This Seffion produced likewise one Proteft more, in point of Time, prior to those already inferted, as follows: Die Martis 19° Novembris, 1689. Anno 2 Will. Hodie 3 vice leta eft Billa, An Act difabling Minors to Bill to disable marry without the Confent of their Fathers or Guardians, Minors from and against their untimely marrying after the Decease of their marrying withFathers, and for preventing all clandeftine Marriages for the out Confent future. The Question being put, Whether this Bill shall pafs? of Parents, or Guardians, paf fed. Memorandum, That thefe Lords following, before the put- Carnarvon, Dartmouth, W. Landaff, P. Winchester, Ab- January the 27th, The King came to the Houfe, and 9229292 92 52928209209 The Second Parliament of King WILLIAM AS open'd at Westminster, March 20, 1689-90, and the Commons having chofen their Speaker, the next Day the King made his Speech to both Houses which is to be found in CHANDLER's Hiftory, Anno 2 W. and M. 1690, Page 373. April Anno 2 Will. fil. 1690. Amendment to April 5th, A Report was made from the Committee to the whole Houfe of the Amendments upon the Bill declaring the Acts in the laft Parliament of full Force, and for recognizing the Bill of Re- their Majefties to the King and Queen, that the Committee had fat on the firft enacting Clause in the Bill, and have made cognition, thefe Amendments therein, viz. In the second Sheet in the first Line, after (declared) they have added (adjudged) and in the twelfth Line they have left out the word (adjudged) and they defire the Concurrence of the House therein. Rejected. Proteft thereon. Then the Queftion was put, Whether this House agrees with the Committee in this Report? It was refolved in the Negative, Contents 30. Not content 36. Leave having been given to any Lords to enter their Diffents, if the Queftion was carried in the Negative, we whose Names are hereafter written do enter our Diffents for these Reafons following: ift, Because there appears to us no Reason to doubt of the Validity of the laft Parliament, the great Objection infifted upon being the want of Writs of Summons, which we take to be fully answered by the State the Nation was in at that time, which made that Form impoffible, fuch Exigencies of Affairs having been always looked upon by our Ancestors (however careful of parliamentary Forms) to be a fufficient Reafon to allow the Authority of Parliament, notwithstanding the fame, or other Defects in point of Form; as the Parliament which fet Henry I. and King Stephen on the Throne; the Parliament held 28 Edward I. the Parliament fummoned by the Prince of Wales 20 Edward II. the Parliament fummoned 23 Richard II. the Parliament held 1 Henry VI. and the Parliament held 28 Henry VI. the Acts of which Parliaments have been held for Law. 2dly, Because the rejecting this Claufe muft néceffarily difturb the Minds of the greateft Part of the Kingdom, for if those be not good Laws, all Commiffioners, Affeffors, Collectors and Receivers of the late Taxes are not only fubject to private Actions, but to be criminally profecuted for one of the highest Offences against the Conftitution of the Englife Government, viz. the levying Money on the Subject without lawful Authority; all Perfons who have lent Money, upon the Credit of thofe Laws, will be in dread of their Security, and impatient to get in their Money; all Persons concerned in levying the prefent Taxes will be fearful to proceed; all Persons who have accepted any Offices or Employments Ecclefiaftical, Civil or Military, will be under the Apprehenfion of having incurred all the terrible Forfeitures and Difabilities of the Act of 25 Charles II. cap. 2. and all who have any way concurred to the Condemnation or Exe cution of any Perfon upon any Act of the late Parliament, Anno 2. Will. will think themselves in Danger of being called to an Ac- II 1690. count for Murder. 3dly, Because to leave a Doubt touching the Validity of the laft Parliament, is to shake all the Judgments and Decrees given in the House of Peers, or in Weftminster Hall, during this Reign; and to bring a Question upon the whole Course of judicial Proceedings. 4thly, Because if the Authority of the laft Parliament be not put out of the Question, the Authority of the present Parliament can never be defended, for the Statute of 5 Eliz. cap. 1. makes the Election of every Member of the House of Commons absolutely void, if he enters into the House without taking the Oath of Supremacy, which no one Person having done, there is an End of this House of Commons: And by the Statute made 30 Car. II. if any Peer or Member of the House of Commons presume to fit and vote without first taking the Oaths of Allegiance and Supremacy, be#fore the Speaker of the refpective Houses, he does not only forfeit Five Hundred Pounds, and become a Popish Recufant, and disabled to take a Legacy, to hold any Office or Place of Truft, to profecute any Suit, to be a Guardian, Executor or Adminiftrator, but is made for ever incapable to fit and vote in either House of Parliament; and confequently this can be no Parliament, nor any who have fat in either House be capable of fitting in Parliament hereafter. 