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.
Public-domain text, read in full here on John Shaqi.
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