XVIII. And to the intent no person may avoid his tria assizes or general gaol-delivery, by procuring his removal be assizes, at such time as he cannot be brought back to receive there; be it enacted that after the assizes proclaimed for that where the prisoner is detained, no person shall be removed f common gaol upon any habeas corpus granted in pursuance act, but upon any such habeas corpus shall be brought bef judge of assize in open court, who is thereupon to do what to shall appertain.

XIX. Provided nevertheless, that after the assizes are any person or persons detained may have his or her habeas according to the direction and intention of this act.

XX. And be it also enacted by the authority aforesaid any information, suit, or action shall be brought or exhibited any person or persons for any offense committed or to be com against the form of this law, it shall be lawful for such defenda plead the general issue, that they are not guilty, or that the nothing, and to give such special matter in evidence to the jur shall try the same, which matter being pleaded had been goo sufficient matter in law to have discharged the said defenda defendants against the said information, suit, or action, and th matter shall be then as available to him or them, to all intents o poses, as if he or they had sufficiently pleaded, set forth, or al the same matter in bar or discharge of such information, su action.

XXI. And because many times persons charged with treason or felony, or as accessories thereunto, are committed suspicion only, whereupon they are bailable or not, according al circumstances making out that suspicion are more or less weig which are best known to the justices of peace that committed

ny offense against aded for the same erein the offense

l not be then in

the space of two is or her delivery

his trial at the moval before the receive his trial

for that county moved from the

and charged as accessory before the fact, to an or upon suspicion thereof, or with suspicion o which petty treason or felony shall be pl pressed in the warrant of commitment, that removed or bailed by virtue of this act, or in they might have been before the making of t

ursuance of this

ught before the

what to justice

izes are ended,

er habeas corpus

Foresaid that if hibited against be committed defendants to

that they owe the jury that een good and defendant or

and the said

tents or purh, or alleged ion, suit, or

with petty itted upon ling as the s weighty, nitted the

THE Parliament which offered the Crown to Mary in February, 1689, accompanied its offer declaration of the unconstitutional acts of James II, king. In October of the same year the declaration v and amended and was then passed by Parliament of Rights. This celebrated statute affirmed and s the principles of political liberty already formul Great Charter and the Petition of Right. To it of equal importance have since been made, except Act of Settlement in 1701. Many clauses of the B reappear, almost unchanged, in the first ten amend Constitution of the United States.

BILL OF RIGHTS, 1689

An Act for declaring the Rights and Liberties of the S and for settling the Succession of the Crown

I. Whereas the Lords Spiritual and Temporal, an assembled at Westminster, lawfully, fully, and freely rep the estates of the people of this realm, did, upon the th of February, in the year of our Lord one thousand six hu eight, present unto their Majesties, then called and k names and style of William and Mary, Prince and Prince being present in their proper persons, a certain declaratio made by the said Lords and Commons, in the words follo

Whereas the late King James II, by the assistance counselors, judges, and ministers employed by him, to subvert and extirpate the Protestant religion and t liberties of this kingdom:

1. By assuming and exercising a power of dispensi suspending of laws, and the execution of laws, withou Parliament.

1 Statutes of the Realm, vi, 142–145 (1 William and Mary, Sess. 2 In New Style, February 23, 1689.

in time of peace, without consent of Parliament, and qua diers contrary to law.

6. By causing several good subjects, being Protestants armed, at the same time when Papists were both armed and contrary to law.

7. By violating the freedom of election of members Parliament.

8. By prosecutions in the Court of King's Bench for n causes cognizable only in Parliament; and by divers othe and illegal courses.

9. And whereas of late years partial, corrupt, and persons have been returned and served on juries in trial ticularly divers jurors in trials for high treason, which we holders.

10. And excessive bail has been required of persons in criminal cases, to elude the benefit of the laws made for of the subjects.

11. And excessive fines have been imposed, and illega punishments inflicted.

12. And several grants and promises made of fines and before any conviction of judgment against the persons u the same were to be levied.

All which are utterly and directly contrary to the know statutes, and freedom of this realm.

And whereas the said late King James II having ab government, and the throne being thereby vacant, his Hi Prince of Orange (whom it has pleased Almighty God the glorious instrument of delivering this kingdom from I arbitrary power) did (by the advice of the Lords Spiritual poral, and divers principal persons of the Commons) ca

nons, pursuant to their respective letters and elections, be ssembled in a full and free representation of this nation, tak heir most serious consideration the best means for attaining t foresaid, do in the first place (as their ancestors in like ca sually done), for the vindicating and asserting their ancien nd liberties, declare:

1. That the pretended power of suspending of laws, or t ution of laws, by regal authority, without consent of Parlian legal.

2. That the pretended power of dispensing with laws, xecution of laws, by regal authority, as it has been assume xercised of late, is illegal.

3. That the commission for erecting the late Court of Co ioners for Ecclesiastical Causes, and all other commissions and f like nature, are illegal and pernicious.

4. That levying money for or to the use of the Crown, by ense of prerogative, without grant of Parliament, for longer ti n other manner than the same is or shall be granted, is illegal.

5. That it is the right of the subjects to petition the king, a ommitments and prosecutions for such petitioning are illegal 6. That the raising or keeping a standing army within the ɔm in time of peace, unless it be with consent of Parliament, is ag

.W.

7. That the subjects which are Protestants may have arm eir defense suitable to their conditions, and as allowed by law. 8. That election of members of Parliament ought to be free. 9. That the freedom of speech, and debates or proceeding arliament, ought not to be impeached or questioned in any place out of Parliament.

1 In New Style, February 1, 1689.