The American Bill of Rights was influenced by the English Bill of Rights of 1689. The English Bill of Rights of 1689 guaranteed the rights of the citizens of England from encroachment by the King.
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.:
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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.
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