1689.
An Act Declaring the Rights and Liberties of the Subject (slave) and Settling
the Succession of the Crown (who comes next?).
The Crown is
the power, position or empire of a monarch.
The government of a country that has a king or queen as head of state or
conned
into the position of being limited, as
was Queen Elizabeth I.
The text of this Act:
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* 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 of 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 of 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 said 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 of
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 a 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 times to come. And the said Lords
Spiritual and Temporal and Commons, seriously considering how it hath pleased
Almighty God in his marvelous 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 her body, and for
default of such issue to 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 entituled,
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 said 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 be 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.