9. That the freedome of speech, and debates or proceedings in Parlyament, ought not to be impeached or questioned in any court or place out of Parlyament. 10. That excessive baile ought not to be required nor excessive fines imposed; nor cruell and unusuall punishment inflicted. 11. That jurors ought to be duely impannelled and returned, and jurors which passe upon men in trialls for high treason ought to be freeholders. 12. That all grants and promises of fines and forfeitures of particular persons before conviction, are illegall and void. 13. And that for redresse of all grievances, and for the amending, strengthening, and preserveing of the lawes, Parlyament ought to be held frequently. And they doe claime, demand, and insist upon all and singular the premisses, as their undoubted rights and liberties; and that noe declarations, judgments, doeings, or proceedings, to the prejudice. of the people in any of the said premisses, ought in anywise to be drawne hereafter into consequence or example. To which demand of their rights they are particularly encouraged by the declaration of his Highnesse the Prince of Orange, as being the onely means for obtaining a full redresse and remedy therein. Haveing therefore an intire confidence that his said Highnesse the Prince of Orange will perfect the deliverance soe farr 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 Crown limitations mentioned II. The said Lords Spirituall and Temporall, and Commons, Bestowal of assembled at Westminster, doe resolve, that William and Mary, on William Prince and Princesse of Orange, be, and be declared, King and and Mary, Queene of England, France and Ireland, and the dominions there- according to unto belonging, to hold the Crowne and royall dignity of the said kingdomes and dominions to them the said Prince and Princesse dureing their lives, and the life of the survivor of them; and that the sole and full exercise of the regall power be onely in, and executed by the said Prince of Orange, in the names of the said Prince and Princesse, dureing their joynt lives; and after their deceases, the said Crowne and royall dignitie of the said kingdomes and dominions, to be to the heires of the body of the said Princesse ; and for default of such issue to the Princesse Anne of Denmarke, and the heires of her body; and for default of such issue to the heires of the body of the said Prince of Orange. And the Lords Spirituall and Temporal and Commons, do pray the said Prince and Princesse to accept the same accordingly. III. And that the oathes hereafter mentioned be taken by all persons of whome the oathes of allegiance and supremacy might be required by law, instead of them; and that the said oathes of allegiance and supremacy be abrogated. New oaths in lieu of the old oaths of allegiance and supre I, A. B., doe sincerely promise and sweare, That I will be faithfull macy. and beare true allegiance to their Majestyes King William and Queene Allegiance. Mary: Soe helpe me God. Supremacy. Acceptance of the Crown by William and Mary. Agreement between their Majesties and the Convention that the latter, being the two Houses of Parliament, should continue to sit. Formal ratification and confirmation of Declaration of Right. Recognition Ireland, and minions thereunto belonging I. A. B., doe sweare, That I doe from my heart abhorr, detest, and abjure as impious and hereticall, 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 doe declare, That noe forreigne prince, person, prelate, state, or potentate hath, or ought to have, any jurisdiction, power, superiority, pre-eminence, or authoritie, ecclesiasticall or spirituall, within this realme : Soe helpe me God. IV. Upon which their said Majestyes did accept the Crowne and royall dignitie 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. V. And thereupon their Majestyes were pleased, that the said Lords Spirituall and Temporall, and Commons, being the two Houses of Parlyament, should continue to sitt, and with their Majestyes royall concurrence make effectual provision for the settlement of the religion, lawes, and liberties of this kingdome, soe that the same for the future might not be in danger againe of being subverted; to which the said Lords Spirituall and Temporall, and Commons, did agree and proceede to act accordingly. VI. Now in pursuance of the premisses, the said Lords Spirituall and Temporall, and Commons, in Parlyament 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 forme by authority of Parlyament, doe 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, auntient, and indubitable rights and liberties of the people of this kingdome, and soe 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 Majestyes and their successors according to the same in all times to come. VII. And the said Lords Spirituall and Temporall, and Commons, seriously considering how it hath pleased Almighty God, in his marvellous providence, and mercifull goodness to this nation, to provide and preserve their said Majestyes' royall persons most happily to raigne over us upon the throne of their auncestors, for which they render unto Him from the bottome of their hearts their humblest thanks and praises, doe truly, firmely, assuredly, and in the sincerity of their hearts, thinke, and doe hereby recognize, acknowledge, and declare, that King James the Second haveing abdicated the government, and their Majestyes haveing accepted the Crowne and royall dignity aforesaid, their said Majestyes did become, were, are, and of right ought to be, by the lawes of this realme, our soveraigne liege Lord and Lady, King and Queene of England, France and Ireland, and the dominions thereunto belonging, in and to whose princely persons the Royall State, Crowne, and dignity of the same realmes, with all honours, stiles, titles, regalities, prerogatives, powers, jurisdictions and authorities to the same belonging and appertaining, are most fully, rightfully, and intirely invested and incorporated, united, and annexed. and limita VIII. And for preventing all questions and divisions in this realme, Settlement by reason of any pretended titles to the Crowne, and for preserving a of the Crown certainty in the succession thereof, in and upon which the unity, tions of the peace, tranquillity, and safety of this nation doth, under God, wholly succession. consist and depend, the said Lords Spirituall and Temporall, and Commons, doe beseech their Majestyes that it may be enacted, established, and declared, that the Crowne, and regall government of the said kingdoms and dominions, with all and singular the premisses thereunto belonging and appertaining, shall bee and continue to their said Majestyes, 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 regall power and government be onely in, and executed by, his Majestie, in the names of both their Majestyes dureing their joynt lives; and after their deceases the said Crowne and