The Speaker.] In the 18th of King James, there were Impeachments of Monopolies, and the House fent for men in Cuftody, and they were committed till Examination.

Ordered, That Sir James Smith be committed to the Cuftody of the Serjeant at Arms.

Thursday, February 7.

The Lords agreed to the Vote of "Abdication,” and “the Throne vacant.

Earl of Wiltshire*.] Now that the Lords have agreed "the Throne vacant," I hope you will proceed to fill the Throne. The perfons formerly named are the most proper that can be thought of, the Prince and Princefs of Orange. I have not parts able to set out their merits, and what we owe this great Prince for delivering us from Popery and Slavery; and there is no way to fecure us from the return of it, but by placing them on the Throne, and to preserve the ancient Government. You have been told here of going about to make this an elective Government; but I believe nobody here is of any other opinion, but that the Government is in King, Lords, and Commons.

Major Wildman.] To prevent Anarchy, nothing can be better than to proceed to nominate the Prince and Princefs of Orange King and Queen of England.

Mr Palmes.] I rife not to oppofe the Motion, but to hear what the Committee will report of the Preli

Eldeft fon to the Marquefs of Winchefer, afterwards Duke of Belton. Having gone over to Holland in the reign of King James, he came back with the Prince of Orange, and was very inftrumental in the Revolution. In 1690 he made the campaign with the King In Flanders, and was afterwards appointed Lord Chamberlain, Colonel of Foot, and one of the Lords Juftices of Ireland. In 1699, he fuc. ceeded to the title of Duke of Bal

ton; and in the reign of Queen Anne was Warden of the New Foreft, Governor of the Ifle of Wight, &c. In 1715, he was appointed (by King George I.) Lord Chamberlain, and in 1717 was declared Lord Lieute. nant of Ireland. He was also twice one of the Lords Juftices, during his Majesty's abfence in his German dominions, and died in 1721. He was Grandfather to the prefent Duke.

minary Heads. I know not whether you will preclude the Committee, by going fo foon to this Vote. They are preparing the Heads, and will be ready with them prefently.

Mr Wogan.] Before you proceed to the Article of Investure, let the prefent nomination of the Prince and Princess of Orange be for life, &c. and the Heirs of her body, not as it was in Philip and Mary.

Mr Bofcawen.] We are upon as great an affair as ever was before a Houfe of Commons; and I hope we shall be unanimous. It concerns us for the dignity of the Houfe. It is worthy your confideration, whether you will call the Committee down, or stay till they have done.

Mr Hampden.] Do not any thing in hafte. I would let the Committee confider well what must be for the benefit of all pofterity, when you are dead and gone; and I hope your Refolutions and Rules will be orderly. I believe all the Gentlemen are agreed what to do; but things of this nature cannot be done as with Counsel in a Chamber, and a Clerk only to write. In fo great a bufinefs, pray let us do orderly things. You may call to the Committee, to fee what they have done; or you may order them to go on, if they have not finished.

Mr Wharton.] I am forry for fo long a Debate of this. I would not go on without calling the Committee down; but would not lofe all these Heads the Gentlemen are doing, but act as a wife Affembly.

The Lords fent down the following Vote, and Oaths to be taken, inftead of the Oaths of Allegiance and Supremacy, &c; to which they defired the Concurrence of this Houfe:

["Die Mercurii, 6 Feb. 1688.

"Refolved, by the Lords Spiritual and Temporal, and affembled at Westminster, That the Prince and Princess of Orange fhall be declared King and Queen of England, and all the dominions thereunto belonging."

F 4

"I A.B.

"I A. B. do fincerely promise and fwear, that I will be faithful, and bear true Allegiance, to their Majefties King Wil→ liam and Queen Mary. So help me God.

"I A. B. do fwear, that I do from my heart abhor, deteft, and abjure, as impious and heretical, this damnable Doctrine and Pofition, that Princes excommunicated or deprived by the Pope, or any authority of the See of Rome, may be depofed or murdered by their fubjects, or any other whatsoever: And I do declare, that no foreign Prince, Prelate, State, or Potentate, hath, or ought to have, any Jurifdiction, Power, Superiority, Preheminence, or Authority, Ecclefiaftical or Spiritual, within this Realm. So help me God.

"That thefe Oaths be taken by all perfons, when tendered to them, of whom the Oaths of Allegiance, and Supremacy * be abrogated."]

