Bill of Rights*
1688
An Act Declaring the Rights and Liberties of the Subject and
Settling the Succession of the Crown Whereas the Lords Spiritual
and Temporal and Commons assembled at Westminster, lawfully, fully
and freely representing all the estates of the people of this
realm, did upon the thirteenth day of February in the year of
our Lord one thousand six hundred eighty-eight [old style date]
present unto their Majesties, then called and known by the names
and style of William and Mary, prince and princess of Orange,
being present in their proper persons, a certain declaration in
writing made by the said Lords and Commons in the words following,
viz.:
Whereas the late King James the Second, by the assistance of divers
evil counsellors, judges and ministers employed by him, did endeavour
to subvert and extirpate the Protestant religion and the laws
and liberties of this kingdom;
By assuming and exercising a power of dispensing with and suspending
of laws and the execution of laws without consent of Parliament;
By committing and prosecuting divers worthy prelates for humbly
petitioning to be excused from concurring to the said assumed
power;
By issuing and causing to be executed a commission under the great
seal for erecting a court called the Court of Commissioners for
Ecclesiastical Causes;
By levying money for and to the use of the Crown by pretence of
prerogative for other time and in other manner than the same was
granted by Parliament;
By raising and keeping a standing army within this kingdom in
time of peace without consent of Parliament, and quartering soldiers
contrary to law;
By causing several good subjects being Protestants to be disarmed
at the same time when papists were both armed and employed contrary
to law;
By violating the freedom of election of members to serve in Parliament;
By prosecutions in the Court of King's Bench for matters and causes
cognizable only in Parliament, and by divers other arbitrary and
illegal courses;
And whereas of late years partial corrupt and unqualified persons
have been returned and served on juries in trials, and particularly
divers jurors in trials for high treason which were not freeholders;
And excessive bail hath been required of persons committed in
criminal cases to elude the benefit of the laws made for the liberty
of the subjects;
And excessive fines have been imposed;
And illegal and cruel punishments inflicted;
And several grants and promises made of fines and forfeitures
before any conviction or judgment against the persons upon whom
the same were to be levied;
All which are utterly and directly contrary to the known laws
and statutes and freedom of this realm;
And whereas the said late King James the Second having abdicated
the government and the throne being thereby vacant, his Highness
the prince of Orange (whom it hath pleased Almighty God to make
the glorious instrument of delivering this kingdom from popery
and arbitrary power) did (by the advice of the Lords Spiritual
and Temporal and divers principal persons of the Commons) cause
letters to be written to the Lords Spiritual and Temporal being
Protestants, and other letters to the several counties, cities,
universities, boroughs and cinque ports, for the choosing of such
persons to represent them as were of right to be sent to Parliament,
to meet and sit at Westminster upon the two and twentieth day
of January in this year one thousand six hundred eighty and eight
[old style date], in order to such an establishment as that their
religion, laws and liberties might not again be in danger of being
subverted, upon which letters elections having been accordingly
made;
And thereupon the said Lords Spiritual and Temporal and Commons,
pursuant to their respective letters and elections, being now
assembled in a full and free representative of this nation, taking
into their most serious consideration the best means for attaining
the ends aforesaid, do in the first place (as their ancestors
in like case have usually done) for the vindicating and asserting
their ancient rights and liberties declare That the pretended
power of suspending the laws or the execution of laws by regal
authority without consent of Parliament is illegal;
That the pretended power of dispensing with laws or the execution
of laws by regal authority, as it hath been assumed and exercised
of late, is illegal;
That the commission for erecting the late Court of Commissioners
for Ecclesiastical Causes, and all other commissions and courts
of like nature, are illegal and pernicious;
That levying money for or to the use of the Crown by pretence
of prerogative, without grant of Parliament, for longer time,
or in other manner than the same is or shall be granted, is illegal;
That it is the right of the subjects to petition the king, and
all commitments and prosecutions for such petitioning are illegal;
That the raising or keeping a standing army within the kingdom
in time of peace, unless it be with consent of Parliament, is
against law;
That the subjects which are Protestants may have arms for their
defence suitable to their conditions and as allowed by law;
That election of members of Parliament ought to be free;
That the freedom of speech and debates or proceedings in Parliament
ought not to be impeached or questioned in any court or place
out of Parliament;
That excessive bail ought not to be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted;
That jurors ought to be duly impanelled and returned, and jurors
which pass upon men in trials for high treason ought to be freeholders;
That all grants and promises of fines and forfeitures of particular
persons before conviction are illegal and void;
And that for redress of all grievances, and for the amending,
strengthening and preserving of the laws, Parliaments ought to
be held frequently.
