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Bill
of Rights [1688] 1688
CHAPTER 2 1 Will and Mar Sess 2 An Act declareing the
Rights and Liberties of the Subject and Setleing
the Succession of the Crowne. X1Whereas the Lords Spirituall
and Temporall and Comons
assembled at Westminster lawfully fully and freely representing all the
Estates of the People of this Realme did upon the
thirteenth day of February in the yeare 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 Princesse of Orange being present in their proper Persons
a certaine Declaration in Writeing
made by the said Lords and Comons in the Words
following viz The Heads of Declaration of
Lords and Commons, recited. Whereas the late King James the Second by the
Assistance of diverse evill Councellors
Judges and Ministers imployed by him did endeavour to subvert and extirpate the Protestant Religion
and the Lawes and Liberties of this Kingdome. Dispensing and Suspending
Power. By Assumeing and Exerciseing a Power of Dispensing with and Suspending of Lawes and the Execution of Lawes
without Consent of Parlyament. Committing Prelates. By Committing and Prosecuting diverse Worthy
Prelates for humbly Petitioning to be excused from Concurring to the said
Assumed Power. Ecclesiastical Commission. By issueing and causeing to be executed a Commission under the Great
Seale for Erecting a Court called The Court of Commissioners for Ecclesiasticall Causes. Levying Money. By Levying Money for and to the Use of the Crowne by pretence of Prerogative for other time and in
other manner then the same was granted by Parlyament. Standing Army. By raising and keeping a Standing Army within
this Kingdome in time of Peace without Consent of Parlyament
and Quartering Soldiers contrary to Law. Disarming Protestants,
&c. By causing severall
good Subjects being Protestants to be disarmed at the same time when Papists
were both Armed and Imployed contrary to Law. Violating Elections. By Violating the Freedome
of Election of Members to serve in Parlyament. Illegal Prosecutions. By Prosecutions in the Court of Kings Bench for
Matters and Causes cognizable onely in Parlyament and by diverse other Arbitrary and Illegall Courses. Juries. And whereas of late yeares
Partiall Corrupt and Unqualifyed
Persons have beene returned and served on Juryes in Tryalls and
particularly diverse Jurors in Tryalls for High
Treason which were not Freeholders, Excessive Bail. And excessive Baile
hath beene required of Persons committed in Criminall Cases to elude the Benefitt
of the Lawes made for the Liberty of the Subjects. Fines. And excessive Fines have beene
imposed. Punishments. And illegall and cruell Punishments inflicted. Grants of Fines, &c. before
Conviction, &c. And severall Grants
and Promises made of Fines and Forfeitures before any Conviction or Judgement against the Persons upon whome
the same were to be levyed. All which are utterly
directly contrary to the knowne Lawes
and Statutes and Freedome of this Realme. Recital that the late King
James II. had abdicated the Government, and that the
Throne was vacant, and that the Prince of Orange had written Letters to the
Lords and Commons for the choosing Representatives in Parliament. And whereas the said late King James the Second haveing Abdicated the Government and the Throne being
thereby Vacant His [X2Hignesse] the Prince of Orange (whome
it hath pleased Almighty God to make the glorious Instrument of Delivering
this Kingdome from Popery and Arbitrary Power) did (by the Advice of the
Lords Spirituall and Temporall
and diverse principall Persons of the Commons)
cause Letters to be written to the Lords Spirituall
and Temporall being Protestants and other Letters
to the severall Countyes Cityes Universities Burroughs and Cinque Ports for the
Choosing of such Persons to represent them as were of right to be sent to Parlyament to meete and sitt at Westminster upon the two and twentyeth
day of January in this Yeare one thousand six
hundred eighty and eight in order to such an Establishment as that their
Religion Lawes and Liberties might not againe be in danger of being Subverted, Upon which
Letters Elections haveing beene
accordingly made. The Subject’s Rights. And thereupon the said Lords Spirituall
and Temporall and Commons pursuant to their
respective Letters and Elections being now assembled in a full and free
Representative of this Nation takeing into their
most serious Consideration the best meanes for
attaining the Ends aforesaid Doe in the first place (as their Auncestors in like Case have usually done) for the
Vindicating and Asserting their auntient Rights and
Liberties, Declare Dispensing Power. That the pretended Power of Suspending of Laws
