233. Hales’ Case: The Dispensing Power

Chief Justice. ‘In the case of Godwin and Hales, wherein the defendant pleads a dispensation from the king, it is doubted, whether or no the king had such a prerogative? Truly, upon the argument before us, it appeared as clear a case as ever came before this court: but because men fancy I know not what difficulty, when really there is none, we were willing to give so much countenance to the question in the case, as to take the advice of all the judges in England. They were all assembled at Serjeant’s Inn and this case was put them, and the great case of the sheriffs was put; whether the dispensation in that case were legal, because upon that depended the execution of all the law of the nation? And, I must tell you that there were then ten upon the place, that clearly delivered their opinions, that the case of the sheriffs was good law, and that all the attainders grounded upon indictments found by juries returned by such sheriffs, were good, and not erroneous; and consequently, that men need not have any fears or scruples about that matter. And in the next place, they did clearly declare, that there was no imaginable difference between that case and this, unless it were, that this were the much clearer case of the two, and liable to the fewer exceptions. My brother Powell said, he was inclined to be of the same opinion, but he would rather have some more time to consider of it; but he has since sent by my brother Holloway to let us know that he does concur with us. To these eleven judges, there is one dissenter, brother Street, who yet continues his opinion, that the king cannot dispense in this case. But that is the opinion of one single judge, against the opinion of eleven; we were satisfied in our own judgments before, and having the concurrence of eleven out of twelve, we think we may very well declare the opinion of the court to be, that the king may dispense in this case; and the judges go upon these grounds;

‘1. That the kings of England are sovereign princes.
‘2. That the laws of England are the king’s laws.
‘3. That therefore, it is an inseparable prerogative in the kings of England, to dispense with penal laws in particular cases, and upon particular necessary reasons.
‘4. That of those reasons, and those necessities, the king himself is sole judge: and then, which is consequent upon all,
‘5. That this is not a trust invested in, or granted to the king by the people; but the ancient remains of the sovereign power, and prerogative of the kings of England, which never yet was taken from them, nor can be. And therefore such a dispensation being pleaded by the defendant in this case, and such a dispensation appearing upon record to come, time enough to save him from the forfeiture, judgment ought to be given for the defendant, ‘Quod quaerens nil capiat per billam.’ ’

[Part omitted]

[Back to Contents]

234. James II’s Declaration of Indulgence

IT having pleased Almighty God not only to bring us to the imperial crown of these kingdoms through the greatest difficulties, but to preserve us by a more than ordinary providence upon the throne of our royal ancestors, there is nothing now that we so earnestly desire as to establish our government on such a foundation as may make our subjects happy, and unite them to us by inclination as well as duty. Which we think can be done by no means so effectually as by granting to them the free exercise of their religion for the time to come, and add that to the perfect enjoyment of their property, which has never been in any case invaded by us since our coming to the crown. Which being the two things men value most, shall ever be preserved in these kingdoms, during our reign over them, as the truest methods of their peace and our glory. We cannot but heartily wish, as it will easily be believed, that all the people of our dominions were members of the Catholic Church; yet we humbly thank Almighty God, it is and has of long time been our constant sense and opinion (which upon divers occasions we have declared) that conscience ought not to be constrained nor people forced in matters of mere religion; it has ever been directly contrary to our inclination, as we think it is to the interest of government, which it destroys by spoiling trade, depopulating countries, and discouraging strangers, and finally, that it never obtained the end for which it was employed. And in this we are the more confirmed by the reflections we have made upon the conduct of the four last reigns. For after all the frequent and pressing endeavours that were used in each of them to reduce this kingdom to an exact conformity in religion, it is visible the success has not answered the design, and that the difficulty is invincible.

We therefore, out of our princely care and affection unto all our loving subjects, that they may live at ease and quiet, and for the increase of trade and encouragement of strangers, have thought fit by virtue of our royal prerogative to issue forth this our declaration of indulgence, making no doubt of the concurrence of our two houses of parliament when we shall think it convenient for them to meet.

In the first place, we do declare that we will protect and maintain our archbishops, bishops, and clergy, and all other our subjects of the Church of England in the free exercise of their religion as by law established, and in the quiet and full enjoyment of all their possessions, without any molestation or disturbance whatsoever.

We do likewise declare, that it is our royal will and pleasure that from henceforth the execution of all and all manner of penal laws in matters ecclesiastical, for not coming to church, or not receiving the Sacrament, or for any other nonconformity to the religion established, or for or by reason of the exercise of religion in any manner whatsoever, be immediately suspended; and the further execution of the said penal laws and every of them is hereby suspended.

And to the end that by the liberty hereby granted the peace and security of our government in the practice thereof may not be endangered, we have thought fit, and do hereby straitly charge and command all our loving subjects, that, as we do freely give them leave to meet and serve God after their own way and manner, be it in private houses or purposely hired or built for that use, so that they take especial care that nothing be preached or taught amongst them, which may any way tend to alienate the hearts of our people from us or our government; and that their meetings and assemblies be peaceably, openly, and publicly held, and all persons freely admitted to them; and that they do signify and make known to some one or more of the next justices of the peace what place or places they set apart for those uses; and that all our subjects may enjoy such their religious assemblies with greater assurance and protection, we have thought it requisite, and do hereby command, that no disturbance of any kind be made or given unto them, under pain of our displeasure, and to be further proceeded against with the utmost severity.

