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Bill of Rights [1689] An
Act Declaring the Rights and Liberties of the Subject and Settling the Succession
of the Crown Whereas
the Lords Spiritual and Temporal and Commons assembled at Westminster, lawfully,
fully and freely representing all the estates of the people of this realm,
did upon the thirteenth day of February in the year of our Lord one thousand
six hundred eighty-eight [old style date] present unto their Majesties, then
called and known by the names and style of William and Mary, prince and princess
of Orange, being present in their proper persons, a certain declaration in writing
made by the said Lords and Commons in the words following, viz.:
Whereas
the late King James the Second, by the assistance of divers evil counsellors,
judges and ministers employed by him, did endeavour to subvert and extirpate
the Protestant religion and the laws and liberties of this kingdom; By
assuming and exercising a power of dispensing with and suspending of laws and
the execution of laws without consent of Parliament; By
committing and prosecuting divers worthy prelates for humbly petitioning to
be excused from concurring to the said assumed power; By
issuing and causing to be executed a commission under the great seal for erecting
a court called the Court of Commissioners for Ecclesiastical Causes; By
levying money for and to the use of the Crown by pretence of prerogative for
other time and in other manner than the same was granted by Parliament; By
raising and keeping a standing army within this kingdom in time of peace without
consent of Parliament, and quartering soldiers contrary to law; By
causing several good subjects being Protestants to be disarmed at the same
time when papists were both armed and employed contrary to law; By
violating the freedom of election of members to serve in Parliament; By
prosecutions in the Court of King's Bench for matters and causes cognizable
only in Parliament, and by divers other arbitrary and illegal courses; And
whereas of late years partial corrupt and unqualified persons have been returned
and served on juries in trials, and particularly divers jurors in trials for
high treason which were not freeholders; And
excessive bail hath been required of persons committed in criminal cases to
elude the benefit of the laws made for the liberty of the subjects; And
excessive fines have been imposed; And
illegal and cruel punishments inflicted; And
several grants and promises made of fines and forfeitures before any conviction
or judgment against the persons upon whom the same were to be levied; All
which are utterly and directly contrary to the known laws and statutes and
freedom of this realm; And
whereas the said late King James the Second having abdicated the government
and the throne being thereby vacant, his Highness the prince of Orange (whom
it hath pleased Almighty God to make the glorious instrument of delivering
this kingdom from popery and arbitrary power) did (by the advice of the Lords
Spiritual and Temporal and divers principal persons of the Commons) cause letters
to be written to the Lords Spiritual and Temporal being Protestants, and other
letters to the several counties, cities, universities, boroughs and cinque
ports, for the choosing of such persons to represent them as were of right
to be sent to Parliament, to meet and sit at Westminster upon the two and twentieth
day of January in this year one thousand six hundred eighty and eight [old
style date], in order to such an establishment as that their religion, laws
and liberties might not again be in danger of being subverted, upon which letters elections
having been accordingly made; And
thereupon the said Lords Spiritual and Temporal and Commons, pursuant to their
respective letters and elections, being now assembled in a full and free representative
of this nation, taking into their most serious consideration the best means
for attaining the ends aforesaid, do in the first place (as their ancestors
in like case have usually done) for the vindicating and asserting their ancient rights
and liberties declare That
the pretended power of suspending the laws or the execution of laws by regal
authority without consent of Parliament is illegal; That
the pretended power of dispensing with laws or the execution of laws by regal
authority, as it hath been assumed and exercised of late, is illegal; That
the commission for erecting the late Court of Commissioners for Ecclesiastical
Causes, and all other commissions and courts of like nature, are illegal and
pernicious; That
levying money for or to the use of the Crown by pretence of prerogative, without
grant of Parliament, for longer time, or in other manner than the same is or
shall be granted, is illegal; That
it is the right of the subjects to petition the king, and all commitments and
prosecutions for such petitioning are illegal; That
the raising or keeping a standing army within the kingdom in time of peace,
unless it be with consent of Parliament, is against law; That
the subjects which are Protestants may have arms for their defence suitable
to their conditions and as allowed by law; That
election of members of Parliament ought to be free; That
the freedom of speech and debates or proceedings in Parliament ought not to
be impeached or questioned in any court or place out of Parliament; That
excessive bail ought not to be required, nor excessive fines imposed, nor cruel
and unusual punishments inflicted; That
jurors ought to be duly impanelled and returned, and jurors which pass upon
men in trials for high treason ought to be freeholders; That
