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 Mony 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 Souldiers contrary to Law. By causing several Good Subjâ—cts being Protestants to be Disarmed at the same time when Papists were both Armed and Imployed contrary to Law. By violating the Freedom of Election of Members to serve in Parliament By Prosecutions in the Court of Kings-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 K. Iames the 2 d 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 Burroughs 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 22 d Day of Ianuary 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 Lord's 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 pretending 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 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 the like Nature are Illegal and Pernicious That levying of Mony 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 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 empannell'd and return'd 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 intire 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 Surviver 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
present at the Sermon At London likewise things succeed no worse Every Holy Day at preaching People so frequent that many of the Chappels cannot contain them Two of ours Darmes and Berfall do constantly say Mass before the King and Queen Father Edmund Newil before the Queen Dowager Father Alexander Regnes in the Chappel of the Ambassador aforesaid others in other places Many Houses are bought for the Colledg in the Savoy as they call it nigh Somerset-house London the Palace of the Queen Dowager to the value of about eighteen thousand Florins in making of which after the Form of a Colledg they labour very hard that the Schools may be opened before Easter In Ireland shortly there will be a Catholick Parliament seeing no other can satisfy the King's Will to Establish the Catholick Cause there In the Month of February for certain the King hath designed to call a Parliament at London 1. That by a Universal Decree the Catholick Peers may be admitted into the Upper House 2. That the Oath or Test may be annulled 3. Which is the best or top of all That all Penal Laws made against Catholicks may be Abrogated which that he may more surely obtain he desires every one to take notice that he hath certainly determined to dismiss any from all profitable Imployments under him who do not strenuously endeavour the obtaining those things also that he will Dissolve the Parliament with which Decree some Hereticks being affrighted came to a certain Peer to consult him what was best to be done to whom he said the Kings pleasure is sufficiently made known to us what he hath once said he will most certainly do if you love your selves you must submit your selves to the Kings Will. There are great preparations for War at London and a Squadron of many Ships of War are to be fitted out against a time appointed what they are designed for is not certain The Hollanders greatly fear they are against them and therefore begin to prepare themselves Time will discover more Liege 2. Feb. 1688. II. A Letter from the Reverend Father Petre Iesuit Almoner to the Kiâ—g of England written to the Reverend Father la Cheese Confessor to the most Christian King touching the present Affairs of ENGLAND Translated from the French. Most Reverend Father IF I have fail'd for the last few days to observe your Order it was not from want of Affection but Health that occasion'd the neglect and for which I shall endeavour to make amends by the length of this I shall begin where my former left off and shall tell you That since the appearing of a Letter in this Town written by the Prince's Minister of Holland which declares the Intentions of the Prince and Princess of Orange relating to the Repealing the Test or to speak more properly their Aversion to it This Letter has produc'd very ill Effects among the Hereticks whom at the return of some of our Fathers from those Parts we had perswaded that the Prince would comply with every thing relating to the Test that the King should propose to the next Parliâ—ment in case he should call one to which I do not find his Majesty much inclin'd But the coming of this Letter of which I have inclos'd a Copy has serv'd for nothing but to incourage the Obstinate in their aversion to that Matter The Queen as well as my self were of Opinion against the sending of any such Letter to the Hague upon that Subject but rather that some Person able to discourse and perswade should have been sent thither for all such Letters when they are not grateful produce bad Effects That which is spoken Face to Face is not so easiâ—y divulg'd nor any thing discover'd to the People but what we have a raind the Vulgar should know And I believe your Reverence will concur with me in this Opinion This Letter has extreamly provok'd the King who is of a temper not to bear a refusal and who has not been us'd to have his Will contradicted And I verily believe this very affront has hastned his Resolution of re-calling the English Regiments in Holland I shew'd his Majesty that part of your Letter that relates to the Opinion of his Most Christian Majesty upon this Subject which his Majesty well approves of We are interested to know the Success of this Affair and what Answer the States will give The King changes as many Heretick Officers as he can to put Catholicks in their places but the Misfortune is that here we want Catholick Officers to supply them And therefore if you know any such of our Nation in France you would do the King a pleasure to perswade them to come over and they shall be certain of Employments either in the old Troops or the New that are speedily to be rais'd for which by this my Letter I pass my Word Our Fathers are continually employ'd to convert the Officers but their Obstinacy is so great that for one that turns there are five that had rather quit their Commands And there are so many Male-contents whose Party is already but too great the King has need of all his Prudence and Temper to manage this great Affair and bring it to that Perfection we hope to see it in ere long All that I can assure you is That here shall be no neglect in the Queen who labours night and day with unexpressible Diligence for the propation of the Faith and with the Zeal of a holy Princess The Queen Dowager is not so earnest and Fear makes her resolve to retire into Portugal to pass the remainder of her days in Devotion she has already ask'd the King leave who has not only granted it but also promised that she should have her Pension punctually paid and that during her Life her Servants that she leaves behind her shall have the same Wages as if they were in waiting She stays but for a proper Season to imbark for Lisbon and to live there free from all Stories As to the Queen's being with Child that great Concern goes as well as we could wish notwithstanding all the Satyrical Discourses of the Heriticks who content themselves to vent their Poyson in Libels which by night they disperse in the Street or fix upon the Walls There was one lately found upon a Pillar of a Church that imported That such a day Thanks should be given GOD for the Queen 's being great with a Cushion If one of these Pasquil-makers could be discover'd he would but have an ill time on 't and should be made to take his last Farewel at Tyburn You will agree with me most Reverend Father that we have done a great thing by introducing Mrs. Celier to the Queen this Woman is totally devoted to our Society and zealous for the Catholick Religion I will send you an account of the progress of this Affair and will use the Cypher you sent me which I think very admirable I can send you nothing certain of the Prince and Princess
