{"id":"a-db-1792","name":"BILL OF RIGHTS 1688 1 WILL AND MARY SESS 2 C 2","slug":"bill-of-rights-1688-1-will-and-mary-sess-2-c-2","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":234144,"registerId":"act-bill-of-rights-1688-1-will-and-mary-sess-2-c-2-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"BILL OF RIGHTS 1688 1 WILL AND MARY SESS 2 C 2","content":"Australian Capital Territory\nBill of Rights 1688\n1 Will and Mary sess 2 c 2\nRepublication No 1\nRepublication date: 5 July 2002\nAuthorised by the ACT Parliamentary Counsel\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Bill of Rights 1688 1 Will and Mary Sess 2 c 2 as in force on\n5 July 2002. It includes any commencement, repeal or expiry affecting the republished\nlaw and any amendment made under the Legislation Act 2001, part 11.3 (Editorial\nchanges).\nThe legislation history and amendment history of the republished law are set out in\nendnotes 3 and 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see\nthe ACT legislation register at www.legislation.act.gov.au):\n authorised republications to which the Legislation Act 2001 applies\n unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been\nmade by an Act commencing on the republication date (see Legislation Act 2001, s 115\nand s 117). The changes are made if the Parliamentary Counsel considers they are\ndesirable to bring the law into line, or more closely into line, with current legislative\ndrafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced or is affected by an\nuncommenced amendment, the symbol U appears immediately before the provision\nheading. The text of the uncommenced provision or amendment appears only in the last\nendnote.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M\nappears immediately before the provision heading. The text of the modifying provision\nappears in the endnotes. For the legal status of modifications, see Legislation Act 2001,\nsection 95.\nPenalties\nThe value of a penalty unit for an offence against this republished law at the republication\ndate is—\n(a) if the person charged is an individual—$100; or\n(b) if the person charged is a corporation—$500.\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory ory\nBill of Rights 1688\n1 Will and Mary sess 2 c 2\nContents\nPage\n1 Suspending power 5\n2 Late dispensing power 5\n3 Ecclesiastical courts illegal 5\n4 Levying money 5\n5 Right to petition 5\n6 Standing army 5\n7 Subjects’ arms 5\n8 Freedom of election 6\n9 Freedom of speech 6\n10 Excessive bail 6\n11 Juries 6\n12 Grants of forfeiture 6\n13 Frequent Parliaments 6\nI Undoubted rights and liberties 6\n\nContents\nPage\ncontents 2 Bill of Rights 1688 1 Will and Mary sess 2 c 2 R1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nII Tender of crown 7\nIII New oaths of allegiance 7\nIV Acceptance of crown 8\nV Two houses to sit 8\nVI Subjects’ liberties to be allowed 9\nVII William and Mary declared King and Queen 9\nVIII Limitation of crown 11\nIX Papists debarred the crown 11\nX All Kings etc to take the declaration 12\nXI King assent 13\nXII Non obstantes made void 13\nEndnotes\n1 About the endnotes 14\n2 Abbreviation key 14\n3 Legislation history 15\n4 Amendment history 15\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nBill of Rights 1688\n1 Will and Mary sess 2 c 2\nAn Act declaring the rights and liberties of the subject and settling the\nsuccession of the Crown\n\nPreamble\npage 2 Bill of Rights 1688 1 Will and Mary sess 2 c 2 R1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nWhereas the lords spiritual and temporal and commons assembled at\nWestminster lawfully fully and freely representing all the estates of the\npeople of this realm did upon the thirteenth day of February in the year of\nour Lord one thousand six hundred and eighty-eight present unto their\nMajesties then called and known by the names and style of William and\nMary Prince and Princess of Orange being present in their proper persons a\ncertain declaration in writing made by the said lords and commons in the\nwords following:\nWhereas the late King James the Second by the assistance of divers evil\ncouncillors, judges and ministers employed by him did endeavour to\nsubvert and extirpate the Protestant religion and the laws and liberties of\nthis kingdom.\n1 By assuming and exercising a power of dispensing with and\nsuspending of laws and execution of laws without consent of\nParliament.\n2 By committing and prosecuting divers worthy prelates for\nhumbly petitioning to be excused from concurring to the said\nassumed power.\n3 By issuing and causing to be executed a commission under the\ngreat seal for erecting a court called the court of commissioners\nfor ecclesiastical causes.\n4 By levying money for and to the use of the Crown by pretence\nof prerogative for other time and in other manner than the same\nwas granted by Parliament.