or the Execution of Laws by Regall Authority
without Consent of Parlyament is illegall. Late dispensing Power. That the pretended Power of Dispensing with Laws
or the Execution of Laws by Regall Authoritie as it hath beene
assumed and exercised of late is illegall. Ecclesiastical Courts illegal. That the Commission for erecting the late Court
of Commissioners for Ecclesiasticall Causes and all
other Commissions and Courts of like nature are Illegall
and Pernicious. Levying Money. That levying Money for or to the Use of the Crowne by pretence of Prerogative without Grant of Parlyament for longer time or in other manner then the
same is or shall be granted is Illegall. Right to petition. That it is the Right of the Subjects to petition
the King and all Commitments and Prosecutions for such Petitioning are Illegall. Standing Army. That the raising or keeping a standing Army
within the Kingdome in time of Peace unlesse it be
with Consent of Parlyament is against Law. Subjects’ Arms. That the Subjects which are Protestants may have
Arms for their Defence suitable to their Conditions
and as allowed by Law. Freedom of Election. That Election of Members of Parlyament
ought to be free. Freedom of Speech. That the Freedome of
Speech and Debates or Proceedings in Parlyament
ought not to be impeached or questioned in any Court or Place out of Parlyament. Excessive Bail. That excessive Baile
ought not to be required nor excessive Fines imposed nor cruell
and unusuall Punishments inflicted. Juries. That Jurors ought to be duely
impannelled and returned . . . F1 Grants of Forfeitures. That all Grants and Promises of Fines and
Forfeitures of particular persons before Conviction are illegall
and void. Frequent Parliaments. And that for Redresse
of all Grievances and for the amending strengthening and preserveing
of the Lawes Parlyaments
ought to be held frequently. The said Rights claimed. Tender
of the Crown. Regal Power exercised. Limitation of the Crown. And they doe Claime
Demand and Insist upon all and singular the Premises as their undoubted
Rights and Liberties and that noe Declarations Judgements Doeings or
Proceedings to the Prejudice of the People in any of the said Premisses ought in any wise to be drawne
hereafter into Consequence or Example. To which Demand of their Rights they
are particularly encouraged by the Declaration of this Highnesse
the Prince of Orange as being the onely meanes for obtaining a full Redresse
and Remedy therein. Haveing therefore an intire Confidence That his said Highnesse
the Prince of Orange will perfect the Deliverance soe
farr 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 Spirituall and Temporall and
Commons assembled at Westminster doe Resolve That William and Mary Prince and
Princesse of Orange be and be declared King and Queene of England France and Ireland and the Dominions
thereunto belonging to hold the Crowne and Royall
Dignity of the said Kingdomes and Dominions to them
the said Prince and Princesse dureing
their Lives and the Life of the Survivour of them
And that the sole and full Exercise of the Regall
Power be onely in and executed by the said Prince
of Orange in the Names of the said Prince and Princesse
dureing their joynt Lives
And after their Deceases the said Crowne and Royall
Dignitie of the said Kingdoms and Dominions to be
to the Heires of the Body of the said Princesse And for default of such Issue to the Princesse Anne of Denmarke and
the Heires of her Body And for default of such
Issue to the Heires of the Body of the said Prince
of Orange. And the Lords Spirituall and Temporall and Commons doe pray the said Prince and (X3) Princesse to accept the same accordingly. New Oaths of Allegiance,
&c. And that the Oathes
hereafter mentioned be taken by all Persons of whome
the Oathes of Allegiance and Supremacy might be
required by Law instead of them And that the said Oathes
of Allegiance and Supremacy be abrogated. Allegiance. I A B doe sincerely promise and sweare That I will be faithfull
and beare true Allegiance to their Majestyes King William and Queene
Mary Soe helpe me God. Supremacy. I A B doe sweare That
I doe from my Heart Abhorr, Detest and Abjure as
Impious and Hereticall 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 doe declare That noe Forreigne Prince Person
Prelate, State or Potentate hath or ought to have any Jurisdiction Power
Superiority Preeminence or Authoritie Ecclesiasticall or Spirituall
within this Realme Soe helpe me God. Acceptance of the Crown. The
Two Houses to sit. Subjects’ Liberties to be allowed,
and Ministers hereafter to serve according to the same. William and Mary
declared King and Queen. Limitation of the Crown. Papists debarred the Crown.
