But these prerogatives must be exercised according to law. This fundamental principle is expressly declared by the "act for declaring the rights and liberties of the subject, and settling the succession of the crown," which enacted “that all and singular the rights and liberties asserted and claimed in the declaration, are the true, ancient, and indubitable rights and liberties of the people of this kingdom, and so shall be esteemed, allowed, judged, deemed, and taken to be; and that all and every the particulars thereof, shall be firmly and strictly holden and observed, as they are expressed in the declaration, and all officers and ministers whatsoever shall serve the king according to the same.2 The same principle was confirmed by the "act for the further limitation of the crown, and better securing the rights and liberties of the subject," called the Act of Settlement, which declared "that the laws of England are the birthright of the people thereof, and all the kings and queens who shall ascend the throne of this realm, ought to administer the government of the same according to the said laws, and all their officers and ministers ought to serve them respectively according to the same."4

This obligation is enforced on the conscience of the sovereign by the Coronation Oath, by which the sovereign solemnly promises and swears "to govern the people of England, and the dominions thereto belonging, according to the statutes in parliament agreed on, and the laws and customs of the same ;-to the utmost of his power to cause law and justice in mercy to be executed in all his judgments;

which is fixed by the constitution for the annual meeting of congress), convene both houses, or either of them; and in case of disagreement between them with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors, and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States." (Constitution of United States, art. 2.)

11 William and Mary, sess. 2, cap. 2, A.D. 1688. 3 12 & 13 William and Mary, 3, cap. 2, A.D. 1700.

2 Idem, s. 6.

4 Idem, 8. 4

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to the utmost of his power to maintain the laws of God, the true profession of the Gospel, and the protestant reformed religion established by law; and to preserve to the bishops. and clergy of the realm, and to the churches committed to their charge, all such rights and privileges as by law do or shall appertain unto them, or any of them."

The constitution has not, however, trusted to these general principles alone. The "act for declaring the rights and liberties of the subject" declares what the sovereign may not do in violation of the religion, rights, and liberties of the people. This act was passed to give the Declaration of Rights delivered to William and Mary on their acceptance of the crown, on the 13th of February, 1688, the force of law. It recites that important and memorable constitutional document as follows:

"Whereas the late King James II., by the assistance of divers evil counsellors, 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 the execution of laws, without the 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

11 William and Mary, cap. 6. The sovereign is also required by the Act of Union of England and Scotland to bind himself to maintain the presbyterian church government in Scotland, Scotch Act, 5 Anne, cap. 6; Act of Union, 5 & 6 Anne, cap. 8,

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.

"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 hath 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."

The declaration then recites the abdication of the throne by James II., the summoning of the convention held on the 22nd of January, 1688, and that the lords spiritual and tem poral, and commons, did in the first place, (as their ancestors in like case had 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 royal 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.

tr

"3. That the commission for erecting the late court of

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commissioners for ecclesiastical causes, and all other courts and commissions of like nature, are illegal and pernicious.

“4. That levying 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.

"5. That it is the right of the subjects to petition the king, and all commitments and prosecutions for such petitioning are illegal.

"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.

"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 empanelled and returned; and jurors which pass upon men in trials for high treason, ought to be freeholders.

“12. All grants and promises of fines and forfeitures of particular persons before conviction, are illegal and void. "13. And for redress of all grievances, and for the amending, strengthening, and preserving of the laws, parliaments ought to be held frequently."

The act confirmed the Declaration of Rights, and excluded from the throne "all persons who should be reconciled to, or should hold communion with the see or church of Rome, or should profess the popish religion, or should marry a papist." In such cases "the people should be absolved from their allegiance, and the crown should descend to the successor."

The act also abolished the dispensing power, it being declared that "no dispensation by non obstante, of or to any sta tute, should be allowed, but should be void and of no effect, except a dispensation be allowed of in such statute."

The Act of Settlement also put the sovereign under restrictions in the nature of fundamental principles. These additional restrictions were deemed necessary by parliament, as provisions in the event of the crown becoming vested in a prince not a native of the kingdom.

The crown was settled by the Declaration of Rights, on William and Mary, for their joint lives, and the life of the survivor, and the heirs of Mary; and in default of such issue, on the Princess Anne of Denmark, afterwards Queen Anne, and the heirs of her body. In 1700 Mary was dead without leaving issue, and the Duke of Gloucester, the only issue of the Princess Anne of Denmark, was also dead. These circumstances called for a new settlement of the crown; and it was made by the act usually called "the act of settlement." By that act the Princess Sophia, electress and duchess-dowager of Hanover,-daughter of Elizabeth, late Queen of Bohemia, and granddaughter of James I.,-was declared to be the next in succession to the throne in the protestant line; and after the death of William, and of the Princess Anne of Denmark, and in default of issue of Anne and William, the crown was settled on the Princess Sophia, and the heirs of her body, being protestants.

By the course of events the crown passed to her son George I., then elector of Hanover, and the wise foresight of our ancestors in the provisions made, became manifest when the throne actually passed to a king, not a native of the kingdom, and being the sovereign of another country. The provisions which are declared to be "for securing our religion, laws, and liberties," are as follows:

11 William and Mary, sess. 2, cap. 2, s. 8.

2 12 & 13 William III., cap. 2, A.D. 1700, ante, p. 423. An act for the further limitation of the crown, and better securing the rights and liber ties of the subject.