5thly, Because to leave room to doubt of the Authority of the latt Parliament, is to fhake the Succeffion of the Crown established by it, and the Credit and Authority of all Treaties made with foreign Princes and States by King William, as the undoubted King of thefe Re-lms; fo that if the last was no Parliament, and their Acts no Law, this is our Cafe: The Nation is engaged in a War without the Confent of Parliament, the old Oaths of Supremacy and Allegiance remain in Force, and the Nation forced, under Colour of Law, to fwear Fidelity to King William, though they can never act as a lawful Parliament without taking the Oaths of Allegiance to King James: All Judgments and Decrees in the House of Lords, during the late Parliament, are of no Force; great Sums of Money have been levied, without Confent of Parliament, and Men have been put to Death, not only without, but against Law; which is the worst fort of Murder: Laftly, the King upon the Throne, the Peerage of England, and the Commons freely elected by the People, have been Parties to all this The Peers and Commons now affembled are under a perpetual Disability, and the Nation is involved in endless Doubts and Confufions, without any legal Settlement or Pof1690. Eee fibility Anno 2 Will. fibility to arrive at it, unless a Parliament be fummoned by King James's Writ, and the Oaths of Allegiance taken to Il 1990 The faid Bill pals'd. Proteft. Ordered to be expunged. Proteft thereon. him. Bolton, Macclesfield, Stamford, Newport, Bedford, Herbert, Suffolk, Monmouth, Delamer, Oxford. The 8th, Hodie 33 vice leta eft Billa, An A& for recog. nizing the King and Queen, and for avoiding all Questions touching the Acts made in the Parliament affembled at Weftminster the 13th Day of February, 1688. The Question was put, Whether this Bill fhall pass? Ít was refolved in the Affirmative. Before the Question was put, feveral Lords defired Leave to enter their Diffents, if the Queftion was carried in the Affirmative. Diffentient' ft, Becaule, we conceive, that faying, (It is enacted by the Authority of the prefent Parliament, that all and fingular the Acts made in the laft Parliament were Laws) is neither good English nor good Senfe. 2dly, If it were good Senfe to enact for the time past, it muti be undertiood, on this Subject, to be the declaring of Laws to be good which were paffed in a Parliament not called by Writ in due Form of Law, which is deftru&tive of the legal Constitution of this Monarchy, and may be of evil and pernicious Confequence to our prefent Government under this King and Queen. Somerfet, Rockefter, J. Jermyn, Weftmoreland, H. London, The foregoing Reafons were ordered to be expunged, but the above may be depended upon as a genuine Copy. The 10th, The Reafons in the Proteftation made the 8th Inftant against fome Words in the Bill for recognizing King William and Queen Mary being read, were, upon the Queltion, feverally ordered to be expunged out of the Journal. Leave having been afked and given for entering Diffents, if the Queftions were carried in the Affirmative: Diffentient' Whereas the Questions for expunging the Reasons of our Proteftation April the 8th, were carried in the Affirmative; and whereas thefe Reasons were only against fome Words in one Claufe in the Bill entitled, An Act for recognizing King William and Queen Mary, and for avoiding all Questions touching the Acts made in the Parliament assembled at Weftmintier the 13th Day of February, 1688, which enacted, that the the Alts of the late Parliament were Laws and Statutes of Anno 2 Will. this Realm: III. 1690. And Leave being given to enter our Diffents to those Reasons, we do fo accordingly for thefe Reasons : ift, Because it is the Privilege of the Peers to enter their A Diffent, and it has been the antient Practice to enter also the Reasons of fuch Diffent, of which the Lords, that fo proteft, are the most proper Judges, as well knowing what Arguments perfwaded them to be of that Opinion; and no Reasons can be more proper than fuch as they conceive are founded upon Matter of Fact and the Law of the Land. 2dly, Because there is no other Precedent of expunging the Reasons of any Proteftation: 3dly, Because the Proteftation was not against the whole Bi, but fome particular Words of it; but by expunging the Reafons of that Proteftation it appears that we have protefted against the whole Bill, which is contrary to our Senfe and Intentions. Nottingham, J. Jermyn, H. London, Tho. Menev, Ed. of London farther Time. The 13th, The Report was made from the Committee of Report of althe whole House upon the Bill for reverfing the Judgment in a lowing the City Quo Warranto against the City of London, and for reftoring the City to its antient Rights and Privileges, That the Committee had thought fit (upon the Council defiring it) to allow further Time for the faid City to be heard by their Council. And after Debate, the Question being put,' Whether to agree with the Committee in allowing them longer Time, It was refolved in the Negative, Contents 42, Proxies 2 ; Not agreed to. in all 44. Not content 40, Proxies 7; in all 47. Leave having been given to any Lords to diffent, if the Question was carried in the Negative, we whofe Names are hereafter written, do proteft to the said Question in the Reafons following: ift, Because it seems very hard, that a further Time of Proteft thereon. Preparation fhould not be allowed in a Cafe of the highest Importance, to which the City, by their whole representative Body, had defired to be heard, especially several Lords having informed the House on their Behalf, that the Time granted them was not fufficient to instruct their Council, who, at the Bar, did alfo defire a further Day to be able to speak to fuch important Points, declaring themfelves not fufficient Eee 2 ly |