of all the Judges of England that even the known and undoubted Prerogative of the Iewish Kings do not belong to our Kings and that it is an absurd and impudent thing to affirm they do Coke 11. Rep. p. 63. Mich. 5. Iac. Note upon Sunday the Tenth of November in the same Term the King upon Complaint made to him by Bancroft Arch-bishop of Canterbury concerning Prohibitions was informed That when Question was made of what matters the Ecclesiastical Judges have Cognizance either upon the Exposition of the Statutes concerning Tythes or any other thing Ecclesiastical or upon the Statute 1 Eliz. concerning the High-Commisâ—ion or in any other case in which there is not express Authority by Law the King himself may decide it in his Royal Person and that the Judges are but the Delegates of the King and that the King may take what Causes he shall please to determine from the Determination of the Judges and may determine them himself And the Archâ—bishop said That this was clear in Divinity That such Authority belongs to the King by the Word of God in Scripture To which it was answered by me in the presence and with the clear consent of all the Justices of England and Barons of the Exchiquer That the King in his own Person cannot adjudg any Case either Criminal as Treason Felony c. but this ought to be determined and adjudged in some Court of Justice according to the Law and Custom of England And always Judgments are given Ideo consideratum est per Curiam so that the Court gives the Judgment And it was greatly marvelled that the Arch-bishop durst inform the King that such Absolute Power and Authority as is aforesaid belonged to the King by the Word of God. CHAP. III. Of OBEDIENCE I. NO Man has any more Civil Authority than what the Law of the Land has vested in him nor is he one of St. Paul's Higher Powers any farther or to any other purposes tâ—an the Law has impowered him II. An Usurped Illegal and Arbitrary Power is so far from bâ—ing the Ordinance of God that it is not the Ordinance of Man. III. Whoever opposes an Usurped Illegal and Arbitrary Power does not oppose the Ordinance of God but the Violation of that Ordinance IV. The 13 th of the Romans commands Subjection to our Temporal Governours because their Office and Imployment is for the Publick Welfare For he is the Minister of God to Thee for good Verse 4. V. The 13 th of the Hebrews commands Obedience to Spiritual Rulers because they watch for your Souls Verse 17. VI. But the 13 th of the Hebrews did not oblige the Martyrs and Confessors in Queen Mary's Time to obey such blessed Bishops as Bonner and the Beast of Rome who were the perfect Reverse of St. Paul's Spiritual Rulers and whose Practice was murdering of Souls and Bodies according to that true Character of Popery which was given it by the Bishops who compiled the Thanksgiving for the Fifth of November but Arch-Bishop Laud was wiser than they and in his time blotted it out The Prayer formerly ran thus To that end strengthen the Hands of our Gracious King the Nobles and Magistrates of the Land to cut off these Workers of Iniquity whose Religion is Rebellion whose Faith is Faction whose Practice is murthering of Souls and Bodies and to root them out of the Confines of this Kingdom VII All the Judges of England are bound by their Oath and by the Duty of their place to disobey all Writs Letters or Commands which are brought to them either under the Little Seal or under the Great Seal to hinder or delay common Right Are the Judges all bound in an Oath and by their Places to break the 13 th of the Romans VIII The Engagement of the Lords attending upon the King at York Iune 13. 1642. which was subscribed by the Lord Keeper and thirty nine Peers besides the Lord Chief Justice Banks and several others of the Privy-Council was in these words We do engage our selves not to obey any Orders or Commands whatsoever not warranted by the known Laws of the Land. Was this likewise an Association against the 13 th of the Romans IX A Constable represents the King's Person and in the Execution of his Office is within the purview of the 13 th of the Romans as all Men grant but in case he so far pervert his Office as to break the Peace and commit Murther Burglary or Robbery on the High-way he may and ought to be resisted X. The Law of the Land is the best Expositor of the 13 th of the Romans here and in Poland the Law of the Land there XI The 13 th of the Romans is received for Scripture in Poland and yet this is expressed in the Coronation-Oath in that Country Quod si Sacramentum meum violavero Incolae Regni nullam nobis Obedientiam praestare tenebuntur And if I shall violate my Oath the Inhabitants of the Realm shall not be bound to yield me any Obedience XII The Law of the Land according to Bracton is the highest of all the Higher Powers mentioned in this Text for it is Superiour to the King and made him King Lib. iii. cap. xxvi Rex habet Superiorem Deum item Legem per quam factus est Rex item Curiam suam viz. Comites Barones and therefore by this Text we ought to be subject to it in the first place And according to Melancthon It is the Ordinanee of God to which the Higher Powers themselves ought to subject Vol. iii. In his Commentary on the fifth Verse Wherefore ye must needs be subject not only for Wrath but also for Conscience sake He has these words Neque vero hac tantum pertinent ad Subditos sed etiam ad Magistratum qui cum fiunt Tyranni non minus dissipant Ordinationem Dei quam Seditiosi Ideo ipsorum Conscientia fit rea quia non obediunt Ordinationi Dei id est Legibus quibus debent parere Ideo Comminationes hic posite etiam ad ipsos pertinent Itaque hujus mandati severitas moveat omnes ne violalationem Politici status putent esse leve peccatum Neither doth this place concern Subjects only but also the Magistrates themselves who when they turn Tyrants do no less overthrow the Ordinance of God than the Seditious and therefore their Consciences too are guilty for not obeying the Ordinance of God that is the Laws which they ought to obey So that the Threatnings in this place do also belong to them wherefore let the Severity of this Command deter all Men from thinking the Violation of the Political Constitution to be a light Sin. Corolary To destroy the Law and-Legal Constitution which is the Ordinance of God by false and Arbitrary Expositions of this Text is a greater Sin than to destroy it by any other means For it is Seething the Kid in his Mothers Milk. CHAP. IV. Of LAWS I. THere is no natural
