Constitutional History of England, Henry VII to George II. Volume 3 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 3 of 3
Hallam, Henry
Constitutional history -- Great Britain
The Lords and Commons in this instrument declare: That the pretended
power of suspending laws, and the execution of laws, by regal
authority without consent of parliament, is illegal; That the
pretended power of dispensing with laws by regal authority, as it hath
been assumed and exercised of late, is illegal; That the commission
for creating the late court of commissioners for ecclesiastical
causes, and all other commissions and courts of the like nature, are
illegal and pernicious; That levying of money for or to the use of the
Crown, by pretence of prerogative without grant of parliament, for
longer time or in any 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 that all commitments or prosecutions for such petitions
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
illegal; That the subjects which are protestants may have arms for
their defence suitable to their condition, and as allowed by law; That
elections of members of parliament ought to be free; That the freedom
of speech or 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 juries ought to be
duly impanelled and returned, and that jurors which pass upon men in
trials of 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.[153]
_Bill of rights._--This declaration was, some months afterwards,
confirmed by a regular act of the legislature in the bill of rights,
which establishes at the same time the limitation of the Crown
according to the vote of both houses, and adds the important
provision; That all persons who shall hold communion with the church
of Rome, or shall marry a papist, shall be excluded, and for ever
incapable to possess, inherit, or enjoy the Crown and government of
this realm; and in all such cases, the people of these realms shall be
absolved from their allegiance, and the Crown shall descend to the
next heir. This was as near an approach to a generalisation of the
principle of resistance as could be admitted with any security for
public order.
Public-domain text, read in full here on John Shaqi.
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