all grants and promises of fines and forfeitures of particular persons before
conviction are illegal and void; And
that for redress of all grievances, and for the amending, strengthening and
preserving of the laws, Parliaments ought to be held frequently. And
they do claim, demand and insist upon all and singular the premises as their
undoubted rights and liberties, and that no declarations, judgments, doings
or proceedings to the prejudice of the people in any of the said premises ought
in any wise to be drawn hereafter into consequence or example; to which demand
of their rights they are particularly encouraged by the declaration of his
Highness the prince of Orange as being the only means for obtaining a full redress
and remedy therein. [1]
Having therefore an entire confidence that his said Highness the prince of
Orange will perfect the deliverance so far advanced by him, and will still
preserve them from the violation of their rights which they have here asserted,
and from all other attempts upon their religion, rights and liberties, the
said Lords Spiritual and Temporal and Commons assembled at Westminster do resolve
that William and Mary, prince and princess of Orange, be and be declared king
and queen of England, France and Ireland and the dominions thereunto belonging,
to hold the crown and royal dignity of the said kingdoms and dominions to them,
the said prince and princess, during their lives and the life of the survivor
to them, and that the sole and full exercise of the regal power be only in
and executed by the said prince of Orange in the names of the said prince and
princess during their joint lives, and after their deceases the said crown
and royal dignity of the same kingdoms and dominions to be to the heirs of
the body of the said princess, and for default of such issue to the Princess
Anne of Denmark and the heirs of her body, and for default of such issue to the
heirs of the body of the said prince of Orange. And the Lords Spiritual and
Temporal and Commons do pray the said prince and princess to accept the same
accordingly. And
that the oaths hereafter mentioned be taken by all persons of whom the oaths
have allegiance and supremacy might be required by law, instead of them; and
that the said oaths of allegiance and supremacy be abrogated. I,
A.B., do sincerely promise and swear that I will be faithful and bear true
allegiance to their Majesties King William and Queen Mary. So help me God. I,
A.B., do swear that I do from my heart abhor, detest and abjure as impious
and heretical this damnable doctrine and position, that princes excommunicated
or deprived by the Pope or any authority of the see of Rome may be deposed
or murdered by their subjects or any other whatsoever. And I do declare that
no foreign prince, person, prelate, state or potentate hath or ought to have
any jurisdiction, power, superiority, pre-eminence or authority, ecclesiastical
or spiritual, within this realm. So help me God. Upon
which their said Majesties did accept the crown and royal dignity of the kingdoms
of England, France and Ireland, and the dominions thereunto belonging, according
to the resolution and desire of the said Lords and Commons contained in the
said declaration. And thereupon their Majesties were pleased that the said
Lords Spiritual and Temporal and Commons, being the two Houses of Parliament,
should continue to sit, and with their Majesties' royal concurrence make effectual
provision for the settlement of the religion, laws and liberties of this kingdom,
so that the same for the future might not be in danger again of being subverted,
to which the said Lords Spiritual and Temporal and Commons did agree, and proceed
to act accordingly. [1]
Now in pursuance of the premises the said Lords Spiritual and Temporal and
Commons in Parliament assembled, for the ratifying, confirming and establishing
the said declaration and the articles, clauses, matters and things therein
contained by the force of law made in due form by authority of Parliament,
do pray that it may be declared and enacted that all and singular the rights
and liberties asserted and claimed in the said declaration are the true, ancient
and indubitable rights and liberties of the people of this kingdom, and so shall
be esteemed, allowed, adjudged, deemed and taken to be; and that all and every
the particulars aforesaid shall be firmly and strictly holden and observed
as they are expressed in the said declaration, and all officers and ministers
whatsoever shall serve their Majesties and their successors according to the
same in all time to come. [1]
And the said Lords Spiritual and Temporal and Commons, seriously considering
how it hath pleased Almighty God in his marvellous providence and merciful
goodness to this nation to provide and preserve their said Majesties' royal
persons most happily to reign over us upon the throne of their ancestors, for
which they render unto him from the bottom of their hearts their humblest thanks
and praises, do truly, firmly, assuredly and in the sincerity of their hearts think,
and do hereby recognize, acknowledge and declare, that King James the Second
having abdicated the government, and their Majesties having accepted the crown
and royal dignity as aforesaid, their said Majesties did become, were, are
and of right ought to be by the laws of this realm our sovereign liege lord
and lady, king and queen of England, France and Ireland and the dominions thereunto
belonging, in and to whose princely persons the royal state, crown and dignity
of the said realms with all honours, styles, titles, regalities, prerogatives,
powers, jurisdictions and authorities to the same belonging and appertaining