Law as I protest that if it were in my Hand to chuse a new Law for this Kingdom I would not only prefer it before any other National Law but even before the very Judicial Law of Moses for conveniency to this Kingdom at this Time tho in another respect I must say both our Law and all Laws else are very inferiour to that Judicial Law of God for no Book nor Law is perfect nor free from Corruption except only the Book and Law of God. And therefore I could wish that some Corruptions might be purged and cleared in the Common Law but always by the Advice of Parliaments for the King with his Parliament here are Absolute in making or forming any sort of Laws First I could wish that it were written in our Vulgar Language for now it is an old mixt corrupt Language only understood by Lawyers Whereas every Subject ought to understand the Law under which he lives since it is our Plea against the Papists that the Language in God's Service ought not to be in an Unknown Tongue according to the Rule in the Law of Moses That the Law should be written in the Fringes of the Priests Garment and should be publickly read in the Ears of all the People so me thinks ought our Law to be made as plain as can be to the People that the excuse of Ignorance may be taken from them for conforming themselves thereunto Next our Common Law hath not a settled Text being chiefly grounded upon old Customs which you call Responsa Prudentum I could wish that some more certain were set down in this case by Parliament for since the Reports themselves are not are not always so binding but that divers times Judges do disclaim them and recede from the Judgment of their Predecessors It were good that upon a mature deliberation the Exposition of the Law were set down by Act of Parliament and such Reports therein confirmed as were thought fit to serve for Law in all times hereafter and so the People should not depend upon the bare Opinions of Judges and uncertain Reports And lastly there be in the Law contrary Reports and Precedents and this Corruption doth likewise concern the Statutes and Acts of Parliament in respect there are divers cross and cuffing Statutes and some so penn'd as they may be taken in divers yea contrary Sences And therefore could I wish both those Statutes and Reports as well in the Parliament as Common Law to be once materially reviewed and reconciled And that not only Contrarieties should be scraped out of our Books but that even such Penal Statutes as were made but for the use of the time for breach whereof no Man can be free which do not now agree with the condition of this our time might likewise be left out of our Books which under a tyrannous and avaricious King could not be endured And this Reformation might we think be made a worthy Work and well deserves a Parliament to be set of purpose for it c. And as to the Point of Grievances tells them That there are two special Causes of the Peoples presenting Grievances to their King in time of Parliament First For that the King cannot at other times be so well informed of all the Grievances of his People as in time of Parliament which is the Representative Body of the whole Realm Secondly The Parliament is the highest Court of Justice and therefore the fittest place where divers Natures of Grievances may have their proper Remedy by the establishment of good and wholsome Laws Wherein he addresses himself especially to the Lower House who as representing the Body of the People may as it were both Opportunè Inopportunè in Season and out of Season I mean either in Parliament as a Body or out of Parliament as private Men present your Grievances unto me I am not to find fault that you inform your selves of the particular Grievances of the People Nay I must tell you ye can neither be just nor faithful to me or to your Countries that trust and employ you if you do not for true Plaints proceed not from the Persons employed but from the Body represented which is the People And it may very well be that many Directions and Commissions justly given forth by me may be abused in the execution thereof upon the People and yet I never receive Information except it come by your means at such a time as this is Proposals to this present Convention for the perpetual Security of the Protestant Religion and the Liberty of the Subjects of England Humbly Offer'd by the Author of the BREVIATE AFter the Great Blessings that seem designed for the whole Nation from the happy Agreement between the Two Houses in that great Point before them the Vacanâ—y of the Throne I cannot but crave Pardon and leave to put the Representatives of the Nation in remembrance that though this Vacating of the Throne opens so large a Door to our Great and many Deliverances yet our lasting Security is not intirely compleated here and that thâ—refore they baulk not the next Point which is as stoutly to be asserted viz That the Power now of setling the Government and filling the Vacancy is reverted to the Community whereof they are the Representatives This is an opportunity we are like never to have again in the World and a Precedent ought to be made for the Ages to come It is not to be thought after an Agreement on the first Point but that this Convention is willing to invest the Prince of Orange with the Government during his Life for they say both the Princesses are willing it should be so and no prejudice to either But how this can be orderly done until the Power be asserted let the Wisdom of the Nation consider and lay it well to Heart There is One main objection If the Convention chooâ—e a King and Queen at this Time then will the Government be for ever Elective But this is a great Mistake for we must know it is the Constitution of a Government which makes it Elective or Hereditary and not One Actual Choice or single Precedent This being note that well by a Convention not a Parliament whilst in the present Juncture that Vacancy in the Throne which may never happen again to the End of the World leaves us no other Expedient of reestablishing our Government then by Electing Our Governour When an Hereditary Kingdom is set up that was none before the Person on Necessity must be by Election at first though at the same time the Compact of Obedience to the Person so Elected and to his Heirs in Succession after him may be such that what at first was in the peoples Power and Right to give after submission payed will never lie in their Power to resume back The Case is the same here And if we understand then when it is resolved that the Throne is vacant or Government dissolved which is all one the meaning is not
his Highness the Prince of Orange and with one another to stick firm to this Cause and to one another in the Defence of it and never to depart from it until our Religion Laws and Liberties are so far secured to us in a Free Parliament that we shall be no more in danger of falling under Popery and Slavery And whereas We are ingaged in the Common Cause under the Protection of the Prince of Orange by which means his Person may be exposed to Danger and to the desperate and cursed Designs of Papists and other Bloody Men We do therefore solmnly ingage to God and to one another That if any such Attempts be made upon Him We will pursue not only those that made them but all their Adherents and all we find in Arms against Us with the utmost Seveâ—â—ty of just Revenge in their Ruine and Destruction and that the executing any such Attempt which God of his Infinite Mercy forbid shall not deprive us from pursuing this Cause which we do now undertake but that it shall encourage Us to carry it on with all the Vigor that so barbarous Approach shall deserve The Declaration of the Nobility Gentry and Commonalty at the Rendezvous at Nottingham Nov. 22. 