\n5 By raising and keeping a standing army within this kingdom in\ntime of peace without consent of Parliament and quartering\nsoldiers contrary to law.\n6 By causing several good subjects being protestants to be\ndisarmed at the same time when papists were both armed and\nemployed contrary to law.\n7 By violating the freedom of election of members to serve in\nParliament.\n\nPreamble\nR1 Bill of Rights 1688 1 Will and Mary sess 2 c 2 page 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8 By prosecutions in the Court of King’s Bench for matters and\ncauses cognizable only in Parliament and by divers other\narbitrary and illegal courses.\n9 And whereas of late years partial, corrupt and unqualified\npersons have been returned and served on juries in trials and\nparticularly divers jurors in trials for high treason which were\nnot freeholders.\n10 And excessive bail has been required of persons committed in\ncriminal cases to elude the benefit of the laws made for the\nliberty of the subjects.\n11 And excessive fines have been imposed; and illegal and cruel\npunishments inflicted.\n12 And several grants and promises made of fines and forfeitures\nbefore any conviction or judgment against the persons upon\nwhom the same were to be levied.\nAll which are utterly and directly contrary to the known laws and statutes\nand freedom of this realm:\nAnd whereas the said late King James the Second having abdicated, the\ngovernment and the throne being thereby vacant, his Highness the Prince of\nOrange (whom it has pleased Almighty God to make the glorious\ninstrument of delivering this kingdom from popery and arbitrary power) did\n(by the advice of the lords spiritual and temporal and divers principal\npersons of the commons) cause letters to be written to the lords spiritual\nand temporal being protestants and other letters to the several counties,\ncities, universities, boroughs and cinque ports for the choosing of such\npersons to represent them as were of right to be sent to Parliament to meet\nand sit at Westminster upon the two and twentieth day of January in this\nyear one thousand six hundred and eighty-eight in order to such an\nestablishment as that their religion, laws and liberties might not again be in\ndanger of being subverted, upon which letters, elections having been\naccordingly made:\nAnd thereupon the said lords spiritual and temporal and commons pursuant\nto their respective letters and elections being now assembled in a full and\n\nPreamble\npage 4 Bill of Rights 1688 1 Will and Mary sess 2 c 2 R1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nfree representative of this nation taking into their most serious\nconsideration the best means for attaining the ends aforesaid do in the first\nplace (as their ancestors in like case have usually done) for the vindicating\nand asserting their ancient rights and liberties, declare:\n\nSection 1\nR1 Bill of Rights 1688 1 Will and Mary sess 2 c 2 page 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Suspending power\nThat the pretended power of suspending of laws or the\nexecution of laws by regal authority without consent of\nParliament is illegal.\n2 Late dispensing power\nThat the pretended power of dispensing with laws or the\nexecution of laws by regal authority as it has been assumed and\nexercised of late is illegal.\n3 Ecclesiastical courts illegal\nThat the commission for erecting the late court of\ncommissioners for ecclesiastical causes and all other\ncommissions and courts of like nature are illegal and pernicious.\n4 Levying money\nThat levying money for or to the use of the Crown by pretence\nof prerogative without grant of Parliament for longer time or in\nother manner than the same is or shall be granted is illegal.\n5 Right to petition\nThat it is the right of the subjects to petition the King and all\ncommitments and prosecutions for such petitioning are illegal.\n6 Standing army\nThat the raising or keeping a standing army within the kingdom\nin time of peace unless it be with consent of Parliament is\nagainst law.\n7 Subjects’ arms\nThat the subjects which are protestants may have arms for their\ndefence suitable to their conditions and as allowed by law.\n\nSection 8\npage 6 Bill of Rights 1688 1 Will and Mary sess 2 c 2 R1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8 Freedom of election\nThat election of members of Parliament ought to be free.\n9 Freedom of speech\nThat the freedom of speech and debates or proceedings in\nParliament ought not to be impeached or questioned in any\ncourt or place out of Parliament.\n10 Excessive bail\nThat excessive bail ought not to be required nor excessive fines\nimposed nor cruel and unusual punishments inflicted.\n11 Juries\nThat jurors ought to be duly empannelled and returned.\n12 Grants of forfeiture\nThat all grants and promises of fines and forfeitures of\nparticular persons before conviction are illegal and void.