And forasmuch as we are desirous to have the benefit of the service of all our loving subjects, which by the law of nature is inseparably annexed to and inherent in our royal person, and that none of our subjects may for the future be under any discouragement or disability (who are otherwise well inclined and fit to serve us) by reason of some oaths or tests that have been usually administered on such occasions, we do hereby further declare, that it is our royal will and pleasure that the oaths commonly called ’The oaths of supremacy and allegiance,’ and also the several tests and declarations mentioned in the acts of parliament made in the five-and-twentieth and thirtieth years of the reign of our late royal brother, King Charles II, shall not at any time hereafter be required to be taken, declared, or subscribed by any person or persons whatsoever, who is or shall be employed in any office or place of trust, either civil or military, under us or in our government. And we do further declare it to be our pleasure and intention from time to time hereafter, to grant our royal dispensations under our great seal to all our loving subjects so to be employed, who shall not take the said oaths, or subscribe or declare the said tests or declarations in the above-mentioned acts and every of them.

And to the end that all our loving subjects may receive and enjoy the full benefit and advantage of our gracious indulgence hereby intended, and may be acquitted and discharged from all pains, penalties, forfeitures, and disabilities by them or any of them incurred or forfeited, or which they shall or may at any time hereafter be liable to, for or by reason of their nonconformity, or the exercise of their religion, and from all suits, troubles, or disturbances for the same; we do hereby give our free and ample pardon unto all nonconformists, recusants, and other our loving subjects, for all crimes and things by them committed or done contrary to the penal laws, formerly made relating to religion, and the profession or exercise thereof; hereby declaring that this our royal pardon and indemnity shall be as good and effectual to all intents and purposes, as if every individual person had been therein particularly named, or had particular pardons under our great seal, which we do likewise declare shall from time to time be granted unto any person or persons desiring the same: willing and requiring our judges, justices, and other officers to take notice of and obey our royal will and pleasure hereinbefore declared.

And although the freedom and assurance we have hereby given in relation to religion and property might be sufficient to remove from the minds of our loving subjects all fears and jealousies in relation to either, yet we have thought fit further to declare that we will maintain them in all their properties and possessions, as well of church and abbey lands, as in any other their lands and properties whatsoever.

Given at our Court at Whitehall the fourth day of April, 1687, in the third year of our reign.

[Back to Contents]

235. Confirmation of the Convention Parliament

FOR preventing all doubts and scruples which may in any wise arise concerning the meeting, sitting and proceeding of this present parliament: be it declared and enacted by the king and queen’s most excellent majesties, by and with the advice and consent of the lords spiritual and temporal and commons now assembled, and by authority of the same:

II. That the lords spiritual and temporal and commons convened at Westminster the two and twentieth day of January in the year of our Lord one thousand six hundred eighty eight, and there sitting on the thirteenth day of February following, are the two houses of parliament, and so shall be and are hereby enacted and adjudged to be, to all intents, constructions and purposes whatsoever, notwithstanding any want of writ or writs of summons or any other defect of form or default whatsoever, as if they had been summoned according to the usual form; and that this present act and all other acts, to which the royal assent shall at any time be given before the next prorogation after the said thirteenth of February shall be understood, taken and adjudged in law to begin and commence upon the said thirteenth of February on which day their said majesties at the request and by the advice of the lords and commons did accept the crown and royal dignity of king and queen of England, France and Ireland, and the dominions and territories thereunto belonging.

III. And be it further enacted by the authority aforesaid, that the act made in the thirtieth year of king Charles the Second, entitled, An Act for the more effectual preserving the King’s Person and Government by disabling of Papists from sitting in either House of Parliament, and all other acts of parliament, as to so much of the said act or acts only as concerns the taking the oaths of supremacy and allegiance or either of them, in the said act or acts respectively mentioned, by any member or members of either house of parliament, with relation to their sitting and voting in parliament, shall be and are hereby repealed to all intents and purposes; anything in the said recited act or acts to the contrary notwithstanding.

IV. And be it further enacted, that the taking the oaths herein after mentioned and the making, subscribing and repeating the declaration in the said act of the thirtieth year of King Charles the Second mentioned, by every member of either house of this present parliament from and after the first day of March next ensuing, in such manner as the taking the said oaths of allegiance and supremacy and the making, subscribing and repeating the said declaration in the said last mentioned act are required, shall be good and effectual to all intents and purposes, as if the said oaths of allegiance and supremacy had been taken and the said declaration had been made, subscribed and repeated in such manner and at such time as by the said act or acts, or any of them, they are required; and that in all future parliaments the oaths herein after mentioned and the declaration in the said act made in the thirtieth year of King Charles the Second mentioned, shall be taken, made, subscribed and repeated by every member of either house of parliament within the time, and in the same manner and form, and under the penalties and disabilities, as the said oaths of allegiance and supremacy and the said declaration by the said act of the thirtieth year of King Charles the Second are limited, ordained and appointed to be taken, made, subscribed and repeated, and not at any other time or in any other manner, to enable them to sit and vote in parliament; anything in the said act or acts or any of them to the contrary notwithstanding.