1688. WE the Nobility Gentry and Commonalty of these Northern Counties assembled together at Nottingham for the defence of the Laws Religion and Properties according to those free-born Liberties and Priviledges descended to us from our Ancestors as the undoubted Birth-right of the Subjects of this Kingdom of England not doubting but the Infringers and Invaders of our Rights will represent us to the rest of the Nation in the most malicious dress they can put upon us do here unanimously think it our Duty to declare to the rest of our Protestant Fellow-Subjects the Grounds of our present Undertaking We are by innumerable Grievances made sensible that the very Fundamentals of our Religion Liberties and Properties are about to be rooted out by our late Jesuitical Privy-Council as hath been of late too apparent 1. By the King's dispensing with all the Establish'd Laws at his pleasure 2. By displacing all Officers out of all Offices of Trust and Advantage and placing others in their room that are known Papists deservedly made incâ—pable by the Establish'd Laws of our Land. 3. By destroying the Charters of most Corporations in the Land. 4. By discouraging all persons that are not Papists preferring such as turn to Popery 5. By displacing all honest and conscientious Judges unless they would contrary to their Consciences declare that to be Law which was meerly arbitrary 6. By branding all Men with the name of Rebels that but offered to justify the Laws in a legal Course against the arbitrary proceedings of the King or any of his corrupt Ministers 7. By burthening the Nation with an Army to maintain the Violation of the Rights of the Subjects 8. By discountenancing the Establish'd Reformed Religion 9. By forbiding the Subjects the benefit of Petitioning and construing them Libellers so rendring the Laws a Nose of Wax to serve their Arbitrary Ends. And many more such like too long here to enumerate We being thus made sadly sensible of the Arbitrary and Tyrannical Government that is by the Influence of Jesuitical Counsels coming upon us do unanimously declare That not being willing to deliver our Posterity over to such a condition of Popery and Slavery as the aforesaid Oppressions inevitably threaten we will to the utmost of our Power oppose the same by joining with the Prince of Orange whom we hope God Almighty hath sent to rescue us from the Oppressions aforesaid will use our utmost Endeavours for the recovery of our almost ruin'd Laws Liberties and Religion and herein we hope all good Protestant Subjects will with their Lives and Fortunes be assistant to us and not be bugbear'd with the opprobrious Terms of Rebels by which they would fright us to become perfect Slaves to their tyrannical Insolencies and Usurpations for we assure our selves that no rational and unbyassed Person will judg it Rebellion to defend our Laws and Religion which all our Princes have sworn at their Coronations Which Oath how well it hath been observed of late we desire a Free Parliament may have the consideration of We own it Rebellion to resist a King that governs by Law but he was always accounted a Tyrant that made his Will the Law and to resist such an one we justly esteem no Rebellion but a necessary Defence and in this Consideration we doubt not of all honest Mens Assistance and humbly hope for and implore the great God's Protection that turneth the Hearts of his People as pleaseth him best it having been observed That People can never be of one Mind without his Inspiration which hath in all Ages confirmed that Observation Vox Populi est Vox Dei. The pesent restoring of Charters and reversing the oppressing and unjust Judgment given on Magdalen Colledge Fellows is plain are but to still the people like Plums to Children by deceiving them for a while but if they shall by this Stratagem be fooled till this present storm that threatens the Papists be past assoon as they shall be resetled the former Oppression will be put on with greater vigour but we hope in vain is the Net spread in the sight of the Birds For 1. The Papists old Rule is That Faith is not to be kept with Hereticks as they term Protestants tho' the Popish Religion is the greatest Heresy And 2. Queen Mary's so ill observing her promises to the Suffolk-men that help'd her to her Throne And above all 3. the Popes dispensing with the breach of Oaths Treaties or Promises at his pleasure when it makes for the service of Holy Church as they term it These we say are such convincing Reasons to hinder us from giving Credit to the aforesaid Mock-Shews of Redress that we think our selves bound in Conscience to rest on no Security that shall not be approved by a freely Elected Parliament to whom under God we refer our Cause His Grace the Duke of NORFOLK's Speech to the Mayor of NORWICH on the First of December in the Market-place of Norwich Mr. MAYOR NOT doubting but you and the rest of your Body as well as the whole City and Country may be allarmed by the great Concourse of Gentry with the numerous Appearance of their Friends and Servants as well as of your own Militia here this Morning I have thought this the most proper place as being the most publick one to give you an account of our Intentions Out of the deep sense we had that in the present unhappy Juncture of Affairs nothing we could think of was possible to secure the Laws Liberties and Protestant Religion but a Free Parliament WE ARE HERE MET TO DECLARE that we will do our utmost to defend the same by declaring for such a Free Parliament And since His Majesty hath been pleased by the News we hear this day to order Writs for a
his Majesty to Treat with Him. And his Highnesses Answer WHereas on the 8 th of December 1688 at Hungerford a Paper signed by the Marquess of Hallifax the Earl of Nottingham and the Lord Godolphin Commissioners sent unto Us from His Majesty was delivered to Us in these Words following viz. SIR THE King commandeth us to acquaint You That he observeth all the Differences and Causes of Complaint alledged by Your Highness seem to be referred to a Free Parliament His Majesty as He hath already declared was resolved before this to call one but thought that in the present State of Affairs it was adviseable to defer it till things were more compos'd Yet seeing that His People still continue to desire it He hath put forth His Proclamation in order to it and hath Issued forth His Writs for the calling of it And to prevent any Cause of Interruption in it He will consent to every thing that can be reasonably required for the Security of all those that shall come to it His Majesty hath therefore sent Us to attend Your Highness for the adjusting of all Matters that shall be agreed to be necessary to the Freedom of Elections and the Security of Sitting and is ready immediately to enter into a Treaty in Order to it His Majesty proposeth that in the mean time the respective Armies may be restrained within such Limits and at such a Distance from London as may prevent the Apprehensions that the Parliament may in any kind be disturbed being desirous that the Meeting of it may be no longer delay'd than it must be by the usual and necessary Forms Signed Hallifax Nottingham Godolphin Hungerford Dec. 8 88. We with the Advice of the Lords and Gentlemen Assembled with Us have in Answer to the same made these following Proposals I. THat all Papists and such Persons as are not qualified by Law be Disarmed Disbanded and Removed from all Employments Civil and Military II. That all Proclamations which Reflect upon Us or any that have come to Us or declared for Us be recalled and that if any Persons for having so Assisted have been committed that they be forthwith set at Liberty III. That for the Security and Safety of the City of London the Custody and Government of the Tower be immediately put into the hands of the said City IV. That if His Majesty shall think fit to be at London during the Sitting of the Parliament that We may be there also with equal Number of Our Guards Or if his Majesty shall please to be in any place from London at what-ever distance he thinks fit that We may be at a place of the same distance And that the respective Armies do remove from London Thirty Miles and that no more Foreign Forces be brought into the Kingdom V. That for the Security of the Citiy of London and their Trade Tilbury Forâ— be put into the hands of the said City VI. That to prevent the Landing of French or other Foreign Troops Portsmouth may be put into such hands as by Your Majesty and Us shall be agreed upon VII That some sufficient part of the Publick Revenue be Assigned Us for the Maintaining of our Forces until the Meeting of a Free Parliament Given at Littlecott the Ninth of December 1688. W. H. Prince of Orange The KING's Letter TO THE EARL of FEVERSHAM Upon his leaving Whitehall Together with the Earl of Feversham's Letter to his Highness the PRINCE of Orange after the King's departure Whitehall Decemb. 