Every King, &c. shall make the Declaration of 30
Car. II. If under 12 Years old, to be done after Attainment thereof. King’s
and Queen’s Assent Upon which their said Majestyes
did accept the Crowne and Royall Dignitie 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 Majestyes were pleased That the
said Lords Spirituall and Temporall
and Commons being the two Houses of Parlyament
should continue to sitt and with their Majesties
Royall Concurrence make effectuall Provision for
the Setlement of the Religion Lawes
and Liberties of this Kingdome soe that the same
for the future might not be in danger againe of
being subverted, To which the said Lords Spirituall and Temporall and
Commons did agree and proceede to act accordingly.
Now in pursuance of the Premisses the said Lords Spirituall and Temporall and
Commons in Parlyament 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 Forme by Authority of Parlyament
doe 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 auntient and indubitable Rights and Liberties of the
People of this Kingdome and soe 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 Majestyes
and their Successors according to the same in all times to come. And the said Lords Spirituall and Temporall and Commons seriously considering how it hath
pleased Almighty God in his marvellous Providence
and mercifull Goodness to this Nation to provide
and preserve their said Majestyes Royall Persons
most happily to Raigne over us upon the Throne of
their Auncestors for which they render unto him
from the bottome of their Hearts their humblest
Thanks and Praises doe truely firmely
assuredly and in the Sincerity of their Hearts thinke
and doe hereby recognize acknowledge and declare That King James the Second haveing abdicated the Government and their Majestyes haveing accepted the Crowne and Royall Dignity [X4as] aforesaid Their said Majestyes did become were are and of right ought to be by
the Lawes of this Realme
our Soveraigne Liege Lord and Lady King and Queene of England France and Ireland and the Dominions
thereunto belonging in and to whose Princely Persons the Royall State Crowne and Dignity of the said Realmes
with all Honours Stiles Titles Regalities
Prerogatives Powers Jurisdictions and Authorities to the same belonging and appertaining
are most fully rightfully and intirely invested and
incorporated united and annexed And for preventing all Questions and
Divisions in this Realme by reason of any pretended
Titles to the Crowne and for preserveing
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 Spirituall
and Temporall and Commons doe beseech their Majestyes That it may be enacted established and declared
That the Crowne and Regall
Government of the said Kingdoms and Dominions with all and singular the Premisses thereunto belonging and appertaining shall bee
and continue to their said Majestyes and the Survivour of them dureing their
Lives and the Life of the Survivour of them And
that the entire perfect and full Exercise of the Regall
Power and Government be onely in and executed by
his Majestie in the Names of both their Majestyes dureing their joynt Lives And after their deceases the said Crowne and Premisses shall be
and remaine to the Heires
of the Body of her Majestie and for default of such
Issue to her Royall Highnesse the Princess Anne of Denmarke and the Heires of her
Body and for default of such Issue to the Heires of
the Body of his said Majestie And thereunto the
said Lords Spirituall and Temporall
and Commons doe in the Name of all the People aforesaid most humbly and
faithfully submitt themselves their Heires and Posterities for ever
and doe faithfully promise That they will stand to maintaine
and defend their said Majesties and alsoe the
Limitation and Succession of the Crowne 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. And whereas it hath beene
found by Experience that it is inconsistent with the Safety and Welfaire of this Protestant Kingdome to be governed by a
Popish Prince F2... the said Lords Spirituall and Temporall and Commons doe 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
professe the Popish Religion F3... shall be
excluded and be for ever uncapeable
to inherit possesse or enjoy the Crowne and Government of this Realme
and Ireland and the Dominions thereunto belonging or any part of the same or
to have use or exercise any Regall Power Authoritie or Jurisdiction within the same [X5And in all
and every such Case or Cases the People of these Realmes
