Surely now or never was the time to secure public liberty by such fences as might effectually prevent the encroachments of prerogative.670 There was doubtless great weight in what was urged on both sides. The able chiefs of the Whig party, among whom Somers was fast rising to ascendency, proposed a middle course. The House had, they said, two objects in view, which ought to be kept distinct. One object was to secure the old polity of the realm against illegal attacks: the other was to improve that polity by legal reforms. The former object might be attained by solemnly putting on record, in the resolution which called the new sovereigns to the throne, the claim of the English nation to its ancient franchises, so that the King might hold his crown, and the people their privileges, by one and the same title deed. The latter object would require a whole volume of elaborate statutes. The former object might be attained in a day; the latter, scarcely in five years. As to the former object, all parties were agreed: as to the latter, there were innumerable varieties of opinion. No member of either House would hesitate for a moment to vote that the King could not levy taxes without the consent of Parliament: but it would be hardly possible to frame any new law of procedure in cases of high treason which would not give rise to long debate, and be condemned by some persons as unjust to the prisoner, and by others as unjust to the crown. The business of an extraordinary convention of the Estates of the Realm was not to do the ordinary work of Parliaments, to regulate the fees of masters in Chancery, and to provide against the exactions of gaugers, but to put right the great machine of government. When this had been done, it would be time to inquire what improvement our institutions needed: nor would anything be risked by delay; for no sovereign who reigned merely by the choice of the nation could long refuse his assent to any improvement which the nation, speaking through its representatives, demanded.
On these grounds the Commons wisely determined to postpone all reforms till the ancient constitution of the kingdom should have been restored in all its parts, and forthwith to fill the throne without imposing on William and Mary any other obligation than that of governing according to the existing laws of England. In order that the questions which had been in dispute between the Stuarts and the nation might never again be stirred, it was determined that the instrument by which the Prince and Princess of Orange were called to the throne, and by which the order of succession was settled, should set forth, in the most distinct and solemn manner, the fundamental principles of the constitution. This instrument, known by the name of the Declaration of Right, was prepared by a committee, of which Somers was chairman. The fact that the low born young barrister was appointed to so honourable and important a post in a Parliament filled with able and experienced men, only ten days after he had spoken in the House of Commons for the first time, sufficiently proves the superiority of his abilities. In a few hours the Declaration was framed and approved by the Commons. The Lords assented to it with some amendments of no great importance.671The Declaration began by recapitulating the crimes and errors which had made a revolution necessary. James had invaded the province of the legislature; had treated modest petitioning as a crime; had oppressed the Church by means of an illegal tribunal;had, without the consent of Parliament, levied taxes and maintained a standing army in time of peace; had violated the freedom of election, and perverted the course of justice.
Proceedings which could lawfully be questioned only in Parliament had been made the subjects of prosecution in the King's Bench.
Partial and corrupt juries had been returned: excessive bail had been required from prisoners, excessive fines had been imposed: barbarous and unusual punishments had been inflicted: the estates of accused persons had been granted away before conviction. He, by whose authority these things had been done, had abdicated the government. The Prince of Orange, whom God had made the glorious instrument of delivering the nation from superstition and tyranny, had invited the Estates of the Realm to meet and to take counsel together for the securing of religion, of law, and of freedom. The Lords and Commons, having deliberated, had resolved that they would first, after the example of their ancestors, assert the ancient rights and liberties of England. Therefore it was declared that the dispensing power, lately assumed and exercised, had no legal existence; that, without grant of Parliament, no money could be exacted by the sovereign from the subject; that, without consent of Parliament, no standing army could be kept up in time of peace. The right of subjects to petition, the right of electors to choose representatives freely, the right of Parliaments to freedom of debate, the right of the nation to a pure and merciful administration of justice according to the spirit of its own mild laws, were solemnly affirmed. All these things the Convention claimed, in the name of the whole nation, as the undoubted inheritance of Englishmen. Having thus vindicated the principles of the constitution, the Lords and Commons, in the entire confidence that the deliverer would hold sacred the laws and liberties which he had saved, resolved that William and Mary, Prince and Princess of Orange, should be declared King and Queen of England for their joint and separate lives, and that, during their joint lives, the administration of the government should be in the Prince alone. After them the crown was settled on the posterity of Mary, then on Anne and her posterity, and then on the posterity of William.