\n13 Frequent Parliaments\nAnd that for redress of all grievances and for the amending,\nstrengthening and preserving of the laws, Parliaments ought to\nbe held frequently.\nI Undoubted rights and liberties\nAnd they do claim, demand and insist upon all and singular the\npremises as their undoubted rights and liberties and that no\ndeclarations, judgments, doings or proceedings to the prejudice\nof the people in any of the said premises ought in any wise to be\ndrawn hereafter into consequence or example.\nTo which demand of their rights they are particularly\nencouraged by the declaration of his Highness the Prince of\n\nSection II\nR1 Bill of Rights 1688 1 Will and Mary sess 2 c 2 page 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nOrange as being the only means for obtaining a full redress and\nremedy therein.\nHaving therefore an entire confidence that his said Highness the\nPrince of Orange will perfect the deliverance so far advanced by\nhim and will still preserve them from the violation of their rights\nwhich they have here asserted and from all other attempts upon\ntheir religion, rights and liberties.\nII Tender of crown\nThe said lords spiritual and temporal and commons assembled\nat Westminister do resolve that William and Mary Prince and\nPrincess of Orange be and be declared King and Queen of\nEngland, France and Ireland and the dominions thereunto\nbelonging to hold the crown and royal dignity of the said\nkingdoms and dominions to them the said prince and princess\nduring their lives and the life of the survivor of them.\nAnd that the sole and full exercise of the regal power be only in\nand executed by the said Prince of Orange in the names of the\nsaid prince and princess during their joint lives and after their\ndeceases the said crown and royal dignity of the said kingdoms\nand dominions to be to the heirs of the body of the said princess\nand for default of such issue to the Princess Anne of Denmark\nand the heirs of her body and for default of such issue to the\nheirs of the body of the said Prince of Orange.\nAnd the lords spiritual and temporal and commons do pray the\nsaid prince and princess to accept the same accordingly.\nIII New oaths of allegiance\nAnd that the oaths hereafter mentioned be taken by all persons\nto whom the oaths of allegiance and supremacy might be\nrequired by law instead of them and that the said oaths of\nallegiance and supremacy be abrogated.\n\nSection IV\npage 8 Bill of Rights 1688 1 Will and Mary sess 2 c 2 R1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nI, A B, do sincerely promise and swear that I will be faithful and\nbear true allegiance to their Majesties King William and Queen\nMary.\nSo help me God.\nI, A B, do swear that I do from my heart abhor, detest and\nabjure as impious and heretical this damnable doctrine and\nposition that princes excommunicated or deprived by the Pope\nor any authority of the see of Rome may be deposed or\nmurdered by their subjects or any other whatsoever.\nAnd I do declare that no foreign prince, person, prelate, state or\npotentate has or ought to have any jurisdiction, power,\nsuperiority, pre-eminence or authority, ecclesiastical or spiritual,\nwithin this realm.\nSo help me God.\nIV Acceptance of crown\nUpon which their said Majesties did accept the crown and royal\ndignities of the kingdoms of England, France and Ireland and\nthe dominions thereunto belonging according to the resolution\nand desire of the said lords and commons contained in the said\ndeclaration.\nV Two houses to sit\nAnd thereupon their Majesties were pleased that the said lords\nspiritual and temporal and commons being the two Houses of\nParliament should continue to sit and with their Majesties’ royal\nconcurrence make effectual provision for the settlement of the\nreligion, laws and liberties of this kingdom so that the same for\nthe future might not be in danger again of being subverted, to\nwhich the said lords spiritual and temporal and commons did\nagree and proceed to act accordingly.\n\nSection VI\nR1 Bill of Rights 1688 1 Will and Mary sess 2 c 2 page 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nVI Subjects’ liberties to be allowed\nNow in pursuance of the premises the said lords spiritual and\ntemporal and commons in Parliament assembled for the\nratifying, confirming and establishing the said declaration and\nthe articles, clauses, matters and things therein contained by the\nforce of a law made in due form by authority of Parliament do\npray that it may be declared and enacted that all and singular the\nrights and liberties asserted and claimed in the said declaration\nare the true, ancient and indubitable rights and liberties of the\npeople of this kingdom and so shall be esteemed, allowed,\nadjudged, deemed and taken to be and that all and every the\nparticulars aforesaid shall be firmly and strictly holden and\nobserved as they are expressed in the said declaration.