The Great Events by Famous Historians [Volumes 1-14]

These few sentences of plain-speaking swept away the clouds of intrigue and pedantry as by a wholesome gust of wind. Both political parties at once perceived that there was but one possible issue from the situation. The conference was duly held, and the constitutional question was, with great display of now unnecessary learning, solemnly debated; but the managers for the two Houses met only to register a foregone conclusion. The word "abdicated" was restored; the vacancy of the throne was voted by sixty-two votes to forty-seven; and it was immediately proposed and carried without a division that the Prince and Princess of Orange should be declared king and queen of England.

It now only remained to give formal effect to this resolution, and in so doing to settle the conditions whereon the crown, which the convention had now distinctly recognized itself as conferring upon the Prince and Princess, should be conferred. A committee appointed by the Commons to consider what safeguards should be taken against the aggressions of future sovereigns had made a report in which they recommended not only a solemn enunciation of ancient constitutional principles, but the enactment of new laws. The Commons, however, having regard to the importance of prompt action, judiciously resolved on carrying out only the first part of the programme. They determined to preface the tender of the crown to William and Mary by a recital of the royal encroachments of the past reigns, and a formal assertion of the constitutional principles against which such encroachments had offended. This document, drafted by a committee of which the celebrated Somers, then a scarcely known young advocate, was the chairman, was the famous "Declaration of Right." The grievances which it recapitulated in its earlier portion were as follows:

(1) The royal pretension to dispense with and suspend laws without consent of Parliament; (2) the punishment of subjects, as in the "Seven Bishops'" case, for petitioning the crown; (3) the establishment of the illegal court of high commission for ecclesiastical affairs; (4) the levy of taxes without the consent of Parliament; (5) the maintenance of a standing army in time of peace without the same consent; (6) the disarmament of Protestants while papists were both armed and employed contrary to law; (7) the violation of the freedom of election; (8) the prosecution in the king's bench of suits only cognizable in Parliament; (9) the return of partial and corrupt juries; (10) the requisition of excessive bail; (11) the imposition of excessive fines; (12) the infliction of illegal and cruel punishments; (13) the grants of the estates of accused persons before conviction.

Then after solemnly reaffirming the popular rights from which these abuses of the prerogative derogated, the declaration goes on to recite that, having an "entire confidence" William would "preserve them from the violation of the rights which they have here asserted, the Three Estates do resolve that William and Mary, Prince and Princess of Orange, be and be declared king and queen: to hold the crown and royal dignity, to them the said Prince and Princess during their lives and the life of the survivor of them; and the sole and full exercise of the royal power be only in and exercised by the said Prince of Orange, in the names of the said Prince and Princess during their lives, and, after their deceases, the said crown and royal dignity of the said kingdoms and dominions 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 the default of such issue, to the issue of the said Prince of Orange." Then followed an alteration required by the scrupulous conscience of Nottingham in the terms of the oath of allegiance.