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. [671]

The 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