premisses shall be and remaine to the heires of the body of her Majestie; and for default of such issue, to her Royall Highnesse the Princesse Anne of Denmarke, and the heires of her body; and for default of such issue, to the heires of the body of his said Majestie : and thereunto the said Lords Spirituall and Temporall, and Commons, doe, in the name of all the people aforesaid, most humbly and faithfully submitt themselves, their heires and posterities, for ever: and doe faithfully promise, That they will stand to, maintaine, and defend their said Majestyes, and alsoe the limitation and succession of the Crowne 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. succession of IX. And whereas it hath been found by experience, that it is inconsistent with the safety and welfare of this Protestant kingdome, to be Exclusion governed by a Popish Prince, or by any King or Queene marrying a from the Papist, the said Lords Spirituall and Temporall, and Commons, doe Papists and further pray that it may be enacted, That all and every person and of persons persons that is, are, or shall be reconciled to, or shall hold communion marrying Papists. 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 uncapeable to inherit, possesse, or enjoy the Crowne and government of this realme and Ireland, and the dominions thereunto belonging, or any part of the same, or to have, use, or to exercise any regall power authoritie, or jurisdiction within the same; and in all and every such case or cases the people of these realmes shall be and are hereby absolved of their allegiance, and the said Crowne 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 soe reconciled, holding communion, or professing or marrying as aforesaid, were naturally dead.1 1 This provision, although not included in the Declaration of Right, was Declaration to be made by every king or queen hereafter succeeding to the Crown. Enacting clause. Dispensing bower abolished. Exception in favour of charters, grants, and bardons, made before Oct. 23, 1689. X. And that every King and Queene of this realme, who at any time hereafter shall come to and succeede in the Imperiall Crowne of this kingdome, shall, on the first day of the meeting of the first Parlyament, next after his or her comeing to the Crowne, 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 takeing the said oath (which shall first happen), make, subscribe, and audibly repeate the declaration mentioned in the statute made in the thirtyeth yeare of the raigne of King Charles the Second, entituled "An Act for the more effectuall preserveing the King's person and government, by disableing Papists from sitting in either House of Parlyament." But if it shall happen, that such King or Queene, upon his or her succession to the Crowne of this realme, shall be under the age of twelve years, then every such King or Queene shall make, subscribe, and audibly repeate the said declaration at his or her coronation, on the first day of meeting of the first Parlyament as aforesaid, which shall first happen after such King or Queene shall have attained the said age of twelve years.1 XI. All which their Majestyes are contented and pleased shall be declared, enacted, and established by authoritie of this present Parlyament, and shall stand, remaine, and be the law of this realme for ever; and the same are by their said Majestyes, by and with the advice and consent of the Lords Spirituall and Temporall, and Commons, in Parlyament assembled, and by the authoritie of the same, declared, enacted, and established accordingly. XII. And bee it further declared and enacted by the authoritie aforesaid, That from and after this present session of Parlyament, noe 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 noe 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 dureing this present session of Parlyament. XIII. Provided that noe charter, or grant or pardon granted before the three-and-twentyeth day of October, in the yeare 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 remaine of the same force and effect in law, and noe other, then as if this Act had never been made. (Statutes of the Realm, vi. 142–145.) in accordance with the previous Resolution of the Convention, that it was contrary to the interests of the Kingdom to be governed by a Papist. 1 This clause supplements the preceding by enacting that every English sovereign shall, as a test of non-popery, repeat and subscribe, in full Parliament or at the coronation, the Declaration against Transubstantiation, Adoration of the Virgin, and the Sacrifice of the Mass, contained in the Parliamentary Test Act of the 30th Car. II. st. 2, c. 1.—See supra, p. 494. CHAPTER XVI. PROGRESS OF THE CONSTITUTION SINCE THE REVOLUTION. THE ACT OF SETTLEMENT: THE CABINET SYSTEM. Constitu THE Revolution of 1688 marks at once a resting-place and a fresh The Legal point of departure in the history of the English Constitution. Code of the The Bill of Rights was a summing up, as it were, and final estab- tion. lishment of the Legal bases of the Constitution. With Magna Charta and the Petition of Right it forms the Legal Constitutional Code to which no additions of equal importance (except the Constitutional provisions of the Act of Settlement to be presently noticed) have since been made by Legislative enactment. Political progress has indeed, from time to time, left its mark on the statute-book, in laws the importance of which can hardly be exaggerated. But even the greatest of these enactments— the Reform Act of 1832, supplemented by the Act of 1867have been of the nature of amendments to the machinery of the Constitution, supplying defects and correcting abuses, rather than alterations in the great Constitutional principles finally established by the Revolution. the un Constitu tion. As might however be expected in a living organism, the Con- Growth of stitution has not remained stationary during a period of nearly written or two centuries. But its greatest changes have not been brought customary about by Legislative enactments. Whilst the Legal code has remained substantially unaltered, there has grown up by its side a purely unwritten and Conventional code,1 which, firmly established as a part of the Constitution though still unknown to the Law, has so completely modified the practical working of the Legal code, as to form a present Constitution which would be scarcely recognisable, except in its fundamental principles, by the authors of the Bill of Rights. The doctrines of Divine Hereditary right, of Absolute Royal power, of the Passive Obedience of the subject, were negatived once and for ever by the Revolution, and the rule of Parliament was definitely established; but the mode of exercising that rule has since become something wholly different from what it then was, and in its present form of parliamentary government through a Cabinet 1 See Freeman, Growth of Eng. Const., p. 112. |