V. And it is hereby further enacted and declared by the authority aforesaid, that the oaths above appointed by this act to be taken in the stead and place of the oaths of allegiance and supremacy, shall be in the words following and no other:

VI. ‘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.’

VII. ‘1, 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 power, jurisdiction, superiority, preeminence or authority, ecclesiastical or spiritual, within this realm, so help me God.’

VIII. Provided always, and be it declared, that this present parliament may be dissolved after the usual manner, as if the same had been summoned and called by writ.

[Back to Contents]

236. The Civil List

20 MARCH: Resolved, nemine contradicente, “That it is the opinion of this committee [of the whole house], that there be a revenue of £1,200,000 per annum settled upon their majesties, for the constant necessary charge of supporting the Crown in time of peace.” Which was agreed to by the house.

25 April: Resolved, “That, out of the public revenue, for the charge of the civil government (including therein what is to be al1owed her royal majesty the queen-regent, the queen-dowager, the prince and princess of Denmark, and the marshal Schomberg) there be allowed the sum of £600,000 per annum. And, that £700,000 be given towards the occasions and charge of the navy.”

[Back to Contents]

237. First Mutiny Act

WHEREAS the raising or keeping a standing army within this kingdom in time of peace, unless it be with consent of parliament, is against law; and whereas it is judged necessary by their majesties and this present parliament that during this time of danger several of the forces which are now on foot should be continued, and others raised, for the safety of the kingdom, for the common defence of the Protestant religion and for the reducing of Ireland;

And whereas no man may be forejudged of life or 1imb, or subjected to any kind of punishment, by martial law or in any other manner, than by the judgment of his peers and according to the known and established laws of this realm, yet nevertheless it being requisite for retaining such forces as are or shall be raised during this exigence of affairs in their duty, an exact discipline be observed, and that soldiers who shall mutiny or stir up sedition or shall desert their majesties’ service be brought to a more exemplary and speedy punishment than the usual forms of law will allow:

II. Be it therefore enacted by the king and queen’s most excellent majesties, by and with the advice and consent of the lords spiritual and temporal and commons in this present parliament assembled, and by authority of the same, that, from and after the twelfth day of April in the year of our Lord one thousand six hundred eighty nine, every person being in their majesties’ service in the army and being mustered and in pay as an officer or soldier, who shall at any time before the tenth day of November in the year of our Lord one thousand six hundred eighty nine excite, cause or join in any mutiny or sedition in the army, or shall desert their majesties’ service in the army, shall suffer death or such other punishment, as by a court martial shall be inflicted.

III. And it is hereby further enacted and declared, that their majesties, or the general of their army for the time being, may by virtue of this act have full power and authority to grant commissions to any lieutenants-general or other officers not under the degree of colonels, from time to time, to call and assemble courts martial for punishing such offences as aforesaid.

IV. And it is hereby further enacted and declared, that no court martial which shall have power to inflict any punishment by virtue of this act for the offences aforesaid shall consist of fewer than thirteen, whereof none to be under the degree of captains.

V. Provided always, that no field officer be tried by other than field officers, and that such court martial shall have power and authority to administer an oath to any witness, in order to the examination or trial of the offences aforesaid.

VI. Provided always, that nothing in this act contained shall extend or be construed to exempt any officer or soldier whatsoever from the ordinary process of law.

VII. Provided always, that this act or anything therein contained shall not extend or be any wise construed to extend to or concern any the militia forces of this kingdom.

VIII. Provided also, that this act shall continue and be in force until the said tenth day of November in the said year of our Lord one thousand six hundred eighty nine, and no longer.

IX. Provided always, and be it enacted, that in all trials of offenders by courts martial to be held by virtue of this act, where the offence may be punished by death, every officer present at such trial before any proceeding be had thereupon shall take an oath upon the evangelists before the court (and the judge advocate or his deputy shall and are hereby respectively authorized to administer the same) in these words that is to say:
“You shall well and truly try and determine according to your evidence the matter now before you between our sovereign lord and lady the king and queen’s majesties and the prisoner to be tried. So help you God.”

X. And no sentence of death shall be given against any offender in such case by any court martial unless nine of thirteen officers present shall concur therein, and if there be a greater number of officers present then the judgment shall pass by the concurrence of the greater part of them so sworn and not otherwise, and no proceedings, trial or sentence of death shall be had or given against any offender, but between the hours of eight in the morning and one in the afternoon.