10. 1688. THings being come to that Extremity that I have been forced to send away the Queen and my Son the Prince of Wales that they might not fall into my Enemies Hands which they must have done if they had staid I am obliged to do the same thing and to endeavour to secure my self the best I can in hopes it will please God out of his infinite Mercy to this Unhappy Nation to touch their Hearts again with true Loyalty and Honour If I could have relied on all my Troops I might not have been put to the extremity I am in and would at least have had one Blow for it but though I know there are many Loyal and brave Men amongst you both Officers and Souldiers yet you know that both you and several of the General Officers and Men of the Army told me it was no ways adviseable for me to venture my Self at their Head or think to fight the Prince of Orange with them and now there remains only for me to thank you and all those both Officers and Souldiers who have stuck to me and been truly Loyal I hope you will still retain the same Fidelity to Me and though I do not expect you should expose your selves by resisting a Foreign Army and a poysoned Nation yet I hope your former Principles are so enrooted in you that you will keep your selves free from Associations and such pernicious things Time presses so that I can say no more I. R. I must add this That as I have always found you Loyal so you have found me a kind Master as you shall still find me to be The Earl of Feversham's Letter SIR HAving receiving this Morning a Letter from His Majesty with the unfortunate News of his Resolution to go out of England and that he is actually gone I thought my self obliged being at the Head of his Army having received His Majesties Order to make no opposition against any body to let your Highness know with the Advice of the Officers here so soon as it was possible to hinder the misfortune of effusion of Blood I have ordered already to that purpose all the Troops that are under my Command which shall be the last Order they shall receive from c. By the Prince of Orange a DECLARATION WHereas We are Informed That divers Regiments Troops and Companies have been Encouraged to Disperse themselves in an Unusual and Unwarrantable Manner whereby the Publick Peace is very much Disturbed We have thought fit hereby to Require all Colonels and Commanders in Chief of such Regiments Troops and Companies by Beat of Drum or otherwise to call together the several Officers and Soldiers belonging to their Respective Regiments Troops and Companies in such Places as they shall find most Convenient for their Rendezvous and there to keep them in good Order and Discipline And We do likewise Direct and Require all such Officers and Soldiers forthwith to Repair to such Place as shall be Appointed for that Purpose by the respective Colonels or Commanders in Chief Whereof speedy Notice is to be given unto Us for Our further Orders Given at Our Court at Henly the Thirteenth Day of December 1688. W. H. Prince of Orange Guild-Hall London December the 11th 1688. By the Commissioners of Lieutenancy for the said City Ordered THat Sir Robert Clayton Knt. Sir William Russel Knt. Sir Basil Firebrace Knt. and Charles Duncomb Esq be a Committee from the said Lieutenancy to Attend His Royal Highness the Prince of
Obligation whereby one Man is bound to yield Obedience to another but what is founded in Paternal or Patriarchal Authority II. All the Subjects of a Patriarchal Monarch are Princes of the Blood. III. All the People of England are not Princes of the Blood. IV. No Man who is naturally free can be bound but by his own Act and Deed. V. Publick Laws are made by Publick Consent and they therefore bind every Man because every Man's Consent is involved in them VI. Nothing but the same Authority and Consent which made the Laws can repeal alter or explain them VII To judg and determine Causes against Law without Law or where the Law is obscure and uncertain is to assume Legislative Power VIII Power assumed without a Man's Consent cannot bind him as his own Act and Deed. IX The Law of the Land is all of a piece and the same Authority which made one Law made all the rest and intended to have them all impartially executed X. Law on one side is the Back-Sword of Justice XI The best things when corrupted are the worst and the wild Justice of a State of Nature is much more desirable than Law perverted and over-ruled into Hemlock and Oppression This Discourse of Magistracy c. and the former Reasons were written by the foresaid Mr. S. Iohnson The Definition of a TYRANT by the Learned and Loyal Abraham Cowley published by the present Lord Bishop of Rochester in his Discourse concerning the Government of Oliver Cromwel I Call him a Tyrant who either intrudes himself forcibly into the Government of his Fellow-Citizens without any Legal Authority over them or who having a just Title to the Government of a People abuses it to the destruction or tormenting of them So that all Tyrants are at the same time Usurpers either of the whole or at least of a part of that Power which they assume to themselves and no less are they to be accounted Rebels since no Man can usurp Authority over others but by rebelling against them who had it before or at least against those Laws which were his Superiours Several Queries proposed to the Sages of the Law who have studied to Advance the Publick equally with if not more than their own private Interest Q. I. WHether the Legislative Power be in the King only as in his Politick Capacity or in the King Lords and Commons in Parliament assembled If in the latter then Q. II. If the King grants a Charter and thereby great Franchises and Priviledges and afterwards the Grantees obtain an Act of Parliament for the Confirmation hereof is this the Grant of the King or of the Parliament If the latter as it seems to be because it is done by the whole and every part of the Legislative Power then Q. III. To whom can these Grantees forfeit this Charter And who shall take Advantage of the Forfeiture If the King then an Act of Parliament may be destroyed without an Act of Parliament If the Parliament only can call them to an Account then Q. IV. Of what Validity is a Iudgment pronounced under a colour of Law in B. R. against a Charter granted by Parliament If it be of any force then the King's Bench is Superior to the Legislative Power of the Kingdom If not then Q. V. What Reason can be assigned why it is not as safe to Act pursuant to an Act of Parliament notwithstanding a Iudgment entred in the King's Bench as it was to Act against an Act of Parliament before the Iudgment was entred And then Q. VI. Whether they that did the latter were not downright Knaves and whether they that refuse to do the former be not more nice than wise A LETTER TO THE KING When DUKE of YORK Perswading him to return to the Protestant Religion wherein the chief Errors of the Papists are exposed and the Tendency of their Doctrines to promote Arbitrary Government proved By an Old Cavalier and Faithful Son of the Church of England as Establish'd by Law. Illustrious Sir WHEN I look up to the Greatness of your Quality and down on my own meanness I cannot but tremble to make this Address so liable to be censur'd as presumptuous and obnoxious to variety of Misconstruction But since my Pen is guided by an Heart fill'd with profound Loyalty and Veneration