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BILL OF RIGHTS
February 13, 1689
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1. Will. and Mary, sess.2, c.2 (1688)
An Act Declaring the Rights and Liberties of
the Subject
and Settling the Succession of the Crown
I. 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 holded 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, tranquillity 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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