[Back to Contents]

238. The Toleration Act

FORASMUCH as some ease to scrupulous consciences in the exercise of religion may be an effectual means to unite Their Majesties’ Protestant subjects in interest and affection:

II. Be it enacted by the king and queen’ s most excellent Majesties, by and with the advice and consent of the lords spiritual and temporal and the commons in this present parliament assembled, and by the authority of the same, that neither the statute made in the three and twentieth year of the reign of the late Queen Elizabeth, entitled, An Act to Retain the Queen’s Majesty’s Subjects in their due Obedience; nor the statute made in the twenty ninth year of the said queen, entitled, An Act for the more speedy and due Execution of certain Branches of the Statute made in the three and twentieth year of the Queen’s Majesty’s Reign, viz. the aforesaid act; nor that branch or clause of a statute made in the first year of the reign of the said queen, entitled, An Act for [the] Uniformity of Common Prayer and Service in the Church and Administration of the Sacraments, whereby all persons having no lawful or reasonable excuse to be absent are required to resort to their parish church or chapel or some usual place where the common prayer shall be used upon pain of punishment by the censures of the church and also upon pain that every person so offending shall forfeit for every such offence twelve pence; nor the statute made in the third year of the reign of the late King James the First, entitled, An Act for the better Discovering and Repressing Popish Recusants; nor that other statute made in the same year, entitled, An Act to Prevent and Avoid Dangers which may grow by Popish Recusants; nor any other law or statute of this realm made against papists or popish recusants, except the statute made in the five and twentieth year of King Charles the Second, entitled, An Act for Preventing Dangers which may happen from Popish Recusants; and except also the statute made in the thirtieth year of the said 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; shall be construed to extend to any person or persons dissenting from the Church of England, that shall take the oaths mentioned in a statute made this present parliament, entitled, An Act for removing and preventing all Questions and Disputes concerning the assembling and sitting of this present Parliament; and shall make and subscribe the declaration mentioned in a statute made in the thirtieth year of King Charles the Second, entitled, An Act to prevent Papists from sitting in either House of Parliament, which oaths and declaration the justices of peace at the general sessions of the peace to be held for the county or place, where such person shall live, are hereby required to tender and administer to such persons as shall offer themselves to take, make and subscribe the same and thereof to keep a register; and likewise none of the persons aforesaid shall give or pay as any fee or reward to any officer or officers belonging to the court aforesaid above the sum of six pence, nor that more than once, for his or their entry of his taking the said oaths, and making and subscribing the said declaration nor above the further sum of six pence for any certificate of the same to be made out and signed by the officer or officers of the said court.

III. And be it further enacted by the authority aforesaid, that all and every person and persons already convicted, or prosecuted in order to conviction, of recusancy by indictment, information, action of debt or otherwise grounded upon the aforesaid statutes or any of them, that shall take the said oaths mentioned in the said statute made this present parliament, and make and subscribe the declaration aforesaid, in the court of exchequer or assizes or general or quarter sessions to be held for the county where such person lives, and to be thence respectively certified into the exchequer, shall be thenceforth exempted and discharged from all the penalties, seizures, forfeitures, judgments and executions incurred by force of any the aforesaid statutes without any composition, fee or further charge whatsoever.

IV. And be it further enacted by the authority aforesaid, that all and every such person and persons that shall as aforesaid take the said oaths, and make and subscribe the declaration aforesaid, shall not be liable to any pains, penalties or forfeitures mentioned in an act made in the five and thirtieth year of the reign of the late Queen Elizabeth, entitled, An Act to retain the Queen’s Majesty’s Subjects in their due Obedience; nor in an act made the two and twentieth year of the reign of the late King Charles the Second, entitled, An Act to prevent and suppress seditious Conventicles; nor shall any of the said persons be prosecuted in any ecclesiastical court for or by reason of their nonconforming to the Church of England.

V. Provided always, and be it enacted by the authority aforesaid, that if any assembly of persons dissenting from the Church of England shall be had in any place for religious worship with the doors locked, barred or bolted during any time of such meeting together, all and every person or persons that shall come to and be at such meeting shall not receive any benefit from this law, but be liable to all the pains and penalties of all the aforesaid laws recited in this act for such their meeting, notwithstanding his taking the oaths and his making and subscribing the declaration aforesaid.

VI. Provided always, that nothing herein contained shall be construed to exempt any of the persons aforesaid from paying of tithes or other parochial duties or any other duties to the church or minister, nor from any prosecution in any ecclesiastical court or elsewhere for the same.

[Part omitted]

VIII. And be it further enacted by the authority aforesaid, that no person dissenting from the Church of England in holy orders or pretended holy orders or pretending to holy orders, nor any preacher or teacher of any congregation of dissenting Protestants, that shall make and subscribe the declaration aforesaid and take the said oaths at the general or quarter sessions of the peace to be held for the county, town, parts or division where such person lives, which court is hereby impowered to administer the same, and shall also declare his approbation of and subscribe the articles of religion mentioned in the statute made in the thirteenth year of the reign of the late Queen Elizabeth, except the thirty-fourth, thirty-fifth and thirty-sixth and these words of the twentieth article, viz. * * * the Church hath power to decree rights or ceremonies, and authority in controversies of faith and yet * * *, shall be liable to any of the pains or penalties mentioned in an act made in the seventeenth year of the reign of King Charles the Second, entitled, An Act for restraining Nonconformists from inhabiting in Corporations; nor the penalties mentioned in the aforesaid act, made in the two and twentieth year of his said late majesty’ s reign, for or by reason of such persons preaching at any meeting for the exercise of religion, nor to the penalty of one hundred pounds mentioned in an act made in the thirteenth and fourteenth of King Charles the Second, entitled, An Act for the Uniformity of Public Prayers and Administration of Sacraments and other Rites and Ceremonies, and for establishing the Form of making, ordaining and consecrating of Bishops, Priests and Deacons in the Church of England, for officiating in any congregation for the exercise of religion permitted and allowed by this act. * * *

