Bill being but temporary. Next, I hope, though the merits of this princess be great, yet that you will not break orders of parliament, when the letters patent were never read, which, by this Clause, you confirm, whether good, or no, and you know nothing that is contained in them. I Sir Tho. Clarges. There is little difference betwixt this grand committee and the house, only that in this the Speaker is not in the chair. Your order is, To provide for the prince and princess for one whole year,' and the patents are confirmed but for a year, and no more. take it, this patent was possessed and legally invested in her. But that, without reading the patents, you cannot confirm them,' that is a mistake. In the parliament of Ilenry 8. and Edw. 6. where letters patent were granted from such and such a prince to such a time, it is impossible they should be all read. By the statute for confirmation of all cathedrals, and colleges, from Henry 3rd's time to Henry 8. they were all confirmed. It is said, 'That now it is not a seasonable time:' but is it not seasonable that the prince and princess, and the duke of Gloucester, should have meat, drink, and cloaths? This revenue is not very extraordinary, considering their quality. We are not to say here, That the king was not consulted in this. I hope it will never be admitted, that we should take instructions from the king to pass bills here. There was 24,000l. a year charged on the post-office for the duke of York, in lieu of the charge upon the Excise, and the Exchequer never took fee of it. I think this is so just and so honourable to their merits, who forsook all their pomp, father and mother, for our laws and liberties, with their lives too, in this Revolution, that I would agree to the Clause. Mr. Hampden. I think this very hard, to pay this 70,000l. this year in the state you are in, it is a very great hardship to the king and kingdom. I shall deal as generously in the offices I am in, as any man that would be in office. I meddle not with this patent; I think it a good patent, but not regular to confirm it here. You charge this branch of the Revenue with this; will you say the king shall receive for his Civil List the other part? The queen then has not received this 70,000l. If it be looked into, you shall see what is done. You have granted 28. per pound, &c. and the king has liberty, by that Act, to take up 300,000l. He has but betwixt this and Saturday next to take it up, and I guess very largely if there be 100,000l. and that is to pay Ireland, and Holland, and the Army here. How much will be left of your 2s. per pound? The Excise that goes out, suppose 14,000l. per week, that must go towards paying this. The Customs are 200,000l. per ann. less this year than formerly, and here is all to maintain what I have told you. This is a melancholy prospect. I move, to have the letters patent recited, and this Clause recommitted, and so much as they have by the patent to be received, and no more. Mr. Ettrick. I know not that the methods of the Exchequer are more broken by this, than by privy seals; but the most weighty objection is, want of money. As for Capel's joining brass with clay,' I am sorry Capel's opinion is, that no part of it is hereditary; we should have gone a little farther, had it not been for the necessity, viz. the whole Revenue that was formerly the duke of York's. Col. Birch. My affections at that time did, in a great measure, captivate my reason. Since that, we have had time to sleep, and my affections stand as high as ever they did. As to this Patent, the question is, Whether this debate, as the case stands, is seasonable? I cannot but admire at my own weakness when they all agree (and something gives them cause that I do not see.) I would do no prejudice to this Patent, but I would augment the princess's revenue; but can any body say, this is seasonable? Now our condition is low, will this turn to sense, to be so lavish to throw away 40,0007. per ann, when the king wants for his and our protection? Is this like to create a good understanding with the king? Give me leave to go a |