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English Bill of Rights 1689[1]
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 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 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 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 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. |