Australian Capital Territory
Bill of Rights 1688
1 Will and Mary sess 2 c 2
Republication No 1
Republication date: 5 July 2002
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About this republication
The republished law
This is a republication of the Bill of Rights 1688 1 Will and Mary Sess 2 c 2 as in force on
5 July 2002. It includes any commencement, repeal or expiry affecting the republished
law and any amendment made under the Legislation Act 2001, part 11.3 (Editorial
changes).
The legislation history and amendment history of the republished law are set out in
endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see
the ACT legislation register at www.legislation.act.gov.au):
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been
made by an Act commencing on the republication date (see Legislation Act 2001, s 115
and s 117). The changes are made if the Parliamentary Counsel considers they are
desirable to bring the law into line, or more closely into line, with current legislative
drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an
uncommenced amendment, the symbol U appears immediately before the provision
heading. The text of the uncommenced provision or amendment appears only in the last
endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M
appears immediately before the provision heading. The text of the modifying provision
appears in the endnotes. For the legal status of modifications, see Legislation Act 2001,
section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication
date is—
(a) if the person charged is an individual—$100; or
(b) if the person charged is a corporation—$500.
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Australian Capital Territory ory
Bill of Rights 1688
1 Will and Mary sess 2 c 2
Contents
Page
1 Suspending power 5
2 Late dispensing power 5
3 Ecclesiastical courts illegal 5
4 Levying money 5
5 Right to petition 5
6 Standing army 5
7 Subjects’ arms 5
8 Freedom of election 6
9 Freedom of speech 6
10 Excessive bail 6
11 Juries 6
12 Grants of forfeiture 6
13 Frequent Parliaments 6
I Undoubted rights and liberties 6
Section 1 - BILL OF RIGHTS 1688 1 WILL AND MARY SESS 2 C 2 - BILL OF RIGHTS 1688 1 WILL AND MARY SESS 2 C 2 | Zoe
Contents
Page
contents 2 Bill of Rights 1688 1 Will and Mary sess 2 c 2 R1
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II Tender of crown 7
III New oaths of allegiance 7
IV Acceptance of crown 8
V Two houses to sit 8
VI Subjects’ liberties to be allowed 9
VII William and Mary declared King and Queen 9
VIII Limitation of crown 11
IX Papists debarred the crown 11
X All Kings etc to take the declaration 12
XI King assent 13
XII Non obstantes made void 13
Endnotes
1 About the endnotes 14
2 Abbreviation key 14
3 Legislation history 15
4 Amendment history 15
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Australian Capital Territory
Bill of Rights 1688
1 Will and Mary sess 2 c 2
An Act declaring the rights and liberties of the subject and settling the
succession of the Crown
Preamble
page 2 Bill of Rights 1688 1 Will and Mary sess 2 c 2 R1
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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 and eighty-eight 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:
Whereas the late King James the Second by the assistance of divers evil
councillors, judges and ministers employed by him did endeavour to
subvert and extirpate the Protestant religion and the laws and liberties of
this kingdom.
1 By assuming and exercising a power of dispensing with and
suspending of laws and execution of laws without consent of
Parliament.
2 By committing and prosecuting divers worthy prelates for
humbly petitioning to be excused from concurring to the said
assumed power.
3 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.
4 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.
5 By raising and keeping a standing army within this kingdom in
time of peace without consent of Parliament and quartering
soldiers contrary to law.
6 By causing several good subjects being protestants to be
disarmed at the same time when papists were both armed and
employed contrary to law.
7 By violating the freedom of election of members to serve in
Parliament.
Preamble
R1 Bill of Rights 1688 1 Will and Mary sess 2 c 2 page 3
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8 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.
9 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.
10 And excessive bail has been required of persons committed in
criminal cases to elude the benefit of the laws made for the
liberty of the subjects.
11 And excessive fines have been imposed; and illegal and cruel
punishments inflicted.
12 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 has 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 and eighty-eight 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
Preamble
page 4 Bill of Rights 1688 1 Will and Mary sess 2 c 2 R1
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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:
Section 1
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1 Suspending power
That the pretended power of suspending of laws or the
execution of laws by regal authority without consent of
Parliament is illegal.
2 Late dispensing power
That the pretended power of dispensing with laws or the
execution of laws by regal authority as it has been assumed and
exercised of late is illegal.
3 Ecclesiastical courts 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.
4 Levying money
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.
5 Right to petition
That it is the right of the subjects to petition the King and all
commitments and prosecutions for such petitioning are illegal.
6 Standing army
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.
7 Subjects’ arms
That the subjects which are protestants may have arms for their
defence suitable to their conditions and as allowed by law.
Section 8
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8 Freedom of election
That election of members of Parliament ought to be free.
9 Freedom of speech
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.
10 Excessive bail
That excessive bail ought not to be required nor excessive fines
imposed nor cruel and unusual punishments inflicted.
11 Juries
That jurors ought to be duly empannelled and returned.
12 Grants of forfeiture
That all grants and promises of fines and forfeitures of
particular persons before conviction are illegal and void.
13 Frequent Parliaments
And that for redress of all grievances and for the amending,
strengthening and preserving of the laws, Parliaments ought to
be held frequently.
I Undoubted rights and liberties
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
Section II
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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.
II Tender of crown
The said lords spiritual and temporal and commons assembled
at Westminister 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 of 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 said 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.
III New oaths of allegiance
And that the oaths hereafter mentioned be taken by all persons
to whom the oaths of allegiance and supremacy might be
required by law instead of them and that the said oaths of
allegiance and supremacy be abrogated.
