Whereas the
Lords Spiritual and Temporal and Commons assembled at Westminster, lawfully,
fully and freely representing all the estates of the people of this realm, did
upon the thirteenth day of February in the year of our Lord one thousand six
hundred eighty-eight [old style date] present unto their Majesties, then called
and known by the names and style of William and Mary, prince and princess of
Orange, being present in their proper persons, a certain declaration in writing
made by the said Lords and Commons in the words following, viz.:
Whereas the
late King James the Second, by the assistance of divers evil counsellors,
judges and ministers employed by him, did endeavour to subvert and extirpate
the Protestant religion and the laws and liberties of this kingdom;
By assuming and
exercising a power of dispensing with and suspending of laws and the execution
of laws without consent of Parliament;
By committing
and prosecuting divers worthy prelates for humbly petitioning to be excused
from concurring to the said assumed power;
By issuing and
causing to be executed a commission under the great seal for erecting a court
called the Court of Commissioners for Ecclesiastical Causes;
By levying
money for and to the use of the Crown by pretence of prerogative for other time
and in other manner than the same was granted by Parliament;
By raising and
keeping a standing army within this kingdom in time of peace without consent of
Parliament, and quartering soldiers contrary to law;
By causing
several good subjects being Protestants to be disarmed at the same time when
papists were both armed and employed contrary to law;
By violating the
freedom of election of members to serve in Parliament;
By prosecutions
in the Court of King's Bench for matters and causes cognizable only in
Parliament, and by divers other arbitrary and illegal courses;
And whereas of
late years partial corrupt and unqualified persons have been returned and
served on juries in trials, and particularly divers jurors in trials for high
treason which were not freeholders;
And excessive
bail hath been required of persons committed in criminal cases to elude the
benefit of the laws made for the liberty of the subjects;
And excessive
fines have been imposed;
And illegal and
cruel punishments inflicted;
And several
grants and promises made of fines and forfeitures before any conviction or
judgment against the persons upon whom the same were to be levied;
All which are
utterly and directly contrary to the known laws and statutes and freedom of
this realm;
And whereas the
said late King James the Second having abdicated the government and the throne
being thereby vacant, his Highness the prince of Orange (whom it hath pleased
Almighty God to make the glorious instrument of delivering this kingdom from
popery and arbitrary power) did (by the advice of the Lords Spiritual and
Temporal and divers principal persons of the Commons) cause letters to be
written to the Lords Spiritual and Temporal being Protestants, and other
letters to the several counties, cities, universities, boroughs and cinque
ports, for the choosing of such persons to represent them as were of right to
be sent to Parliament, to meet and sit at Westminster upon the two and
twentieth day of January in this year one thousand six hundred eighty and eight
[old style date], in order to such an establishment as that their religion,
laws and liberties might not again be in danger of being subverted, upon which
letters elections having been accordingly made;
And thereupon
the said Lords Spiritual and Temporal and Commons, pursuant to their respective
letters and elections, being now assembled in a full and free representative of
this nation, taking into their most serious consideration the best means for
attaining the ends aforesaid, do in the first place (as their ancestors in like
case have usually done) for the vindicating and asserting their ancient rights
and liberties declare
That the
pretended power of suspending the laws or the execution of laws by regal
authority without consent of Parliament is illegal;
That the
pretended power of dispensing with laws or the execution of laws by regal
authority, as it hath been assumed and exercised of late, is illegal;
That the
commission for erecting the late Court of Commissioners for Ecclesiastical
Causes, and all other commissions and courts of like nature, are illegal and
pernicious;
That levying
money for or to the use of the Crown by pretence of prerogative, without grant
of Parliament, for longer time, or in other manner than the same is or shall be
granted, is illegal;
That it is the
right of the subjects to petition the king, and all commitments and
prosecutions for such petitioning are illegal;
That the
raising or keeping a standing army within the kingdom in time of peace, unless
it be with consent of Parliament, is against law;
That the
subjects which are Protestants may have arms for their defence suitable to
their conditions and as allowed by law;
That election
of members of Parliament ought to be free;
That the
freedom of speech and debates or proceedings in Parliament ought not to be
impeached or questioned in any court or place out of Parliament;
That excessive
bail ought not to be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted;
That jurors
ought to be duly impanelled and returned, and jurors which pass upon men in
trials for high treason ought to be freeholders;
That all grants
and promises of fines and forfeitures of particular persons before conviction
are illegal and void;
And that for
redress of all grievances, and for the amending, strengthening and preserving
of the laws, Parliaments ought to be held frequently.