towards all the Royal Family and a sincere respect and most passionate desires for the particular Prosperity Temporal and Eternal of your Royal Highness I cannot refrain discharging what I apprehended my Duty and therefore with good Esther finding not only my Country but your Highness also in such apparent I wish it may not prove inevitable hazard of Ruin am resolved to adventure forth and cast my poor weak Sentiments at your feet and If they perish they perish 'T is generally reported That you are long since turn'd Papist and so far believ'd That every day many hundred thousand Protestants are melted into Tears and Horror meerly on that Consideration and lament the same as one of the greatest Calamities that has happened in our Age. I must do my self so much Justice as to declaâ—e That I am none of those fanatical Spirits that either raise or lightly credit Rumours to the prejudice of my Superiors But besides what has been sworn by Persons whose Evidence none have hitherto been able to invalidate by any substantial Reasons or Incoherence in their Depositions your Highnesses Conduct and Deportment for many years past your absenting from the publick Worship of our Church Refusing legal Oaths and Tests your countenancing retaining an inâ—imate Correspondency with Roman Catholicks and many other Reasons not fit at least unnecessary here to be mention'd do all loudly speak it And for those who would go about to deny it as some wretched Pamphlet-scriblers and unthinking Health-drinkers have done besides the folly of the attempt they unwarily cast a greater load of Ignominy and Dishonour on your Highness whilst they pretend to vindicate you For is it imaginable That a Prince of your Generosity and Prudence would so far suffer the Affairs of your Royal Brother to be imbroil'd His Councils discompos'd all the Protestants in the World swallowed up with Astonishment and almost despair your own Honour fullied your Interest impaired and these Three Kingdoms put into a deplorable Distraction meerly upon a false supposition without rectifying in all this time their mistake by some real Demonstrations to the contrary If such a Capricio should sway with your Highness what were it but to render you the worst Subject the most unkind Brother the most Impolitick Prince and the maddest or most monstrous Man in the World I shall therefore take it for granted and consequently must tho' with all Humility and a Sorrow inexpressible direct my Discourse to your Highness as an Apostate from the Protestant Faith and if I am mistaken 't is your Highness has led not only me but almost all the World into that Error I am not insensible of my own weakness and
it will make an Annal suspected and seem a Fable to Posterity For who will believe that a King who had he acted agreeably to the true Interest of Himself and People might have been almost the Balance of Christendom who was prepared with a standing Army and always Remarkable for his Conduct in War should be invaded by a near Neighbour Son and Nephew and now in a Months time so generally deserted by his Nobility Gentry and Military Forces as to choose before the Sword was drawn to fly for Refuge to a Prince whose Title he and his Ancestors had long disputed This I say as the Learned Dr. Burnet Argues at large was the Lords doing and ought to be marvellous in our Eyes Diss. It was indeed an unparall'd Act of Providence but now our Deliverance is so far Compleated what are you Churchmen willing to do towards an Accommodation and to the Healing of those Differences which in a great measure have contributed to the Growth of Popery Ch. Though it be far above my Character to dictate what is fittest to be done at so great and difficult a Conjuncture yet my humble Wishes are that the Guardians and Supporters of our Church may resolve upon such Condescentions as may satisfy reasonable Men and prevent any longer Dissensions amongst us Yet this I would advise you and your Party i. e. to stay till you are Invited and not to thrust your selves into our Church We are now in the hopeful Crisis of our Fever and therefore you ought to take care left by tampering too much you disturb Nature in those methods she has took to digest her Humours and so ruine all I am not ignorant that at the beginning of the Reformation when a Church was to be made out of a Church several Ceremonies were retained in Compliance to that Age which a violent Alteration would have too much surprized but now the Humours of Men being changed may justly be laid aside On the other hand I am perswaded with the Author of Foxes and Firebrands that Rome has all along been industrious to foment our Divisions by sending us Emissaries who could artificially dissemble a tender Conscience and make credulous People believe that all the Decencies of our Worship were nothing but â—oppery Superstition and the Remainders of Popery Therefore I say my Wishes are that a Free and Unbyass'd Parliament will tread the middle path bearing an equal Respect to the Decenies of our Church and the tender Consciences of reasonable Men. Diss. Well Neighbour I am heartily glad to see these happy effects of our Calamities and as I think there can be no Government so perfectly appointed as to satisfy all yet I approve so well of your Temper and Wishes that I hope we may all Unite upon such or the like terms Ch. Therefore to end our Dispute I shall only now detain you with my hearty Prayers that the Result of this ensuing Convention on Ian. 22. may be happily to settle the Crown and that in the succeeding Parliament the management of these Difficulties may fall into the Hands of such Wise and Unbyass'd Persons that Peace and Truth may be established upon everlasting Foundations and no sinister Interest interrupt so great a Design Diss. Sir you have infinitely encouraged me to wait upon you oftner we being I think now either both Churchmen or both Dissenters Ch. Sir The Design of this Conference was to tell you freely my Sentiments and I intend ere long to make it more publick being willing to provoke some more learned and judicious Pen to perfect what I have here weakly attempted Farewel His Majesties Letter to the Lords and Others of his Privy Councel JAMES R. MY Lords When we saw that it was no longer safe for Us to remain within Our Kingdom of England and that thereupon We had taken Our Resolutions to withdraw for some time We left to be communicated to you and to all Our Subjects the Reasons of Our withdrawing And were likewise resolved at the same time to leave such Orders behind Us to you of our Privy Councel as might best suit with the present state of Affairs But that being altogether unsafe for Us at that time We now think fit to let you know that though it has been Our constant care since Our first Accession to the Crown to govern Our People with that Justice and Moderation as to give if possible no occasion of Complaint yet more particularly upon the late Invasion seeing how the Design was laid and fearing that Our People who could not be destroy'd but by themselves might by little imaginary Grievances be cheated into a certain Ruine To prevent so great Mischief and to take away not only all just Causes but even Pretences of Discontent We freely and of our own accord redressed all those things that were set forth as the Causes of that Invasion And that we might be informed by the Councel and Advice of our Subjects themselves which way we might give them a further and a full Satisfaction We resolved to meet them in a Free Parliament And in order to it We first laid the Foundation of such a Free Parliament in restoring the City of London and the rest of the Corporations to their ancient Charters