[part omitted]

XVI. Provided always, and it is the true intent and meaning of this act, that all the laws made and provided for the frequenting of divine service on the Lord’s day, commonly called Sunday, shall be still in force and executed against all persons that offend against the said laws, except such persons come to some congregation or assembly of religious worship allowed or permitted by this act.

XVII. Provided always, and be it further enacted by the authority aforesaid, that neither this act nor any clause, article or thing herein contained shall extend or be construed to extend to give any ease, benefit or advantage to any papist or popish recusant whatsoever, or any person that shall deny in his preaching or writing the doctrine of the Blessed Trinity, as it is declared in the aforesaid articles of religion.

[Part omitted]

XIX. Provided always, that no congregation or assembly for religious worship shall be permitted or allowed by this act, until the place of such meeting shall be certified to the bishop of the diocese, or to the arch-deacon of that arch-deaconry, or to the justices of the peace at the general or quarter sessions of the peace for the county, city or place in which such meeting shall be held, and registered in the said bishop’s or arch-deacon’s court respectively, or recorded at the said general or quarter sessions; the register or clerk of the peace whereof respectively is hereby required to register the same, and to give certificate thereof to such person as shall demand the same, for which there shall be no greater fee nor reward taken than the sum of six pence.

[Back to Contents]

239. The Bill of Rights

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.:

[The Declaration of Rights]

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 of 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 have been 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 the levying money for or to the use of the crown by pretence of prerogative without grant of parliament for a 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 to 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.”

“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, preeminence or authority, ecclesiastical or spiritual, within this realm. So help me God.”

[End of the Declaration]

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 lords spiritual and temporal and commons did agree and proceed to act accordingly. Now in pursuance of the premises, the 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 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 humbly 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 kingdom 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 forever; 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 bath 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 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 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 forever; 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 case 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.

[Back to Contents]

240. Act Restoring Charter of London

WHEREAS a judgment was given in the court of king’s bench in or about Trinity term, in the five and thirtieth year of the reign of the late king Charles the Second, upon an information in the nature of a Quo Warranto, exhibited in the said court against the mayor and commonalty and citizens of the city of London, that the liberty, privilege and franchise of the said mayor and commonalty and citizens, being a body politic and corporate, should be seized into the king’s hands as forfeited: and forasmuch as the said judgment and the proceedings thereupon is and were illegal and arbitrary; and for that the restoring of the said mayor and commonalty and citizens to their ancient liberties of which they had been deprived tends very much to the peace and good settlement of this kingdom; be it declared and enacted by the king and queen’s most excellent Majesties, by and with the advice and consent of the lords spiritual and temporal and commons in this present parliament assembled and by authority of the same, that the said judgment given in the said court of king’s bench, in the said Trinity term, in the five and thirtieth year of the reign of the said king Charles the Second, or in any other term, and all and every other judgment given or recorded in the said court for the seizing into the said late king’s hands the liberty, privilege or franchise of the mayor and commonalty and citizens of the city of London of being of themselves a body corporate and politic, by the name of the mayor and commonalty and citizens of the city of London, and by that name to plead and be impleaded and to answer and to be answered, or in what manner or words soever such judgment was entered is, shall be and are hereby reversed, annulled and made void to all intents and purposes whatsoever, and that vacats be entered upon the rolls of the said judgment for the vacating and reversal of the same accordingly.

II. And be it further declared and enacted by the authority aforesaid, that the mayor and commonalty and citizens of the city of London shall and may forever hereafter remain, continue and be, and prescribe to be, a body corporate and politic in re facto et nomine by the name of mayor and commonalty and citizens of the city of London, and by that name and all and every other name and names of incorporation, by which they at any time before the said judgment were incorporated, to sue, plead and be impleaded and to answer and to be answered, without any seizure or forejudger of the said franchise, liberty and privilege, or being thereof excluded or ousted, for or upon any pretence of any forfeiture or misdemeanour at any time heretofore or hereafter to be done, committed or suffered; and the said mayor and commonalty and citizens of the said city shall and may, as by law they ought, peaceably have and enjoy all and every their rights, gifts, charters, grants, liberties, privileges, franchises, customs, usages, constitutions, prescriptions, immunities, markets, duties, tolls, lands, tenements, estates and hereditaments whatsoever, which they lawfully had or had lawful right, title or interest of, in or to, at the time of the recording or giving the said judgment or at the time or times of the said pretended forfeitures.