And they do
claim, demand and insist upon all and singular the premises as their undoubted
rights and liberties, and that no declarations, judgments, doings or
proceedings to the prejudice of the people in any of the said premises ought in
any wise to be drawn hereafter into consequence or example; to which demand of
their rights they are particularly encouraged by the declaration of his
Highness the prince of Orange as being the only means for obtaining a full
redress and remedy therein. Having therefore an entire confidence that his said
Highness the prince of Orange will perfect the deliverance so far advanced by
him, and will still preserve them from the violation of their rights which they
have here asserted, and from all other attempts upon their religion, rights and
liberties, the said Lords Spiritual and Temporal and Commons assembled at
Westminster do resolve that William and Mary, prince and princess of Orange, be
and be declared king and queen of England, France and Ireland and the dominions
thereunto belonging, to hold the crown and royal dignity of the said kingdoms
and dominions to them, the said prince and princess, during their lives and the
life of the survivor to them, and that the sole and full exercise of the regal
power be only in and executed by the said prince of Orange in the names of the
said prince and princess during their joint lives, and after their deceases the
said crown and royal dignity of the same kingdoms and dominions to be to the
heirs of the body of the said princess, and for default of such issue to the
Princess Anne of Denmark and the heirs of her body, and for default of such
issue to the heirs of the body of the said prince of Orange. And the Lords
Spiritual and Temporal and Commons do pray the said prince and princess to
accept the same accordingly.
And that the
oaths hereafter mentioned be taken by all persons of whom the oaths have
allegiance and supremacy might be required by law, instead of them; and that
the said oaths of allegiance and supremacy be abrogated.
I, A.B., do
sincerely promise and swear that I will be faithful and bear true allegiance to
their Majesties King William and Queen Mary. So help me God.
I, A.B., do
swear that I do from my heart abhor, detest and abjure as impious and heretical
this damnable doctrine and position, that princes excommunicated or deprived by
the Pope or any authority of the see of Rome may be deposed or murdered by
their subjects or any other whatsoever. And I do declare that no foreign
prince, person, prelate, state or potentate hath or ought to have any
jurisdiction, power, superiority, pre-eminence or authority, ecclesiastical or
spiritual, within this realm. So help me God.
Upon which
their said Majesties did accept the crown and royal dignity of the kingdoms of
England, France and Ireland, and the dominions thereunto belonging, according
to the resolution and desire of the said Lords and Commons contained in the
said declaration. And thereupon their Majesties were pleased that the said
Lords Spiritual and Temporal and Commons, being the two Houses of Parliament,
should continue to sit, and with their Majesties' royal concurrence make
effectual provision for the settlement of the religion, laws and liberties of
this kingdom, so that the same for the future might not be in danger again of
being subverted, to which the said Lords Spiritual and Temporal and Commons did
agree, and proceed to act accordingly. Now in pursuance of the premises the
said Lords Spiritual and Temporal and Commons in Parliament assembled, for the
ratifying, confirming and establishing the said declaration and the articles,
clauses, matters and things therein contained by the force of law made in due
form by authority of Parliament, do pray that it may be declared and enacted
that all and singular the rights and liberties asserted and claimed in the said
declaration are the true, ancient and indubitable rights and liberties of the
people of this kingdom, and so shall be esteemed, allowed, adjudged, deemed and
taken to be; and that all and every the particulars aforesaid shall be firmly
and strictly holden and observed as they are expressed in the said declaration,
and all officers and ministers whatsoever shall serve their Majesties and their
successors according to the same in all time to come. And the said Lords
Spiritual and Temporal and Commons, seriously considering how it hath pleased
Almighty God in his marvellous providence and merciful goodness to this nation
to provide and preserve their said Majesties' royal persons most happily to
reign over us upon the throne of their ancestors, for which they render unto
him from the bottom of their hearts their humblest thanks and praises, do
truly, firmly, assuredly and in the sincerity of their hearts think, and do
hereby recognize, acknowledge and declare, that King James the Second having
abdicated the government, and their Majesties having accepted the crown and
royal dignity as aforesaid, their said Majesties did become, were, are and of
right ought to be by the laws of this realm our sovereign liege lord and lady,
king and queen of England, France and Ireland and the dominions thereunto
belonging, in and to whose princely persons the royal state, crown and dignity
of the said realms with all honours, styles, titles, regalities, prerogatives,
powers, jurisdictions and authorities to the same belonging and appertaining
