This has been drawn from the Imperial Acts Application Act 1980 Act
No. 9426/1980 Pages 40-50. Transcribed by Mikiverse Law
[1688] I William and Mary Sess. II (Bill of Rights) c. II
An act for 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, present unto their Majesties, then
called and known by the names and stile 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.
1. By assuming and exercising a power of dispensing with and
suspending of laws, and the execution of laws, without consent of parliament.
2. By committing and prosecuting divers worthy prelates, for
humbly petitioning to be excused from concurring to the said assumed power.
3. 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.
4. 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.
5. By raising and keeping a standing army within this kingdom in
time of peace, without consent of parliament, and quartering soldiers contrary
to law.
6. By causing several good subjects, being protestants, to be
disarmed, at the same time when papists were both armed and employed, contrary
to law.
7. By violating the freedom of election of members to serve in
parliament.
8. 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.
9. 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.
10. 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.
11. And excessive fines have been imposed; and illegal and cruel
punishments inflicted.
12. And several grants and promises made of fines and
forfeitures, before any conviction or judgement 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 papery 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 have 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:
1. That the pretended power of suspending the laws, or the
execution of laws, by regal authority, without consent of parliament, is
illegal.
2. 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.
3. 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.
4. 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.
5. That it is the right of the subjects to petition the King, and
all commitments and prosecutions for such petitioning are illegal.
6. 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.
7. That the subjects which are protestants, may have arms for
their defence suitable to their conditions, and as allowed by law.
8. That election of members of parliament ought to be free.
9. 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.
10. That excessive bail ought not to be required, nor excessive
fines imposed;
nor cruel and unusual punishments inflicted.
11. That jurors ought to be duly impannelled and returned.
12. That all grants and promises of fines and forfeitures of
particular persons before conviction, are illegal and void.
13. 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
premisses, as their undoubted rights and liberties; and that no declarations,
judgements, doings or proceedings, to the prejudice of the people in any of the
said premisses, 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.
1. 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.
2. 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 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.
3. 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, that 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.
4. 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.
5. 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.
6. Now in pursuance of the premisses, 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.
7. 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 leige 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, stiles,
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.
8. 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 premisses 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
premisses shall be and remain to the heirs of the body of her Majesty; and for
default of such i ssue, 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 any thing to the contrary.
9. 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 forever 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 prote stants, 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.
10. 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
intitutled, An act for the more effectual preserving the King's person and government,
by disabling papists from sitting in either house or 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.
11. 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.
12. 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 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.
13. 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.