[Part omitted]

[Back to Contents]

241. The Triennial Act

WHEREAS by the ancient laws and statutes of this kingdom frequent parliament sought to be held, and whereas frequent and new parliaments tend very much to the happy union and good agreement of the king and people, we Your Majesties’ most loyal and obedient subjects, the lords spiritual and temporal and commons in this present parliament assembled, do most humbly beseech Your most excellent Majesties, that it may be declared and enacted in this present parliament, and it is hereby declared and enacted by the king and queen’s most excellent Majesties, by and with the advice and consent of the lords spiritual and temporal and commons in this present parliament assembled and by the authority of the same, that from henceforth a parliament shall be holden once in three years at the least.

II. And be it further enacted by the authority aforesaid, that within three years at the farthest from and after the dissolution of this present parliament, and so from time to time forever hereafter within three years at the farthest from and after the determination of every other parliament, legal writs under the great seal shall be issued by directions of Your Majesties, your heirs and successors, for calling, assembling and holding another new parliament.

III. And be it further enacted by the authority aforesaid, that from henceforth no parliament whatsoever, that shall at any time hereafter be called, assembled or held, shall have any continuance longer than for three years only at the farthest, to be accounted from the day on which by the writs of summons the said parliament shall be appointed to meet.

IV. And be it further enacted by the authority aforesaid, that this present parliament shall cease and determine on the first day of November, which shall be in the year of our Lord one thousand six hundred ninety-six, unless Their Majesties shall think fit to dissolve it sooner.

[Back to Contents]

242. Treason Trials Act

WHEREAS nothing is more just and reasonable than that persons prosecuted for high treason and misprision of treason, whereby the liberties, lives, honour, estates, blood and posterity of the subjects may be lost and destroyed, should be justly, and equally tried, and that persons accused as offenders therein should not be debarred of all just and equal means for defence of their innocencies in such cases; in order thereunto and for the better regulation of trials of persons prosecuted for high treason and misprision of such treason, be it enacted by the king’s most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal and the commons in this present parliament assembled, and by the authority of the same, that from and after the five and twentieth day of March in the year of our Lord one thousand six hundred ninety-six all and every person and persons whatsoever, that shall be accused and indicted for high treason, whereby any corruption of blood may or shall be made to any such offender or offenders or to any the heir or heirs of any such offender or offenders, or for misprision of such treason, shall have a true copy of the whole indictment, but not the names of the witnesses, delivered unto them or any of them five days at the least before he or they shall be tried for the same, whereby to enable them and any of them respectively to advise with counsel thereupon, to plead and make their defence, his or their attorney or attorneys, agent or agents, or any of them requiring the same, and paying the officer his reasonable fees for writing thereof, not exceeding five shillings for the copy of every such indictment; and that every such person so accused and indicted, arraigned or tried for any such treason as aforesaid or for misprision of such treason, from and after the said time, shall be received and admitted to make his and their full defence by counsel learned in the law, and to make any proof that he or they can produce by lawful witness or witnesses, who shall then be upon oath, for his and their just defence in that behalf: and in case any person or persons so accused or indicted shall desire counsel, the court before whom such person or persons shall be tried or some judge of that court shall and hereby is authorized and required immediately, upon his or their request, to assign to such person and persons such and so many counsel, not exceeding two, as the person or persons shall desire, to whom such counsel shall have free access at all seasonable hours; any law or usage to the contrary notwithstanding.

II. And be it further enacted, that from and after the said five and twentieth day of March in the year of our lord one thousand six hundred ninety-six, no person or persons whatsoever shall be indicted, tried or attainted of high treason, whereby any corruption of blood may or shall be made to any such offender or offenders or to any the heir or heirs of any such offender or offenders, or of misprision of such treason, but by and upon the oaths and testimony of two lawful witnesses, either both of them to the same overt act, or one of them to one and another of them to another overt act of the same treason; unless the party indicted and arraigned or tried shall willingly, without violence, in open court confess the same, or shall stand mute or refuse to plead, or in cases of high treason shall peremptorily challenge above the number of thirty-five of the jury; any law, statute or usage to the contrary notwithstanding.

[Part omitted]

IV. And be it further enacted and declared by the authority aforesaid, that if two or more distinct treasons of divers heads or kinds shall be alleged in one bill of indictment, one witness produced to prove one of the said treasons, and another witness produced to prove another of the said treasons, shall not be deemed or taken to be two witnesses to the same treason within the meaning of this act.

V. And to the intent that the terror and dread of such criminal accusations may in some reasonable time be removed, be it further enacted by the authority aforesaid, that from and after the said five and twentieth day of March in the year of our Lord one thousand six hundred ninety-six, no person or persons whatsoever shall be indicted, tried or prosecuted for any such treason as aforesaid, or for misprision of such treason, that shall be committed or done within the kingdom of England, dominion of Wales or town of Berwick upon Tweed, after the said five and twentieth day of March in the year of our Lord one thousand six hundred ninety-six, unless the same indictment be found by a grand jury within three years next after the treason or offence done and committed.