are most fully, rightfully and entirely invested and incorporated, united and
annexed. And for preventing all questions and divisions in this realm by reason
of any pretended titles to the crown, and for preserving a certainty in the
succession thereof, in and upon which the unity, peace, tranquility and safety
of this nation doth under God wholly consist and depend, the said Lords
Spiritual and Temporal and Commons do beseech their Majesties that it may be
enacted, established and declared, that the crown and regal government of the
said kingdoms and dominions, with all and singular the premises thereunto
belonging and appertaining, shall be and continue to their said Majesties and
the survivor of them during their lives and the life of the survivor of them,
and that the entire, perfect and full exercise of the regal power and
government be only in and executed by his Majesty in the names of both their
Majesties during their joint lives; and after their deceases the said crown and
premises shall be and remain to the heirs of the body of her Majesty, and for
default of such issue to her Royal Highness the Princess Anne of Denmark and
the heirs of the body of his said Majesty; and thereunto the said Lords
Spiritual and Temporal and Commons do in the name of all the people aforesaid
most humbly and faithfully submit themselves, their heirs and posterities for
ever, and do faithfully promise that they will stand to, maintain and defend
their said Majesties, and also the limitation and succession of the crown
herein specified and contained, to the utmost of their powers with their lives
and estates against all persons whatsoever that shall attempt anything to the
contrary. And whereas it hath been found by experience that it is inconsistent
with the safety and welfare of this Protestant kingdom to be governed by a
popish prince, or by any king or queen marrying a papist, the said Lords
Spiritual and Temporal and Commons do further pray that it may be enacted, that
all and every person and persons that is, are or shall be reconciled to or
shall hold communion with the see or Church of Rome, or shall profess the
popish religion, or shall marry a papist, shall be excluded and be for ever
incapable to inherit, possess or enjoy the crown and government of this realm
and Ireland and the dominions thereunto belonging or any part of the same, or
to have, use or exercise any regal power, authority or jurisdiction within the
same; and in all and every such case or cases the people of these realms shall
be and are hereby absolved of their allegiance; and the said crown and
government shall from time to time descend to and be enjoyed by such person or
persons being Protestants as should have inherited and enjoyed the same in case
the said person or persons so reconciled, holding communion or professing or
marrying as aforesaid were naturally dead; and that every king and queen of
this realm who at any time hereafter shall come to and succeed in the imperial
crown of this kingdom shall on the first day of the meeting of the first
Parliament next after his or her coming to the crown, sitting in his or her
throne in the House of Peers in the presence of the Lords and Commons therein
assembled, or at his or her coronation before such person or persons who shall
administer the coronation oath to him or her at the time of his or her taking
the said oath (which shall first happen), make, subscribe and audibly repeat
the declaration mentioned in the statute made in the thirtieth year of the
reign of King Charles the Second entitled, _An Act for the more effectual
preserving the king's person and government by disabling papists from sitting
in either House of Parliament._ But if it shall happen that such king or queen
upon his or her succession to the crown of this realm shall be under the age of
twelve years, then every such king or queen shall make, subscribe and audibly
repeat the same declaration at his or her coronation or the first day of the
meeting of the first Parliament as aforesaid which shall first happen after
such king or queen shall have attained the said age of twelve years. All which
their Majesties are contented and pleased shall be declared, enacted and
established by authority of this present Parliament, and shall stand, remain
and be the law of this realm for ever; and the same are by their said
Majesties, by and with the advice and consent of the Lords Spiritual and
Temporal and Commons in Parliament assembled and by the authority of the same,
declared, enacted and established accordingly.
II. And be it further declared and enacted by the
authority aforesaid, that from and after this present session of Parliament no
dispensation by _non obstante_ of or to any statute or any part thereof shall
be allowed, but that the same shall be held void and of no effect, except a
dispensation be allowed of in such statute, and except in such cases as shall
be specially provided for by one or more bill or bills to be passed during this
present session of Parliament.
III. Provided that no charter or grant or pardon granted
before the three and twentieth day of October in the year of our Lord one
thousand six hundred eighty-nine shall be any ways impeached or invalidated by
this Act, but that the same shall be and remain of the same force and effect in
law and no other than as if this Act had never been made.