And they do claim, demand and insist upon all and singular the
premises as their undoubted rights and liberties, and that no
declarations, judgments, doings or proceedings to the prejudice
of the people in any of the said premises ought in any wise to
be drawn hereafter into consequence or example; to which demand
of their rights they are particularly encouraged by the declaration
of his Highness the prince of Orange as being the only means for
obtaining a full redress and remedy therein. Having therefore
an entire confidence that his said Highness the prince of Orange
will perfect the deliverance so far advanced by him, and will
still preserve them from the violation of their rights which they
have here asserted, and from all other attempts upon their religion,
rights and liberties, the said Lords Spiritual and Temporal and
Commons assembled at Westminster do resolve that William and Mary,
prince and princess of Orange, be and be declared king and queen
of England, France and Ireland and the dominions thereunto belonging,
to hold the crown and royal dignity of the said kingdoms and dominions
to them, the said prince and princess, during their lives and
the life of the survivor to them, and that the sole and full exercise
of the regal power be only in and executed by the said prince
of Orange in the names of the said prince and princess during
their joint lives, and after their deceases the said crown and
royal
dignity of the same kingdoms and dominions to be to the heirs
of the body of the said princess, and for default of such issue
to the Princess Anne of Denmark and the heirs of her body, and
for default of such issue to the heirs of the body of the said
prince of Orange.
And the Lords Spiritual and Temporal and Commons do pray the said
prince and princess to accept the same accordingly.
And that the oaths hereafter mentioned be taken by all persons
of whom the oaths have allegiance and supremacy might be required
by law, instead of them; and that the said oaths of allegiance
and supremacy be abrogated.
I, A.B., do sincerely promise and swear that I will be faithful
and bear true allegiance to their Majesties King William and Queen
Mary.
So help me God.
I, A.B., do swear that I do from my heart abhor, detest and abjure
as impious and heretical this damnable doctrine and position,
that princes excommunicated or deprived by the Pope or any authority
of the see of Rome may be deposed or murdered by their subjects
or any other whatsoever. And I do declare that no foreign prince,
person, prelate, state or potentate hath or ought to have any
jurisdiction, power, superiority, pre-eminence or authority, ecclesiastical
or spiritual, within this realm.
So help me God.
Upon which their said Majesties did accept the crown and royal
dignity of the kingdoms of England, France and Ireland, and the
dominions thereunto belonging, according to the resolution and
desire of the said Lords and Commons contained in the said declaration.
And thereupon their Majesties were pleased that the said Lords
Spiritual and Temporal and Commons, being the two Houses of Parliament,
should continue to sit, and with their Majesties royal concurrence
make effectual provision for the settlement of the religion, laws
and liberties of this kingdom, so that the same for the future
might not be in danger again of being subverted, to which the
said Lords Spiritual and Temporal and Commons did agree, and proceed
to act accordingly.
Now in pursuance of the premises the said Lords Spiritual and
Temporal and Commons in Parliament assembled, for the ratifying,
confirming and establishing the said declaration and the articles,
clauses, matters and things therein contained by the force of
law made in due form by authority of Parliament, do pray that
it may be declared and enacted that all and singular the rights
and liberties asserted and claimed in the said declaration are
the true, ancient and indubitable rights and liberties of the
people of this kingdom, and so shall be esteemed, allowed, adjudged,
deemed and taken to be; and that all and every the particulars
aforesaid shall be firmly and strictly holden and observed as
they are expressed in the said declaration, and all officers and
ministers whatsoever shall serve their Majesties and their successors
according to the same in all time to come.
And the said Lords Spiritual and Temporal and Commons, seriously
considering how it hath pleased Almighty God in his marvellous
providence and merciful goodness to this nation to provide and
preserve their said Majesties' royal persons most happily to reign
over us upon the throne of their ancestors, for which they render
unto him from the bottom of their hearts their humblest thanks
and praises, do truly, firmly, assuredly and in the sincerity
of their hearts think, and do hereby recognize, acknowledge and
declare, that King James the Second having abdicated the government,
and their Majesties having accepted the crown and royal dignity
as aforesaid, their said Majesties did become, were, are and of
right ought to be by the laws of this realm our sovereign liege
lord and lady, king and queen of England, France and Ireland and
the dominions thereunto belonging, in and to whose princely persons
the royal state, crown and dignity of the said realms with all
honours, styles, titles, regalities, prerogatives, powers, jurisdictions
and authorities to the same belonging and appertaining are most
fully, rightfully and entirely invested and incorporated, united
and annexed.
