English 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. 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. 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. 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. 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;
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. 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;
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._ 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.
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