and Priviledges and afterwards actually appointed the Writs to be issued out for the Parliaments meeting on the 15 th of Ianuary But the Prince of Orange seeing all the Ends of his Declaration answered the People beginning to be undeceived and returning apace to their ancient Duty and Allegiance and well fore-seeing that if the Parliament should meet at the time appointed such a Settlement in all Probability would be made both in Church and State as would totally defeat his ambitious and unjust Designs resolved by all means possible to prevent the meeting of the Parliament And to do this the most effectual way he thought fit to lay a restraint on Our Royal Person for as it were absurd to call that a Free Parliament where there is any force on either of the Houses so much less can that Parliament be said to act freely where the Soveraign by whose Authority they Meet and Sit and from whose Royal Assent all their Acts receive their Life and Sanction is under actual Confinement The hurrying of Us under a Guard from Our City of London whose returning Loyalty We could no longer trust and the other Indignities We suffered in the Person of the Earl of Feversham when sent to him by Us and in that barbarous Confinement of Our own Person We shall not here repeat because they are We doubt not by this time very well known and may we hope if enough considered and reflected upon together with his other Violations and Breaches of the Laws and Liberties of England which by this Invasion he pretended to restore be sufficient to open the Eyes of all our Subjects and let them plainly see what every one of them may expect and what Treatment they shall find-from him if
the Act and Oath of Council that such Confession should not militate yet they have brought it in as Evidence and given it upon Oath when their former Act and Oath was produced in open Court in Demonstration of their Perjury They used frequently to pack Juries picking out such as they thought any thing tender and not bloody enough and sometimes listed some who they concluded would not concur that thereupon they might get occasion to exact their Fines Sometimes when the Jury hath brought in their Verdict in Favour of the Pannal they have made them return and resume the Cognition of the Process again and threatned them with an Assize of Error if they did not bring him in Guilty yea frequently the Advocate theatned them under most peremptory Certifications if they found not the Impannalled Guilty so that their using Juries was but for the Fashion They have sentenced innocent Persons twice once to have their Ears cut off and banished and after the lopping of their Ears they have re-examined them and sentenced them to Death They used to stage several together of whom they knew some would comply to tantalize others with the sight of their Liberty thereby tempting them to bite more eagerly at their snaring Baits to wound the Conscience They have not only Murdered many innocent Christians in taking their Lives but also endevouâ—ed to Murder their Reputation and the Cause they owned loading it with most reproachful Epithets which was their peculiar Policy to bring the Heads of Suffering to Points most obnoxious to common Censer and most Extrinsick to Religion cutting off the Faithful Professors of Religion and true Lovers of Liberty under the odium of Enemies to Government Some they arraigned whom they could neither reach by adducing many Witnesses against in Tryal nor by their Examination with their cruel Torture of the Boots yet hath had their whole Estate seized and also been sent to Pâ—ison in a Rock within the Sea without being convicted of any Crime They finding their means and motions under Colour of Law and Trials were too slow and troublesome to acquire their designed Cruelties and that the publick Executions tended more to confirm and multiply the Lovers of Religion and Liberty than to diminish and deter took a more compendious way of sending out thâ—ir Souldiers impowered to challenge and examine whom they pleased and to tender Oaths required by no Law and to punish such by present Death who refused to swear or scrupled to answer their ensnaring Qâ—estion which bloody Commissions were so faithfully Executed that within few Weeks above fifty innocent Persons were cruelly murdered in cold Blood without either Tâ—yal or Convâ—â—â—â—on or respeâ—t to Age or Sex. Although the Multitudes of Familâ—es ruined by Exorbitant Finingâ— Forfeitures Banishments Imprisonments Free quaâ—terings and Plunderings of Souldierâ— and Barbarities of their Highland Host the many cruel Edicts and Proclamations they have published the unlawful Bonds and wicked self-contradicting Oaths imposed and pressed the many Exactions whereby they have impoverished the Country the many open Oppressions horrid Tortures and Cruelties practised upon Innocents the multitudes of Persons Male and Female whom they have Murdered Persecuted Oppressed and Destroyed are so many and various that they cannot be collected Yet some have been at no small pains to gether as much of these as when published in a Martyrology of these times which is purposed to be done with all convenient speed will give the World to know as well the Faithfulness Patience Courage and Constancy of these who suffered together with the Equity of their Cause as the Inhumanity Illegality and Severity of their Cruel and Bloody Persecutors The Late Honourable CONVENTION proved a Legal PARLIAMENT I. THE necessity of a Parliament agreed by the Lords and Commons Voting that the Throne is Vacant for there being a Vacancy there follows an immediate necessity of settling the Government especially the Writs being destroyed and the Great Seal carryed away put a period to all publick Justice and then there must be a supply by such means as the necessity requires or a failure of Government II. Consider the Antecedents to the calling the Convention that is about three hundred of the Commons which is a majority of the fullest House that can be made above sixty Lords being a greater number than any part divided amounted to at this great Meeting the Lord Mayor Aldermen and Common Council of the City of London by application to His then Highness the Prince of Orange desired him to accept of the Administration of Pâ—blick Affairs Military and Civil which he was pleased to do to the great satisfaction of all good People and after that His Highness was desired to Issue forth His Circular Letters to the Lords and the like to the Coroners and in their absence to the Clerks of the Peace to Elect Knights Citizens and Burgesses this was more than was done in Fifty nine for the calling a Parliament in April 1660. for there the Summons was not real but fictitious i. e. in the names of the Keepers of the Liberties of England a meer Notion set up as a Form there being no such Persons but a meer Ens rationis impossible really to exist so that here was much more done than in 1659 and all really done which was possible to be invented as the Affairs then stood Besides King Ch. the 2d had not abdicated the Kingdom but was willing to return and was at Breda whither they might have sent for Writs and in the mean time have kept their form of Keepers of the Liberties c. But in the present case there was no King in being nor any style or form of Government neither real or notional left so that in all these respects more was done before and at the calling of this Great Convention than for calling that Parliament for so I must call it yet that Parliament made several Acts in all thirty seven as appears by Keebles Statutes and several of them not confirmed I shall instance but in one but it is one which there was occasion to use in every County of England I mean the Act for Confirming and Restoring Ministers being the 17 th of that Sessions all the Judges allowed of this as an Act of Parliament tho' never confirmed which is a stronger case than that in question for there was only fictitious Summons here a real one III. That without the Consent of any Body of the People this at the Request of a Majority of the Lords more than halâ— the number of the Commons duly chosen in King Ch. the 2 d's time besides the great Body of the City of London being at least esteem'd a 5 th part of the Kingdom yet after the King's Return he was so well satisfied with the calling of that Parliament that it was Enacted by the King Lords and Commons Asâ—embled in Parliament that the Lords and Common then Sitting at Westminster in the present Parliament were thâ— two Houses of Parliament