\nAnd all officers and ministers whatsoever shall serve their\nMajesties and their successors according to the same in all times\nto come.\nVII William and Mary declared King and Queen\nAnd the said lords spiritual and temporal and commons\nseriously considering how it hath pleased Almighty God in his\nmarvellous providence and merciful goodness to this nation to\nprovide and preserve their said Majesties’ royal persons most\nhappily to reign over us upon the throne of their ancestors for\nwhich they render unto him from the bottom of their hearts their\nhumblest thanks and praises do truly, firmly, assuredly and in\nthe sincerity of their hearts think and do hereby recognise,\nacknowledge and declare that King James the Second having\nabdicated the government and their Majesties having accepted\nthe crown and royal dignity as aforesaid their said Majesties did\nbecome, were, are and of right ought to be by the laws of this\nrealm our sovereign liege lord and lady King and Queen of\nEngland, France and Ireland and the dominions thereunto\nbelonging in and to whose princely persons the royal state\ncrown and dignity of the said realms with all honours, styles,\ntitles, regularities, prerogatives, powers, jurisdictions and\n\nSection VIII\npage 10 Bill of Rights 1688 1 Will and Mary sess 2 c 2 R1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nauthorities to the same belonging and appertaining are most\nfully and rightfully and entirely invested and incorporated,\nunited and annexed.\n\nSection VIII\nR1 Bill of Rights 1688 1 Will and Mary sess 2 c 2 page 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nVIII Limitation of crown\nAnd for preventing all questions and divisions in this realm by\nreason of any pretended titles to the crown and for preserving a\ncertainty in the succession thereof in and upon which the unity,\npeace, tranquillity and safety of this nation doth under God\nwholly consist and depend the said lords spiritual and temporal\nand commons do beseech their Majesties that it may be enacted,\nestablished and declared that the crown and regal government of\nthe said kingdoms and dominions with all and singular the\npremises thereunto belonging and appertaining shall be and\ncontinue to their said Majesties and the survivor of them during\ntheir lives and the life of the survivor of them and that the\nentire, perfect and full exercise of the regal power and\ngovernment be only in and executed by his Majesty in the\nnames of both their Majesties during their joint lives and after\ntheir deceases the said crown and premises shall be and remain\nto the heirs of the body of her Majesty and for default of such\nissue to her royal Highness the Princess Anne of Denmark and\nthe heirs of her body and for default of such issue to the heirs of\nthe body of his said Majesty.\nAnd thereunto the said lords spiritual and temporal and\ncommons do in the name of all the people aforesaid most\nhumbly and faithfully submit themselves, their heirs and\nposterities for ever and do faithfully promise that they will stand\nto maintain and defend their said Majesties and also the\nlimitation and succession of the crown herein specified and\ncontained to the utmost of their powers with their lives and\nestates against all persons whatsoever that shall attempt any\nthing to the contrary.\nIX Papists debarred the crown\nAnd whereas it has been found by experience that it is\ninconsistent with the safety and welfare of this protestant\nkingdom to be governed by a popish prince or by any King or\nQueen marrying a papist the said lords spiritual and temporal\n\nSection X\npage 12 Bill of Rights 1688 1 Will and Mary sess 2 c 2 R1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nand commons do further pray that it may be enacted that all and\nevery person and persons that is, are or shall be reconciled to or\nshall hold communion with the see or church of Rome and shall\nprofess the popish religion or shall marry a papist shall be\nexcluded and be for ever incapable to inherit, possess or enjoy\nthe crown and government of this realm and Ireland and the\ndominions thereunto belonging or any part of the same or to\nhave, use or exercise any regal power, authority or jurisdiction\nwithin the same.\nAnd in all and every such case or cases the people of these\nrealms shall be and are hereby absolved of their allegiance and\nthe said crown and government shall from time to time descend\nto and be enjoyed by such person or persons being protestants as\nshould have inherited and enjoyed the same in case the said\nperson or persons so reconciled, holding communion or\nprofessing or marrying as aforesaid were naturally dead.