Section IV
page 8 Bill of Rights 1688 1 Will and Mary sess 2 c 2 R1
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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 has or ought to have any jurisdiction, power,
superiority, pre-eminence or authority, ecclesiastical or spiritual,
within this realm.
So help me God.
IV Acceptance of crown
Upon which their said Majesties did accept the crown and royal
dignities 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 Two houses to sit
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.
Section VI
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VI Subjects’ liberties to be allowed
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 a 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 times
to come.
VII William and Mary declared King and Queen
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 recognise,
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, regularities, prerogatives, powers, jurisdictions and
Section VIII
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authorities to the same belonging and appertaining are most
fully and rightfully and entirely invested and incorporated,
united and annexed.
Section VIII
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VIII Limitation of crown
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, tranquillity 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 her body and for default of such issue to 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 any
thing to the contrary.
IX Papists debarred the crown
And whereas it has 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
Section X
page 12 Bill of Rights 1688 1 Will and Mary sess 2 c 2 R1
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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 and 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.
X All Kings etc to take the declaration
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 required by law.
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.
Section XI
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XI King assent
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.
XII Non obstantes made void
No dispensation by non obstante of or to any statute or any part
thereof shall be allowed but the same shall be held void and of
no effect except a dispensation be allowed of in such statute.
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and
the amendment history. Current modifications are not included in the
republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3
are annotated in the amendment history. Full details of any amendments can
be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation
history and the amendment history. These details are underlined.
Uncommenced provisions and amendments are not included in the
republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty
unit values appears on the republication inside front cover.
2 Abbreviation key
am = amended ord = ordinance
amdt = amendment orig = original
ch = chapter p = page
cl = clause par = paragraph
def = definition pres = present
dict = dictionary prev = previous
disallowed = disallowed by the Legislative (prev...) = previously
Assembly prov = provision
div = division pt = part
exp = expires/expired r = rule/subrule
Gaz = Gazette reg = regulation/subregulation
hdg = heading renum = renumbered
IA = Interpretation Act 1967 reloc = relocated
ins = inserted/added R[X] = Republication No
LA = Legislation Act 2001 s = section/subsection
LR = legislation register sch = schedule
LRA = Legislation (Republication) Act 1996 sdiv = subdivision
mod = modified / modification sub = substituted
No = number SL = Subordinate Law
num = numbered underlining = whole or part not commenced
o = order or to be expired
om = omitted/repealed
Endnotes
Legislation history 3
R1 Bill of Rights 1688 1 Will and Mary sess 2 c 2 page 15
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3 Legislation history
This Act was originally a UK Act—The Bill of Rights 1688 1 Will and Mary
sess 2 c 2 (UK). The Act was renamed as the Bill of Rights 1688 when it was
first republished under the Legislation Act 2001.
The Act was in force in NSW immediately before 1 January 1911 (the date
of establishment of the ACT) and was continued in force by the Seat of
Government Acceptance Act 1909 (Cwlth), s 6.
Under the Seat of Government (Administration) Act 1910 (Cwlth), s 4 the
Act had effect in the ACT as if it were an ACT law (subject to ordinances
made under the Seat of Government (Administration) Act 1910).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth),
s 34 (4) converted most former UK laws in force in the ACT into ACT
enactments. This allowed the ACT Legislative Assembly to amend and
repeal the laws. This Act was converted into an ACT enactment on 11 May
1989 (self-government day).
Under the Interpretation Act 1967 (repealed), s 65 all former UK Acts in
force in the ACT immediately before 10 November 1999 (including this Act)
became, for all purposes, laws made by the ACT Legislative Assembly. This
completed the process of making former UK Acts fully into ACT laws.
Bill of Rights 1688 1 Will and Mary sess 2 c 2
as amended by
Imperial Acts Application Act 1986 A1986-93 s 5 and sch 3 pt 11
notified 12 January 1987 (Cwlth Gaz 1986 No S1)
s 5 and sch 3 pt 11 commenced 12 January 1987 ( s 2 (1))
4 Amendment history
The Imperial Acts Application Act 1986 (the 1986 Act), sch 3, pt 11 set out
the text of this Act in an amended form and provided for the amended form
to apply as the text of the Act in force in the ACT (see 1986 Act, s 5 (1), (4)
and (5)).
The division of this Act into numbered paragraphs is in accordance with the
text in Statutes at Large.
Section 11 was impliedly amended by 9 Geo 4 c 50, section 62 which
repealed the parts of section 11 declaring that jurors who pass on men in
trials for high treason ought to be freeholders. The text of section 11 was
amended accordingly by the 1986 Act.
Endnotes
4 Amendment history
page 16 Bill of Rights 1688 1 Will and Mary sess 2 c 2 R1
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Section X required the declaration mentioned in it be taken in accordance
with 30 Chas 2 St 2 c 1. That Act was repealed in the UK by 29 and 30 Vic
c 19. The declaration to be taken by the Sovereign is now prescribed by the
Accession Declaration Act 1910 (UK). Section X was amended by the 1986
Act to reflect these changes in the law of the United Kingdom.
The parts of section XII whose operation was exhausted before 25 July 1828
were omitted by the 1986 Act.
Section XIII was omitted by the 1986 Act because its operation was
exhausted before 25 July 1828.
This Act has not been amended since the enactment of the 1986 Act, except
under the Legislation Act 2001.
Name of Act
am R1 LA