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OOOO
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.:
OOOOWhereas 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;
OOOOBy assuming and exercising a power
of dispensing with and suspending of laws and the execution of laws
without consent of Parliament;
OOOOBy committing and prosecuting divers
worthy prelates for humbly petitioning to be excused from concurring
to the said assumed power;
OOOOBy issuing and causing to be
executed a commission under the great seal for erecting a court called
the Court of Commissioners for Ecclesiastical Causes;
OOOOBy 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;
OOOOBy raising and keeping a standing
army within this kingdom in time of peace without consent of
Parliament, and quartering soldiers contrary to law;
OOOOBy causing several good subjects
being Protestants to be disarmed at the same time when papists were
both armed and employed contrary to law;
OOOOBy violating the freedom of election
of members to serve in Parliament;
OOOOBy prosecutions in the Court of
King's Bench for matters and causes cognizable only in Parliament, and
by divers other arbitrary and illegal courses;
OOOOAnd 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;
OOOOAnd 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;
OOOOAnd excessive fines have been
imposed;
OOOOAnd illegal and cruel punishments
inflicted;
OOOOAnd 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;
OOOOAll which are utterly and directly
contrary to the known laws and statutes and freedom of this realm;
OOOOAnd 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;
OOOOAnd 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
OOOOThat the pretended power of
suspending the laws or the execution of laws by regal authority
without consent of Parliament is illegal;
OOOOThat 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;
OOOOThat 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;
OOOOThat 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;
OOOOThat it is the right of the subjects
to petition the king, and all commitments and prosecutions for such
petitioning are illegal;
OOOOThat the raising or keeping a
standing army within the kingdom in time of peace, unless it be with
consent of Parliament, is against law;
OOOOThat the subjects which are
Protestants may have arms for their defence suitable to their
conditions and as allowed by law;
OOOOThat election of members of
Parliament ought to be free;
OOOOThat 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;
OOOOThat excessive bail ought not to be
required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted;
OOOOThat jurors ought to be duly
impanelled and returned, and jurors which pass upon men in trials for
high treason ought to be freeholders;
OOOOThat all grants and promises of
fines and forfeitures of particular persons before conviction are
illegal and void;
OOOOAnd that for redress of all
grievances, and for the amending, strengthening and preserving of the
laws, Parliaments ought to be held frequently.
OOOOAnd 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.
OOOOAnd 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.
OOOOI, 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.
OOOOI, 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.
OOOOUpon 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.
OOOOII. 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.
OOOOIII. Provided that no charter or
grant or pardon granted before the three and twentieth day of October
in the year of our Lord one thousand six hundred eighty-nine shall be
any ways impeached or invalidated by this Act, but that the same shall
be and remain of the same force and effect in law and no other than as
if this Act had never been made.
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