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, 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.
