Commons, pursuant to their respective letters and elections, being now assembled in a full and free representation 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: 1. That the pretended power of suspending of laws, or the execution of laws by regal authority, without consent of Parliament, is illegal. 2. That the pretended power of dispensing with laws, or the execution of laws by regal authority, as it hath been assumed and exercised of late, is illegal. 3. 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. That levying money for or to the use of the Crown by pretence and prerogative, without grant of Parliament, for longer time or in other manner than the same is or shall be granted, is illegal.1 5. That it is the right of the subjects to petition the King, and all commitments and prosecutions for such petitioning are illegal.2 6. 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. That the subjects which are Protestants may have arms for their defence 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 proceedings in Parliament, ought not to be impeached or questioned in any court or place out of Parliament.5 10. That excessive bail ought not to be required, nor excessive fines imposed; nor cruel and unusual punishments inflicted. 11. That jurors ought to be duly impanelled and returned, and jurors which pass upon men in trials for high treason ought to be freeholders." 1 Compare this clause 4 with clauses 12 and 14 of Magna Charta, and with Art. I. § vii. clause 1 of the Constitution of the United States. 3 Compare clause 6 with Amendment III. 4 Compare clause 7 with Amendment II. 5 Compare clause 9 with Constitution, Art. I. § vi. clause 1. 6 Compare clause 10 with Amendment VIII. 7 Compare clause 11 with Amendments VI. and VII. 12. That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void. 13. And that for redress of all grievances, and for the amending, strengthening, and preserving of the laws, Parliament ought to be held frequently. 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 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. The said Lords Spiritual and Temporal, and Commons, assembled at Westminster, 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. The act goes on to declare that, their Majesties having accepted the crown upon these terms, 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." The act then declares that William and Mary "are and of right ought to be King and Queen of England, etc.; and it goes on to regulate the succession after their deaths. "The passing of the Bill of Rights in 1689 restored to the monarchy the character which it had lost under the Tudors and the Stuarts. The right of the people through its representatives to depose the King, to change the order of succession, and to set on the throne whom they would, was now established. All claim of divine right, or hereditary right independent of the law, was formally put an end to by the election of William and Mary. Since their day no English sovereign has been able to advance any claim to the crown save a claim which rested on a particular clause in a particular Act of Parliament. William, Mary, and Anne were sovereigns simply by virtue of the Bill of Rights. George the First and his successors have been sovereigns solely by virtue of the Act of Settlement. An English monarch is now as much the creature of an Act of Parliament as the pettiest tax-gatherer in his realm.". Green's Short History, p. 673. APPENDIX E. THE FUNDAMENTAL ORDERS OF CONNECTICUT. 1638(9). The first written constitution that created a government. FORASMUCH as it hath pleased the Allmighty God by the wise disposition of his diuyne p'uidence so to Order and dispose of things that we the Inhabitants and Residents of Windsor, Harteford and Wethersfield are now cohabiting and dwelling in and vppon the River of Conectecotte and the Lands thereunto adioyneing; And well knowing where a people are gathered togather the word of God requires that to mayntayne the peace and vnion of such a people there should be an orderly and de cent Gouerment established according to God, to order and dispose of the affayres of the people at all seasons as occation shall require; doe therefore assotiate and conioyne our selues to be as one Publike State or Comonwelth; and doe, for our selues and our Successors and such as shall be adioyned to vs att any tyme hereafter, enter into Combination and Confederation togather, to mayntayne and p'searue the liberty and purity of the gospell of our Lord Jesus wh we now p'fesse, as also the disciplyne of the Churches, wh according to the truth of the said gospell is now practised amongst vs; As also in o' Ciuell Affaires to be guided and gouerned according to such Lawes, Rules, Orders and decrees as shall be made, ordered & decreed, as followeth : 1. It is Ordered, sentenced and decreed, that there shall be yerely two generall Assemblies or Courts, the one the second thursday in Aprill, the other the second thursday in September, following; the first shall be called the Courte of Election, wherein shall be yerely Chosen frō tyme to tyme soe many Magestrats and other publike Officers as shall be found requisitte: Whereof one to be chosen Gouernour for the yeare ensueing and vntill another be chosen, and noe other Magestrate to be chosen for more than one yeare; p'uided allwayes there be sixe chosen besids the Gouernour; wch being chosen and sworne according to an Oath recorded for that purpose shall haue power to administer iustice according to the Lawes here established, and for want thereof according to the rule of the word of God; wch choise shall be made by all that are admitted freemen and haue taken the Oath of Fidellity, and doe cohabitte wthin this Jurisdiction, (hauing beene admitted Inhabitants by the maior p't of the Towne wherein they liue,) or the mayor p'te of such as shall be then p'sent. 2. It is Ordered, sentensed and decreed, that the Election of the aforesaid Magestrats shall be on this manner: euery p'son p'sent and quallified for choyse shall bring in (to the p'sons deputed to receaue thē) one single pap wth the name of him written in yt whom he desires to haue Gouernour, and he that hath the greatest nūber of papers shall be Gouernor for that yeare. And the rest of the Magestrats or publike Officers to be chosen in this manner: The Secretary for the tyme being shall first read the names of all that are to be put to choise and then shall seuerally nominate them distinctly, and euery one that would haue the p'son nominated to be chosen shall bring in one single paper written vppon, and he that would not haue him chosen shall bring in a blanke: and euery one that hath more written papers then blanks shall be a Magistrat for that yeare; Wch papers shall be receaued and told by one or more that shall be then chosen by the court and sworne to be faythfull therein; but in case there should not be sixe chosen as aforesaid, besids the Gouernor, out of those wh are nominated, then he or they wh haue the most written pap's shall be a Magestrate or Magestrats for the ensueing yeare, to make vp the foresaid nuber. 3. It is Ordered, sentenced and decreed, that the Secretary shall not nominate any p'son, nor shall any p❜son be chosen newly into the Magestracy wch was not p'pownded in some Generall Courte before, to be nominated the next Election; and to that end yt shall be lawfull for ech of the Townes aforesaid by their deputyes to nominate any two who they conceaue fitte to be put to election; and the Courte may ad so many more as they judge requisitt. 4. It is Ordered, sentenced and decreed that noe p'son be chosen Gouernor aboue once in two yeares, and that the Gouernor be always a mēber of some approved congregation, and formerly of the Magestracy wthin this Jurisdiction; and all the Magestrats Freemen of this Comonwelth: and that no Magestrate or other publike officer shall execute any p'te of his or their Office before they are seuerally sworne, wch shall be done in the face of the Courte if they be p'sent, and in case of absence by some deputed for that purpose. 5. It is Ordered, sentenced and decreed, that to the aforeIsaid Courte of Election the seu'all Townes shall send their deputyes, and when the Elections are ended they may p'ceed in any publike searuice as at other Courts. Also the other Generall Courte in September shall be for makeing of lawes, and any other publike occation, wh conserns the good of the Comonwelth. 6. It is Ordered, sentenced and decreed, that the Gou'nor shall, ether by himselfe or by the secretary, send out sumons to the Constables of eu Towne for the cauleing of these two standing Courts, on month at lest before their seu'all tymes : And also if the Gou'nor and the gretest p'te of the Magestrats see cause vppon any spetiall occation to call a generall Courte, they may giue order to the secretary soe to doe wthin fowerteene dayes warneing; and if vrgent necessity so require, vppon a shorter notice, giueing sufficient grownds for yt to the deputyes |