And for preventing all questions and divisions in this realm by
reason of any pretended titles to the crown, and for preserving
a certainty in the succession thereof, in and upon which the unity,
peace, tranquility and safety of this nation doth under God wholly
consist and depend, the said Lords Spiritual and Temporal and
Commons do beseech their Majesties that it may be enacted, established
and declared, that the crown and regal government of the said
kingdoms and dominions, with all and singular the premises thereunto
belonging and appertaining, shall be and continue to their said
Majesties and the survivor of them during their lives and the
life of the survivor of them, and that the entire, perfect and
full exercise of the regal power and government be only in and
executed by his Majesty in the names of both their Majesties during
their joint lives; and after their deceases the said crown and
premises shall be and remain to the heirs of the body of her Majesty,
and for default of such issue to her Royal Highness the Princess
Anne of Denmark and the heirs of the body of his said Majesty;
and thereunto the said Lords Spiritual and Temporal and Commons
do in the name of all the people aforesaid most humbly and faithfully
submit themselves, their heirs and posterities for ever, and do
faithfully promise that they will stand to, maintain and defend
their said Majesties, and also the limitation and succession of
the crown herein specified and contained, to the utmost of their
powers with their lives and estates against all persons whatsoever
that shall attempt anything to the contrary.
And whereas it hath been found by experience that it is inconsistent
with the safety and welfare of this Protestant kingdom to be governed
by a popish prince, or by any king or queen marrying a papist,
the said Lords Spiritual and Temporal and Commons do further pray
that it may be enacted, that all and every person and persons
that is, are or shall be reconciled to or shall hold communion
with the see or Church of Rome, or shall profess the popish religion,
or shall marry a papist, shall be excluded and be for ever incapable
to inherit, possess or enjoy the crown and government of this
realm and Ireland and the dominions thereunto belonging or any
part of the same, or to have, use or exercise any regal power,
authority or jurisdiction within the same; and in all and every
such case or cases the people of these realms shall be and are
hereby absolved of their allegiance;
and the said crown and government shall from time to time descend
to and be enjoyed by such person or persons being Protestants
as should have inherited and enjoyed the same in case the said
person or persons so reconciled, holding communion or professing
or marrying as aforesaid were naturally dead;
and that every king and queen of this realm who at any time hereafter
shall come to and succeed in the imperial crown of this kingdom
shall on the first day of the meeting of the first Parliament
next after his or her coming to the crown, sitting in his or her
throne in the House of Peers in the presence of the Lords and
Commons therein assembled, or at his or her coronation before
such person or persons who shall administer the coronation oath
to him or her at the time of his or her taking the said oath (which
shall first happen), make, subscribe and audibly repeat the declaration
mentioned in the statute made in the thirtieth year of the reign
of King Charles the Second entitled, An Act for the more effectual
preserving the king's person and government by disabling papists
from sitting in either House of Parliament.
But if it shall happen that such king or queen upon his or her
succession to the crown of this realm shall be under the age of
twelve years, then every such king or queen shall make, subscribe
and audibly repeat the same declaration at his or her coronation
or the first day of the meeting of the first Parliament as aforesaid
which shall first happen after such king or queen shall have attained
the said age of twelve years.
All which their Majesties are contented and pleased shall be declared,
enacted and established by authority of this present Parliament,
and shall stand, remain and be the law of this realm for ever;
and the same are by their said Majesties, by and with the advice
and consent of the Lords Spiritual and Temporal and Commons in
Parliament assembled and by the authority of the same, declared,
enacted and established accordingly.
II. And be it further declared and enacted by the authority aforesaid,
that from and after this present session of Parliament no dispensation
by - non obstante - of or to any statute or any part thereof shall
be allowed, but that the same shall be held void and of no effect,
except a dispensation be allowed of in such statute, and except
in such cases as shall be specially provided for by one or more
bill or bills to be passed during this present session of Parliament.
III. Provided that no charter or grant or pardon granted before
the three and twentieth day of October in the year of our Lord
one thousand six hundred eighty-nine shall be any ways impeached
or invalidated by this Act, but that the same shall be and remain
of the same force and effect in law and no other than as if this
Act had never been made.
*) Questa Carta delle Libertà, introdotta dal Parlamento
inglese e indirizzata ai principi d'Orange al momento della loro
ascesa al trono, realizzava una riforma costituzionale denominata
<Graziosa rivoluzione - The Glorious Revolution>. Divenne
legge nel 1688 col titolo di <Act declaring the rights and
liberties of the subjects, and settling the succession to the
crown>. Essa costituisce dopo la Magna Charta (v.) uno degli atti d'importanza
fondamentale nell'evoluzione del diritto costituzionale britannico,
in quanto sanciva la supremazia del parlamento nei confronti della
corona, fissava i diritti fondamentali dei sudditi e stabiliva
il principio che il sovrano deve essere di religione protestante.
THE END