shall be and are hereby absolved of their Allegiance] And the said Crowne 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 soe reconciled holding Communion
or Professing F4... as aforesaid were naturally dead [X6And that every King
and Queene of this Realme
who at any time hereafter shall come to and succeede
in the Imperiall Crowne
of this Kingdome shall on the first day of the meeting of the first Parlyament next after his or her comeing
to the Crowne sitting in his or her Throne in the
House of Peeres 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 takeing the said Oath (which shall first
happen) make subscribe and audibly repeate the
Declaration mentioned in the Statute made in the thirtyeth
yeare of the Raigne of King
Charles the Second Entituled An Act for the more effectuall Preserveing the
Kings Person and Government by disableing Papists
from sitting in either House of Parlyament But if
it shall happen that such King or Queene upon his
or her Succession to the Crowne of this Realme shall be under the Age of twelve yeares then every such King or Queene
shall make subscribe and audibly repeate the said
Declaration at his or her Coronation or the first day of the meeting of the
first Parlyament as aforesaid which shall first
happen after such King or Queene shall have
attained the said Age of twelve yeares.] All which
Their Majestyes are contented and pleased shall be
declared enacted and established by authoritie of
this present Parliament and shall stand remaine and
be the Law of this Realme for ever And the same are
by their said Majesties by and with the advice and consent of the Lords Spirituall and Temporall and
Commons in Parlyament assembled and by the authoritie of the same declared enacted and established
accordingly Editorial Information X1 The Bill of
Rights is assigned to the year 1688 on legislation.gov.uk (as it was
previously in successive official editions of the revised statutes from which
the online version is derived) although the Act received Royal Assent on 16th
December 1689. This follows the practice adopted in The Statutes of the
Realm, Vol. VI (1819), in the Chronological Table in that volume and all
subsequent Chronological Tables of the Statutes, which attach all the Acts in
1 Will and Mar sess 2 to the year 1688. The first
Parliament of William and Mary (the Convention Parliament) convened on 13th
February 1689 (1688 in the old style calendar - until 1st Jan 1752 the
calendar year began on March 25th). It appears that all the Acts of that Parliament
(both sessions) were treated as being Acts of 1688 using the old method of
reckoning, according to which, until 1793, all Acts passed in a session of
Parliament with no specified commencement date were deemed to be passed in
the year in which that session began (see Acts of Parliament (Commencement)
Act 1793 (c 13)). The Short Titles Act 1896 (c. 14) gave to chapter 2 of 1
Will and Mar sess 2 the title "The Bill of
Rights", without attributing it to any calendar year. In the Republic of
Ireland, the Short Titles Act 1896 (c 14) has been amended to add
"1688" to the short title of The Bill of Rights as it continues to
have effect there (see Statute Law Revision Act 2007, Act of the Oireachtas No 28 of 2007, s 5(a)). X2 Variant
reading of the text noted in The Statutes of the Realm as follows: Highnesse O. [O. refers to a collection in the library of
Trinity College, Cambridge] X3 Variant
reading of the text noted in The Statutes of the Realm as follows: and O. [O.
refers to a collection in the library of Trinity College, Cambridge] X4 interlined
on the Roll. X5 annexed to
the Original Act in a separate Schedule. X6 annexed to
the Original Act in a separate Schedule. Textual Amendments F1 Words
repealed by (E.W.) Juries Act 1825 (c. 50), s. 62 and (N.I.) Statute Law
Revision Act 1950 (c. 6), Sch. 1 F2 Words in s.
1 omitted (26.3.2015) by virtue of Succession to the Crown Act 2013 (c. 20),
s. 5, Sch. para. 2(a) (with Sch. para. 5); S.I. 2015/894, art. 2 F3 Words in s.
1 omitted (26.3.2015) by virtue of Succession to the Crown Act 2013 (c. 20),
s. 5, Sch. para. 2(b) (with Sch. para. 5); S.I. 2015/894, art. 2 F4 Words in s.
1 omitted (26.3.2015) by virtue of Succession to the Crown Act 2013 (c. 20),
s. 5, Sch. para. 2(c) (with Sch. para. 5); S.I. 2015/894, art. 2 Modifications etc. (not
altering text) C1 Short title
"The Bill of Rights" given by Short Titles Act 1896 (c. 14), Sch. 1 C2 Act declared
to be a Statute by Crown and Parliament Recognition Act 1689 (c. 1) C3 S. 1 amended
by Accession Declaration Act 1910 (c. 29), s. 1 |