\nX All Kings etc to take the declaration\nAnd that every King and Queen of this realm who at any time\nhereafter shall come to and succeed in the imperial crown of this\nkingdom shall on the first day of the meeting of the first\nParliament next after his or her coming to the crown sitting in\nhis or her throne in the House of Peers in the presence of the\nlords and commons therein assembled or at his or her\ncoronation before such person or persons who shall administer\nthe coronation oath to him or her at the time of his or her taking\nthe said oath (which shall first happen) make, subscribe and\naudibly repeat the declaration required by law.\nBut if it shall happen that such King or Queen upon his or her\nsuccession to the crown of this realm shall be under the age of\ntwelve years then every such King or Queen shall make,\nsubscribe and audibly repeat the said declaration at his or her\ncoronation or the first day of the meeting of the first Parliament\nas aforesaid which shall first happen after such King or Queen\nshall have attained the said age of twelve years.\n\nSection XI\nR1 Bill of Rights 1688 1 Will and Mary sess 2 c 2 page 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nXI King assent\nAll which their Majesties are contented and pleased shall be\ndeclared, enacted and established by authority of this present\nParliament and shall stand, remain and be the law of this realm\nfor ever.\nAnd the same are by their said Majesties by and with the advice\nand consent of the lords spiritual and temporal and commons in\nParliament assembled and by the authority of the same declared,\nenacted and established accordingly.\nXII Non obstantes made void\nNo dispensation by non obstante of or to any statute or any part\nthereof shall be allowed but the same shall be held void and of\nno effect except a dispensation be allowed of in such statute.\n\nEndnotes\n1 About the endnotes\npage 14 Bill of Rights 1688 1 Will and Mary sess 2 c 2 R1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and\nthe amendment history. Current modifications are not included in the\nrepublished law but are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3\nare annotated in the amendment history. Full details of any amendments can\nbe obtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws and expiries are listed in the legislation\nhistory and the amendment history. These details are underlined.\nUncommenced provisions and amendments are not included in the\nrepublished law but are set out in the last endnote.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\nIf the republished law includes penalties, current information about penalty\nunit values appears on the republication inside front cover.\n2 Abbreviation key\nam = amended ord = ordinance\namdt = amendment orig = original\nch = chapter p = page\ncl = clause par = paragraph\ndef = definition pres = present\ndict = dictionary prev = previous\ndisallowed = disallowed by the Legislative (prev...) = previously\nAssembly prov = provision\ndiv = division pt = part\nexp = expires/expired r = rule/subrule\nGaz = Gazette reg = regulation/subregulation\nhdg = heading renum = renumbered\nIA = Interpretation Act 1967 reloc = relocated\nins = inserted/added R[X] = Republication No\nLA = Legislation Act 2001 s = section/subsection\nLR = legislation register sch = schedule\nLRA = Legislation (Republication) Act 1996 sdiv = subdivision\nmod = modified / modification sub = substituted\nNo = number SL = Subordinate Law\nnum = numbered underlining = whole or part not commenced\no = order or to be expired\nom = omitted/repealed\n\nEndnotes\nLegislation history 3\nR1 Bill of Rights 1688 1 Will and Mary sess 2 c 2 page 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis Act was originally a UK Act—The Bill of Rights 1688 1 Will and Mary\nsess 2 c 2 (UK). The Act was renamed as the Bill of Rights 1688 when it was\nfirst republished under the Legislation Act 2001.\nThe Act was in force in NSW immediately before 1 January 1911 (the date\nof establishment of the ACT) and was continued in force by the Seat of\nGovernment Acceptance Act 1909 (Cwlth), s 6.\nUnder the Seat of Government (Administration) Act 1910 (Cwlth), s 4 the\nAct had effect in the ACT as if it were an ACT law (subject to ordinances\nmade under the Seat of Government (Administration) Act 1910).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth),\ns 34 (4) converted most former UK laws in force in the ACT into ACT\nenactments. This allowed the ACT Legislative Assembly to amend and\nrepeal the laws. This Act was converted into an ACT enactment on 11 May\n1989 (self-government day).\nUnder the Interpretation Act 1967 (repealed), s 65 all former UK Acts in\nforce in the ACT immediately before 10 November 1999 (including this Act)\nbecame, for all purposes, laws made by the ACT Legislative Assembly. This\ncompleted the process of making former UK Acts fully into ACT laws.