to be printed and dispersed is contrair to Law. That the taking the Children of Noblemen Gentlemen and others sending and keeping them abroad to be bred Papists The making Funds and Donations to Popish Schools and Colledges the bestowing Pensions on Priests and the perverting Protestants from their Religion by offers of Places Preferments and Pensions are contrair to Law. That the disarming of Protestants and imploying Papists in the Places of greatest Trust both Civil and Military the thrusting out Protestants to make room for Papists and the entrusting Papists with the Forts and Magazines of the Kingdom are contrair to Law. That the imposing Oaths without Authority of Parliament is contrair to Law. That the giving Gifts or Grants for raising of Mony without the Consent of Parliament or Convention of Estates is contrair to Law. That the imploying Officers of the Army as Judges through the Kingdom or imposing them where there were several Offices and Jurisdictions and the putting the Leiges to Death summarily and without legal Trial Jury or Record are contrair to Law. That the imposing extraordinary Fines the exacting of exorbitant Bail and the disposing of Fines and Forfaultures before Sentence are contrair to Law. That the Imprisoning Persons without expressing the reason thereof and delaying to put them to Trial are contrair to Law. That the causing pursue and forfault Persons upon Stretches of old and obsolete Laws upon frivolous and weak Pretences upon â—ame and defective Probation as particularly the late Earl of Aâ—gyle are contraiâ— to Law. That the nominating and imposing Magistrates Councils and Clerks upon Burgâ—s contrair to the Liberties and express Charters is contrair to Law. That the sending Leâ—ters to the Courts of Justice ordaining the Judges to stop or desist from determining Causes or ordaining them how to proceed in Causes depending before them and the changing the Nature of the Judges Gifts ad vitam aut culpam unto Commissions Durante bene placito are contrair to Law. That the granting Personal Protections for Civil Debts is contrair to Law. That the forcing the Leiges to depone against themselves in Capital Crimes however the Punishment be restricted is contrair to Law. That the using Torture without Evidence or in ordinary Crimes is contrair to Law. That the â—ending of an Army in a Hostile manner upon any part of the Kingdom in a peaceable time and exacting of Locality and any manner of Free Quarter is contrair to Law. That the charging the Leiges with Law-burroughs at the King's instance and the imposing of Bands without the Authority of Parliament and the suspending the Advocates from their Imployments for not compearing when such Bands were offered were contrair to Law. That the putting of Garisons on private Mens Houses in a time of peace without the consent of the Authority of Parliament is contrair to Law. That the opinion of the Lords of Session in the two Causes following were contrair to Law viz. 1. That the concerting the demand of a Supply for a Forfaulted Person although not given is Treason 2. That Persons refusing to discover what are their private thoughts and Judgments in relation to points of Treason or other Mens actions are guilty of Treason That the fining Husbands for their Wives withdrawing from the Church was contrair to Law. That Prelacy and Superiority of any Office in the Church above Presbyters is and hath been a great and unsupportable Grievance and Trouble to this Nation and contrair to the Inclinations of the Generality of the People ever since the Reformation they having Reformed from Popery by Presbyters and therefore ought to be abolished That it is the Right and Privilege of the Subjects to protest for remead of Law to the King and Parliament against Sentences pronounced by the Lords of Session providing the same do not stop execution of the said Sentences That it is the Right of the Subjects to Petition the King and that all Imprisonments and Prosecutions for such Petitions are contrair to Law. That for redress of all Grievances and for the amending strengthning and Preserving of the Laws Parliaments ought to be frequently called and allowed to sit and the freedom of Speech and Debate secured to the Members And they do claim and demand and insist upon all and sundry the Premisses as their undoubted Right and Liberties and that no Declarations Doings or Proceedings to the prejudice of the People in any of the said Premisses ought in any ways to be drawn hereafter in consequence and example but that all Forfaultures Fines loss of Offices Imprisonments Banishments Pursuits Persecutions and Rigorous Executions be considered and the Parties seized be redressed To which demand of the Rights and Redressing of their Grievances they are particularly incouraged by his Majesty the King of England his Declaration for the Kingdom of Scotland of the day of October last as being the only means for obtaining a full redress and remead therein Having therefore an entire Confidence That his said Majesty the King of England will perfyte the Deliverance so far advanced by him and will still preserve them from the Violation of the Rights which they have here asserted And from all other Attempts upon their Religion Laws and Liberties The said Estates of the Kingdom of Scotland do resolve That William and Mary King and Queen of England France and Ireland Be and Be Declared King and Queen of Scotland to Hold the Crown and Royal Dignity of the said Kingdom of Scotland to them the said King and Queen during their Lives and the longest Liver of them and that the sole and full exercise of the Royal Power be only in and exercised by him the said King in the Names of the said King and Queen during their joynt Lives And after their deceases the said Crown and Royal Dignity of the said Kingdom to be to the Heirs of the Body of the said Queen Which sailing to the Princess Ann of Denmark and the Heirs of her Body which also sailing to the Heirs of the Body of the said William King of England And they do pray the said King and Queen of England to accept the same accordingly And that the Oath hereafter mentioned be taken by all Protestants of whom the Oath of Allegiance and any other Oaths and Declarations might be required by Law instead thereof And that the said Oath of Allegiance and other Oaths and Declarations may 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. The manner of the Proclaiming of King WILLIAM and Queen MARY at White-hall and in the City of London Feb. 13. 1688 9. ABout half an hour past Ten in the Morning the Lords and Commons came from Westminster to White-hall in their Coaches and alighted at the Gate went up into the Banqueting-House where they presented the Prince and Princess of Orange with an Instrument in Writing for declaring their Highnesses