are most fully, rightfully and entirely invested and incorporated, united and
annexed. [1] And
for preventing all questions and divisions in this realm by reason of any pretended
titles to the crown, and for preserving a certainty in the succession thereof,
in and upon which the unity, peace, tranquility and safety of this nation doth
under God wholly consist and depend, the said Lords Spiritual and Temporal
and Commons do beseech their Majesties that it may be enacted, established
and declared, that the crown and regal government of the said kingdoms and dominions,
with all and singular the premises thereunto belonging and appertaining, shall
be and continue to their said Majesties and the survivor of them during their
lives and the life of the survivor of them, and that the entire, perfect and
full exercise of the regal power and government be only in and executed by
his Majesty in the names of both their Majesties during their joint lives;
and after their deceases the said crown and premises shall be and remain to
the heirs of the body of her Majesty, and for default of such issue to her Royal
Highness the Princess Anne of Denmark and the heirs of the body of his said
Majesty; [1] and
thereunto the said Lords Spiritual and Temporal and Commons do in the name
of all the people aforesaid most humbly and faithfully submit themselves, their
heirs and posterities for ever, and do faithfully promise that they will stand
to, maintain and defend their said Majesties, and also the limitation and succession
of the crown herein specified and contained, to the utmost of their powers
with their lives and estates against all persons whatsoever that shall attempt
anything to the contrary. [1]
And whereas it hath been found by experience that it is inconsistent with the
safety and welfare of this Protestant kingdom to be governed by a popish prince,
or by any king or queen marrying a papist, the said Lords Spiritual and Temporal
and Commons do further pray that it may be enacted, that all and every person
and persons that is, are or shall be reconciled to or shall hold communion
with the see or Church of Rome, or shall profess the popish religion, or shall
marry a papist, shall be excluded and be for ever incapable to inherit, possess
or enjoy the crown and government of this realm and Ireland and the dominions
thereunto belonging or any part of the same, or to have, use or exercise any
regal power, authority or jurisdiction within the same; and in all and every
such case or cases the people of these realms shall be and are hereby absolved
of their allegiance; and the said crown and government shall from time to time
descend to and be enjoyed by such person or persons being Protestants as should
have inherited and enjoyed the same in case the said person or persons so reconciled,
holding communion or professing or marrying as aforesaid were naturally dead; [1]
and that every king and queen of this realm who at any time hereafter shall
come to and succeed in the imperial crown of this kingdom shall on the first
day of the meeting of the first Parliament next after his or her coming to
the crown, sitting in his or her throne in the House of Peers in the presence
of the Lords and Commons therein assembled, or at his or her coronation before
such person or persons who shall administer the coronation oath to him or her
at the time of his or her taking the said oath (which shall first happen), make,
subscribe and audibly repeat the declaration mentioned in the statute made
in the thirtieth year of the reign of King Charles the Second entitled, _An
Act for the more effectual preserving the king's person and government by disabling
papists from sitting in either House of Parliament._ [1]
But if it shall happen that such king or queen upon his or her succession to
the crown of this realm shall be under the age of twelve years, then every
such king or queen shall make, subscribe and audibly repeat the same declaration
at his or her coronation or the first day of the meeting of the first Parliament
as aforesaid which shall first happen after such king or queen shall have attained
the said age of twelve years. All which their Majesties are contented and pleased shall
be declared, enacted and established by authority of this present Parliament,
and shall stand, remain and be the law of this realm for ever; and the same
are by their said Majesties, by and with the advice and consent of the Lords
Spiritual and Temporal and Commons in Parliament assembled and by the authority
of the same, declared, enacted and established accordingly. II.
And be it further declared and enacted by the authority aforesaid, that from
and after this present session of Parliament no dispensation by _non obstante_
of or to any statute or any part thereof shall be allowed, but that the same
shall be held void and of no effect, except a dispensation be allowed of in
such statute, and except in such cases as shall be specially provided for by
one or more bill or bills to be passed during this present session of Parliament. III.
Provided that no charter or grant or pardon granted before the three and twentieth
day of October in the year of our Lord one thousand six hundred eighty-nine
shall be any ways impeached or invalidated by this Act, but that the same shall
be and remain of the same force and effect in law and no other than as if this
Act had never been made. ---------------------------------------------------------------------- NOTES: [1]
A paragraph break was inserted at this point in this e-text, in hopes of making
the text more readable. -Anonymous. Back
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