Bill of Rights 1689

Lore & Background

They accepted and were crowned on 11 April, swearing an oath to uphold laws made by Parliament. The Act asserted 'certain ancient rights and liberties' by declaring illegal the pretended power of suspending laws without Parliament's consent, levying taxes without Parliament's grant, and keeping a standing army in peacetime without Parliament's consent. It also affirmed the right of subjects to petition the king, free elections, freedom of speech in Parliament, and prohibited cruel and unusual punishments. The Act declared James's flight an abdication and listed twelve of his policies designed to 'subvert and extirpate the protestant religion, and the laws and liberties of this kingdom.'

Reader's Guide

It established key constitutional principles: the Crown must seek Parliament's consent for taxation and legislation, regular parliaments and free elections are rights, and individual liberties such as protection from cruel punishment are guaranteed. The Bill also changed the succession to the English Crown, displacing James II. Its influence extended beyond England: it served as one of the models for the United States Bill of Rights, the United Nations Declaration of Human Rights, and the European Convention on Human Rights.

Did You Know?

• The Act declared James II's flight from England to be an abdication of the throne.
• It lists twelve specific policies of James II that were condemned as designed to subvert Protestant religion and laws.

The Political Storm That Forged the Bill

The seventeenth century in England was defined by escalating tension between crown and parliament. The growth of printed pamphlets and the backing of the City of London eventually helped Parliament check executive overreach, including the secret alliance with France brokered by the Cabal ministry. Against this backdrop, a group of English Parliamentarians, alarmed by James II's policies, invited the Dutch stadtholder William of Orange-Nassau to intervene. William's successful invasion with a Dutch fleet and army forced James to flee to France.

From Grievances to a New Coronation Oath

On 2 February, a specially convened committee reported twenty-three Heads of Grievances to the Commons, which the House approved and supplemented with additions of its own. By 4 February, the Commons directed the committee to separate provisions that would introduce new laws from those merely declaring ancient rights. The revised Declaration of Right was approved on 7 February, and on 8 February the committee was instructed to merge the Declaration, the resolution of 29 January, and the Lords' proposal for a revised oath of allegiance into a single text. It passed the Commons without a single dissenting vote. On 13 February, the clerk of the House of Lords read the Declaration, and the Marquess of Halifax, speaking for all estates of the realm, asked William and Mary to accept the throne. They accepted, and a procession led them to the Great Gate at Whitehall. In the Banqueting House, the Garter King of Arms proclaimed them King and Queen of England, France, and Ireland.

The Substantive Architecture of the Act

It set firm limits on monarchical power while simultaneously codifying the rights of Parliament, including the guarantee of regular sessions, free elections, and parliamentary privilege. On the individual-rights front, the Act prohibited cruel and unusual punishment and affirmed the right of subjects not to be taxed without parliamentary approval. It also explicitly described and condemned the misdeeds of James II, whose displacement was framed as an abdication that left the throne vacant. In its assertion that the pretended power to suspend or dispense with laws by regal authority without parliamentary consent was illegal, the Bill anchored a principle that would define the balance of power in English constitutional law for centuries to come.

A Blueprint That Crossed Oceans and Centuries

The Act's influence, however, extended far beyond the British Isles. It served as one of the models used to draft the United States Bill of Rights, and its principles also informed the United Nations Declaration of Human Rights and the European Convention on Human Rights.