\nBill of Rights 1688 1 Will and Mary sess 2 c 2\nas amended by\nImperial Acts Application Act 1986 A1986-93 s 5 and sch 3 pt 11\nnotified 12 January 1987 (Cwlth Gaz 1986 No S1)\ns 5 and sch 3 pt 11 commenced 12 January 1987 ( s 2 (1))\n4 Amendment history\nThe Imperial Acts Application Act 1986 (the 1986 Act), sch 3, pt 11 set out\nthe text of this Act in an amended form and provided for the amended form\nto apply as the text of the Act in force in the ACT (see 1986 Act, s 5 (1), (4)\nand (5)).\nThe division of this Act into numbered paragraphs is in accordance with the\ntext in Statutes at Large.\nSection 11 was impliedly amended by 9 Geo 4 c 50, section 62 which\nrepealed the parts of section 11 declaring that jurors who pass on men in\ntrials for high treason ought to be freeholders. The text of section 11 was\namended accordingly by the 1986 Act.\n\nEndnotes\n4 Amendment history\npage 16 Bill of Rights 1688 1 Will and Mary sess 2 c 2 R1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSection X required the declaration mentioned in it be taken in accordance\nwith 30 Chas 2 St 2 c 1. That Act was repealed in the UK by 29 and 30 Vic\nc 19. The declaration to be taken by the Sovereign is now prescribed by the\nAccession Declaration Act 1910 (UK). Section X was amended by the 1986\nAct to reflect these changes in the law of the United Kingdom.\nThe parts of section XII whose operation was exhausted before 25 July 1828\nwere omitted by the 1986 Act.\nSection XIII was omitted by the 1986 Act because its operation was\nexhausted before 25 July 1828.\nThis Act has not been amended since the enactment of the 1986 Act, except\nunder the Legislation Act 2001.\nName of Act\nam R1 LA\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at\nwww.legislation.act.gov.au\n© Australian Capital Territory 2002","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[{"type":"retroactive_impossibility","section":"Section X","severity":"high","reasoning":"Section X postpones the declaration until coronation or the first day of the first Parliament, whichever first happens after age 12. If both specified events already occurred before age 12, neither can later first happen after age 12, leaving no operative trigger for the mandatory declaration.","confidence":0.98,"description":"The under-12 exception can make compliance impossible if both coronation and the first day of the first Parliament after accession occur before the sovereign turns 12.","source_quotes":["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 said 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."]}],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope has been altered from its original UK constitutional setting by statutory conversion and editorial amendments: endnotes 3–4 record that it was incorporated into local law, amended under the Imperial Acts Application Act 1986, and further adjusted under modern republication rules (Legislation Act 2001). Certain historical provisions were omitted as 'exhausted' and section X was adapted to reflect later Accession Declaration legislation. Those changes shift how and where the provisions operate and which clauses remain operative."},"complexity_factors":["Constitutional scope and separation of powers (sections 1–6, VIII): limits on royal prerogative and requirements that Parliament authorize levies, standing armies and law suspension—creates enduring executive-legislative interaction.","Succession and religious qualifications (sections II, VIII–X): detailed rules on inheritance of the crown and explicit exclusion of persons holding communion with Rome; this imposes status-based disqualifications affecting individuals' legal capacity to inherit.","Oaths and declarations (section III, X): affirmative obligations on officeholders and sovereigns to make and subscribe declarations—creates compliance duties and formal triggers for legal recognition.","Rights declarations versus enforcement detail (sections 5, 8–13, I): rights are asserted (petitioning, free elections, parliamentary privilege, bail/fines/punishments, jury selection) but the Act mostly declares principles rather than specifying modern enforcement mechanisms, leaving implementation to Parliament and courts.","Historical amendments, omissions and cross‑reference complexity (endnotes 3–4): the Act has been converted from a UK statute, amended by later Acts (eg. Imperial Acts Application Act 1986), and parts omitted or updated (eg. references to repealed statutes and the Accession Declaration Act 1910), complicating interpretation and applicability.","Archaic drafting and contested terminology (preamble and multiple sections): 17th‑century language and terms like 'papists' and 'subjects' require statutory interpretation in modern contexts, raising legal uncertainty about scope and discrimination implications.","Administrative and compliance detail at republication (front matter): the republication sets penalty unit values for offences under the republished law, which creates practical enforcement and cost parameters for prosecutions."],"plain_english_summary":"This Act declares limits on regal power (no suspending or dispensing with laws, no standing army in peacetime without Parliament) and affirms parliamentary supremacy over taxation, elections and legal procedure. It lists civil protections (free speech in Parliament, no excessive bail/fines/cruel punishments, jury standards), prescribes oaths and succession arrangements, and excludes Roman Catholics from the crown. It directly affects the sovereign, Parliament, officeholders required to take oaths, and subjects whose rights or succession are defined, by converting assertions into legal obligations."