VI. And that no person or persons shall be prosecuted for any such treason or misprision of such treason, committed or done or to be committed or done within the kingdom of England, dominion of Wales or town of Berwick upon Tweed before the said five and twentieth day of March, unless he or they shall be indicted thereof within three years after the said five and twentieth day of March, always provided and excepted, that if any person or persons whatsoever shall be guilty of designing, endeavouring or attempting any assassination on the body of the king, by poison or otherwise, such person or persons may be prosecuted at any time, notwithstanding the aforesaid limitation.

VII. And all and every person and persons, who shall be accused, indicted and tried for such treason as aforesaid, or for misprision of such treason, after the said five and twentieth day of March in the year of our Lord one thousand six hundred ninety-six, shall have copies of the panel of the jurors who are to try them, duly returned by the sheriff, and delivered unto them and every of them so accused and indicted respectively, two days at the least before he or they shall be tried for the same; and that all persons so accused and indicted for any such treason as aforesaid shall have the like process of the court, where they shall be tried, to compel their witnesses to appear for them at any such trial or trials, as is usually granted to compel witnesses to appear against them.

VIII. And be it further enacted, that no evidence shall be admitted or given of any overt act, that is not expressly laid in the indictment against any person or persons whatsoever.

[Part omitted]

X. And whereas by the good laws of this kingdom, in cases of trials of commoners for their lives, a jury of twelve freeholders must all agree in one opinion before they can bring a verdict either for acquittal or condemnation of the prisoner; and whereas upon the trials of peers or peeresses a major vote is sufficient either to acquit or condemn; be it further enacted by the authority aforesaid, that upon the trial of any peer or peeress, either for treason or misprision, all the peers who have a right to sit and vote in parliament shall be duly summoned, twenty days at least before every such trial, to appear at every such trial: and that every peer so summoned and appearing at such trial shall vote in the trial of such peer or peeress so to be tried, every such peer first taking the oaths mentioned in an act of parliament made in the first year of the reign of king William and queen Mary, entitled, An Act for abrogating the Oaths of Supremacy and Allegiance and appointing other Oaths; and also every such peer subscribing and audibly repeating the declaration mentioned in An Act for the more effectual preserving the King’s Person and Government by disabling Papists from sitting in either House of Parliament, and made in the thirtieth year of the reign of the late king Charles the Second.

XI. Provided always, that neither this act nor anything therein contained shall any way extend or be construed to extend to any impeachment or other proceedings in parliament in any kind whatsoever.

[Part omitted]

[Back to Contents]

243. The Act of Settlement.

WHEREAS in the first year of the reign of Your Majesty and of our late most gracious sovereign lady queen Mary (of blessed memory) an act of parliament was made, entitled, An Act for declaring the Rights and Liberties of the Subject and for settling the Succession of the Crown, wherein it was (amongst other things) enacted, established and declared, that the crown and regal government of the kingdoms of England, France and Ireland, and the dominions thereunto belonging, should be and continue to Your Majesty and the said late queen during the joint lives of Your Majesty and the said queen and to the survivor; and that after the decease of Your Majesty and of the said queen the said crown and regal government should be and remain to the heirs of the body of the said late queen; 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 Your Majesty. And it was thereby further enacted, that all and every person and persons that then were or afterwards should be reconciled to or should hold communion with the See or Church of Rome, or should profess the popish religion, or marry a papist, should be excluded, and are by that act made 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 and cases the people of these realms shall be and are thereby absolved of their allegiance; and that 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, professing or marrying as aforesaid, were naturally dead. After the making of which statute and the settlement therein contained, Your Majesty’s good subjects, who were restored to the full and free possession and enjoyment of their religion, rights and liberties by the providence of God giving success to Your Majesty’s just undertakings and unwearied endeavours for that purpose, had no greater temporal felicity to hope or wish for, than to see a royal progeny descending from Your Majesty, to whom (under God) they owe their tranquillity, and whose ancestors have for many years been principal assertors of the reformed religion and the liberties of Europe and from our said most gracious sovereign lady, whose memory will always be precious to the subjects of these realms; and it having since pleased Almighty God to take away our said sovereign lady, and also the most hopeful prince William, duke of Gloucester, (the only surviving issue of Her Royal Highness the princess Anne of Denmark), to the unspeakable grief and sorrow of Your Majesty and your said good subjects, who, under such losses being sensibly put in mind, that it standeth wholly in the pleasure of Almighty God to prolong the lives of Your Majesty and of Her Royal Highness, and to grant to Your Majesty or to Her Royal Highness such issue as may be inheritable to the crown and regal government aforesaid, by the respective limitations in the said recited act contained, do constantly implore the divine mercy for those blessings; and Your Majesty’s said subjects having daily experience of your royal care and concern for the present and future welfare of these kingdoms, and particularly recommending from your throne a further provision to be made for the succession of the crown in the Protestant line, for the happiness of the nation and the security of our religion; and it being absolutely necessary for the safety, peace and quiet of this realm, to obviate all doubts and contentions in the same, by reason of any pretended title to the crown and to maintain a certainty in the succession thereof, to which your subjects may safely have recourse for their protection, in case the limitations in the said just recited act should determine:

Therefore for a further provision of the succession of the crown in the Protestant line, we Your Majesty’s most dutiful and loyal subjects, the lords spiritual and temporal and commons in this present parliament assembled, do beseech Your Majesty that it may be enacted and declared, and be it enacted and declared by the king’s most excellent Majesty by and with the advice and consent of the lords spiritual and temporal and commons in this present parliament assembled, and by the authority of the same, that the most excellent princess Sophia, electress and duchess dowager of Hanover, daughter of the most excellent princess Elizabeth, late queen of Bohemia, daughter of our late sovereign lord king James the First, of happy memory, be and is hereby declared to be the next in succession in the Protestant line to the imperial crown and dignity of the said realms of England, France and Ireland, with the dominions and territories thereunto belonging, after His Majesty and the princess Anne of Denmark, and in default of issue of the said princess Anne and of His Majesty respectively; and that from and after the deceases of His said Majesty our now sovereign lord and of Her Royal Highness the princess Anne of Denmark, and for default of issue of the said princess Anne and of His Majesty respectively, the crown and regal government of the said kingdoms of England, France and Ireland and of the dominions thereunto belonging, with the royal state and dignity of the said realms and all honours, styles, titles, regalities, prerogatives, powers, jurisdictions and authorities to the same belonging and appertaining, shall be, remain and continue to the said most excellent princess Sophia and the heirs of her body, being Protestants; and thereunto the said lords spiritual and temporal and commons shall and will, in the name of all the people of this realm, most humbly and faithfully submit themselves, their heirs and posterities, and do faithfully promise that after the deceases of His Majesty and Her Royal Highness, and the failure of the heirs of their respective bodies, to stand to, maintain and defend the said princess Sophia and the heirs of her body, being Protestants, according to the limitation and succession of the crown in this act 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.

II. Provided always, and it is hereby enacted, that all and every person and persons, who shall or may take or inherit the said crown, by virtue of the limitation of this present act, and 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 subject to such incapacities, as in such case or cases are by the said recited act provided, enacted and established; and that every king and queen of this realm, who shall come to and succeed in the imperial crown of this kingdom by virtue of this act, shall have the coronation oath administered to him, her or them, at their respective coronations, according to the act of parliament made in the first year of the reign of His Majesty and the said late queen Mary, entitled, An Act for establishing the Coronation Oath, and shall make, subscribe and repeat the declaration in the act first above recited, mentioned or referred to, in the manner and form, thereby prescribed.

III. And whereas it is requisite and necessary that some further provision be made for securing our religion, laws and liberties, from and after the death of His Majesty and the princess Anne of Denmark, and in default of issue of the body of the said princess and of His Majesty respectively; be it enacted by the king’s most excellent Majesty, 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:

That whosoever shall hereafter come to the possession of this crown shall join in communion with the Church of England as by law established.

That in case the crown and imperial dignity of this realm shall hereafter come to any person, not being a native of this kingdom of England, this nation be not obliged to engage in any war for the defence of any dominions or territories which do not belong to the crown of England, without consent of parliament.

That no person who shall hereafter come to the possession of this crown shall go out of the dominions of England, Scotland or Ireland, without consent of parliament.

That from and after the time that the further limitation by this act shall take effect, all matters and things relating to the well governing of this kingdom, which are properly cognizable in the privy council by the laws and customs of this realm, shall be transacted there; and all resolutions taken thereupon shall be signed by such of the privy council as shall advise and consent to the same.

That after the said limitation shall take effect as aforesaid, no person born out of the kingdoms of England, Scotland or Ireland or the dominions thereunto belonging (although he be naturalized or made a denizen, except such as are born of English parents) shall be capable to be of the privy council, or a member of either house of parliament, or to enjoy any office or place of trust, either civil or military, or to have any grant of lands, tenements or hereditaments from the crown to himself or to any other or others in trust for him.

That no person who has an office or place of profit under the king or receives a pension from the crown shall be capable of serving as a member of the house of commons.

That after the said limitation shall take effect as aforesaid, judges commissions be made quam diu se bene gesserint, and their salaries ascertained and established, but upon the address of both houses of parliament it may be lawful to remove them.

That no pardon under the great seal of England be pleadable to an impeachment by the commons in parliament.

IV. And whereas the laws of England are the birthright of the people thereof, and all the kings and queens who shall ascend the throne of this realm ought to administer the government of the same according to the said laws, and all their officers and ministers ought to serve them respectively according to the same; the said lords spiritual and temporal and commons do therefore further humbly pray, that all the laws and statutes of this realm for securing the established religion and the rights and liberties of the people thereof, and all other laws and statutes of the same now in force, may be ratified and confirmed, and the same are by His Majesty, by and with the advice and consent of the said lords spiritual and temporal and commons, and by authority of the same, ratified and confirmed accordingly.

[Back to Contents]

Next Page