Bill of Rights

Passed by Parliament in December 1689, the Bill of Rights gave statutory force to the Declaration of Rights. The Declaration of Rights, drawn up by the Convention Parliament in February 1689, was presented to Mary and William of Orange in the Banqueting Hall at Whitehall, and consequently after their acceptance, fixed in the Bill of Rights. The Declaration gave an account of the misdeeds of James II, begged Mary and William to accept the crown, and laid down an Oath of Allegiance to the new monarchs.

The Bill of Rights itself closely followed the Declaration of Rights in its stipulation of ancient rights, and the recent abuses of the royal prerogatives by James II.

Purpose and provisions

The Bill begins by stating that the Houses of Parliament “assembled at Westminster, lawfully, fully and freely representing all the estates of the people of this realm” (http://avalon.law.yale.edu/17th_century/england.asp). It then presents the accusations against James II and argues that James's abdication was due to the fact that he had “endeavour[ed] to subvert and extirpate the Protestant religion and the laws and liberties of this kingdom” (ibd.).

This is followed by a declaration of Parliament’s “ancient rights and liberties” (ibd.). Some of these propositions (which also relate directly to the accusations made against James II) are that

• the suspending and execution of laws without parliamentary consent is illegal

• levying money (e.g. ship money, customs duties) by the monarch without parliamentary consent is illegal

• the subjects are entitled to petition the crown

• the existence of a standing army in times of peace without parliamentary consent is illegal

• Protestant subjects may have "arms for their defence"

• parliamentary elections should be free (from monarchical interference)

• freedom of speech, debates, and proceedings in Parliament should not be questioned in any court outside Parliament

• parliament should be held frequently.

Royal succession

It is enacted that, although Mary and William are to be joint rulers after accepting the crown, “his Highness the prince of Orange (whom it hath pleased Almighty God to make the glorious instrument of delivering this kingdom from popery and arbitrary power)” (ibid.) alone is to exercise all royal functions in their joint names.

However, the question of any contractual character the crown might possess is avoided. The succession is stated to lie in the heirs of the Protestant Mary, and then her younger sister Anne. In addition, the Bill stipulates that no papist (i.e. a person of Catholic faith), or person married to one, can become king of England.

The royal prerogative to dispense with law in specific instances is to become subject to statutory sanction; and Parliament claims the right to override a royal pardon. This received statutory recognition through the Act of Settlement (1701).

Sources

Primary source:

http://avalon.law.yale.edu/17th_century/england.asp

Secondary sources:

Arnold-Baker, Charles. The companion to British History. Longcross, 1996

Ashley, Maurice. England in the seventeenth century. Penguin Books: Harmondsworth, 1970.