In the Afternoon.

Sir George Treby reports Heads from the Committee †, &c. The Committee were divided in opinion, whether you should declare That no Pardons fhould be pleadable to an Impeachment in Parliament," nor would countenance Pardons to perfons who may not have deserved them, nor for recording the Heads in Chancery, till you refolve what use to make of them.

Sir Robert Sawyer.] Now you are providing new Laws for your future fafety, 'tis proper to mention a new one, viz. "That no Popish Succeffor fhall be capable to inherit the Crown of England, and no Papist capable of fucceeding to the Crown."

Col. Tipping.] If the Prince and Princess of Orange and Princess Anne die without iffue, the Crown will defcend to the Queen of Spain, and the Pope may difpenfe with Religion, and the Dutchefs of Savoy. Therefore I move, "That none that have been Papists fhall be capable to inherit the Crown."

Col. Mildmay.] I would have it, "Have been, or fhall be, a Papift."

Sir John Guife.] You have agreed the Throne to be vacant, but have had no confideration when you will fill it; and then will be the most proper time to confider this,

*So in the Journal.

+ See thefe Heads at large in the Journal.

Lord

Lord Dumblaine.] King James has had the misfortune to go out of the Throne. I have been always against electing a Monarch, and against coming into a Commonwealth; therefore I would first fill the Throne. It cannot be filled unless vacant. I afk pardon for my mistake the other day, in my Vote, "that the Throne was not vacant." I have great obligation to [the Prince] and have showed my duty to him-You cannot do too much for him.

Sir Robert Howard.] I would leave out the word fhall, &c." There is a great deal of difference between one that turns when the ground is falling under him, and one that longer fince has given good testimony of his Religion. I would not have you fo penned up as to exclude all poffibility of converfion..

Sir John Guife. There is a great deal of difference between a Peer (in his converfion) that has a fingle Vote in the Lords House, and the King, that has his Negative Voice in paffing Laws.

[Refolved, That Provifion be made for the Settlement of the Crown, that no Papift may fucceed or be admitted thereto; nor any person that hath made or shall make profeffion of being a Papift.]

Mr Sacheverell.] I would go farther than to declare the Prince and Princefs of Orange King and Queen : I would declare who fhall have the Administration of the Government, if they divide; and then, whither the Government shall go after. I would never leave it precarious.

Mr Paul Foley.] I fecond the laft Motion. If the Prince and Princefs of Orange be declared King and Queen, in the nature of joint tenants and furvivorfhip, and not in intention to put by the Lady Anne, I agree to it. I would have them declared for their lives, and the longer liver of them; and declare the Entail afterwards.

Sir Robert Sawyer.] I would declare him King in her right.

Sir Richard Temple.] I am ready to agree to fill up the Throne, as the Lords have propofed. If you declare any body King, the queftion is, whether you will not come too late. I thought it your intention, when you filled the Throne to do these things, which will be too late afterwards. You are told, when once the King is in the Throne, without Limitation, it is to him and his Heirs. If you declare them King and Queen, either the Prince is in right of the QueenHow will this be understood? If he be King de facto, it is more than you intend. Such Limitation as to preferve the Right to the Princefs and her Heirs-I would stay there, but let the Committee add, "We know none fo fit as the Prince and Princess, and therefore we take the Crown to be fitter to be trusted with nobody than him who has delivered us." If they be declared King and Queen jointly, no Dispatch nor Letter can be fent but must be jointly by the Prince and Princess.

Col. Birch.] I move you to draw up a fhort Inftrument of the Heads of your Intention, to be comprehended within that Inftrument.

Mr Sacheverell.] I do not fuppofe this Inftrument of Government to be a new Limitation of the Crown, but what of right is ours by Law. Settle us in fuch a ftate that we may defire the Prince of Orange. We fhould make no Conclufion before the Premifes are agreed.

Sir Thomas Lee.] The matter fingly before you is, the Report from the Committee. It propofes a method of Declaration of the Rights of the Subject to go along with the Declaration of filling up the Throne, and there it will fall naturally. I would adjourn till to-morrow, and poftpone the Claufe of the Crown. As to what fell from Sawyer, if you adjourn the Debate, then the next thing will be to fill the Vacancy; and then how far this nomination of two perfons who fhall have the Administration of the Government, that there be no ftand in the Government, fhall extend,

whether