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English Bill of Rights 1689

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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;
DIREITOS FUNDAMENTAIS – 2007-2008 – Textos de apoio

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;

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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;

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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

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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

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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,

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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.

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