DP Tool Club 8/CDASC08.ISO/VRAC/HISTDOCS.ZIP/ENGLAND.BIL

Text File | 1993-09-07 | 17KB | 275 lines

                        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.