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation has not grown beyond its original purpose. It remains a historical constitutional document declaring rights and settling the royal succession. While it has been technically 'republished' as ACT legislation, this is a mechanical process of adoption rather than expansion of scope. The 1986 amendments actually narrowed the text by removing exhausted provisions (Section XIII) and updating references to reflect UK law changes, rather than expanding it."},"complexity_factors":["Archaic 17th-century language and syntax throughout (e.g., 'divers evil councillors', 'non obstantes', 'papists')","Complex succession provisions with multiple conditional heirs (William and Mary → Mary's heirs → Princess Anne → William's heirs)","Historical references requiring external context (e.g., Court of King's Bench, Court of Commissioners for Ecclesiastical Causes, 'non obstante' dispensations)","Dual nature as both a declaration of rights AND a settlement of the crown creating intertwined purposes","Religious tests and oaths that are historically specific but now largely symbolic","Cross-references to other historical UK statutes (e.g., Accession Declaration Act 1910) noted in endnotes","Multiple numbering systems (original sections, Roman numerals for substantive parts, modern editorial numbering)"],"plain_english_summary":"This is the **Bill of Rights 1688**, one of the most important constitutional documents in English (and by extension, Australian) history. Originally passed by the English Parliament in 1689, it was later adopted into Australian Capital Territory (ACT) law and remains in force there today.\n\n**What it does:**\nThe Bill of Rights was created to prevent the abuses of power committed by King James II. It establishes fundamental limits on royal authority and protects basic civil liberties. Key provisions include:\n\n- **Parliamentary supremacy**: The King or Queen cannot suspend laws, dispense with (ignore) laws, or raise taxes without Parliament's consent\n- **Free elections**: Members of Parliament must be elected freely, without royal interference\n- **Free speech in Parliament**: Debates and proceedings in Parliament cannot be challenged in courts\n- **Right to petition**: People have the right to petition (formally request action from) the monarch without fear of prosecution\n- **No standing armies**: The monarch cannot keep a standing army in peacetime without Parliament's approval\n- **Protestants may bear arms**: Protestant subjects may possess weapons for self-defence as allowed by law\n- **Fair trials**: Excessive bail cannot be required, cruel and unusual punishments are banned, and juries must be properly selected\n- **No arbitrary fines**: The monarch cannot impose fines or seize property before someone is convicted of a crime\n\n**Succession rules:**\nThe Act also settles who can inherit the throne, declaring William and Mary as joint monarchs, and establishes that:\n- Catholics (\"papists\") cannot become monarch or marry the monarch\n- Every new monarch must swear an oath rejecting Catholic authority and upholding Protestant succession\n\n**Who it affects:**\nWhile originally about the English monarchy, as ACT law it now forms part of the constitutional framework for the Territory. It symbolically affirms principles like parliamentary sovereignty and the rule of law that underpin modern Australian democracy.\n\n**Why it matters:**\nThis document represents the triumph of Parliament over absolute monarchy. It influenced the US Bill of Rights and remains a foundational statement of individual liberties against government overreach. In the ACT, it serves as a historical touchstone for human rights and constitutional government."}},"importantCases":[],"_links":{"self":"/api/acts/bill-of-rights-1688-1-will-and-mary-sess-2-c-2","history":"/api/acts/bill-of-rights-1688-1-will-and-mary-sess-2-c-2/history","analysis":"/api/acts/bill-of-rights-1688-1-will-and-mary-sess-2-c-2/analysis","conflicts":"/api/acts/bill-of-rights-1688-1-will-and-mary-sess-2-c-2/conflicts","importantCases":"/api/acts/bill-of-rights-1688-1-will-and-mary-sess-2-c-2/important-cases","documents":"/api/acts/bill-of-rights-1688-1-will-and-mary-sess-2-c-2/documents"}}