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.
Source: http://www.yale.edu/lawweb/avalon/england.htm