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English Bill of Rights

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English Bill of Rights WorldHistoryAtlas.com PRIMARY SOURCES English Bill of Rights Date I December 16, 1689 Place I London, England Type of Source I Government Document (original in English) Author I English Parliament Historical Context I In 1685 James II, a Roman Catholic, was crowned king of England and Scotland. James’ at-times vicious suppression of opponents led to fears of an absolute monarchy and the restoration of the Catholic Church. In what became known as the Glorious Revolution, Parliament conspired with Dutch leader William of Orange, James’ son-in-law, to overthrow the king. In 1688 William landed an army in Britain. James escaped to France. Parliament insisted that William and his wife Mary agree to a bill of rights before acknowledging them as joint monarchs. Many viewed this as an example of John Locke’s theory of social contract. The Bill of Rights is a major part of the British constitution and became the basis for most later human rights documents around the world. Lords Spiritual and Temporal the House of Lords, the Whereas the Lords Spiritual and Temporal and Commons bishops and nobility assembled at Westminster , lawfully, fully and freely representing all the Commons estates of the people of this realm, did upon the thirteenth day of February the House of Commons, in the year of our Lord one thousand six hundred eighty-[nine] [ old style elected members of date ] present unto their Majesties, then called and known by the names and Parliament style of William and Mary, prince and princess of Orange , being present in Westminster their proper persons, a certain declaration in writing made by the said Lords Westminster Palace in London is the where and Commons in the words following, viz.: Parliament meets. Whereas the late King James the Second, by the assistance of divers[e] evil thirteenth day of counsellors, judges and ministers employed by him, did endeavour to February subvert and extirpate the Protestant religion and the laws and liberties of On February 13, 1689, Parliament presented this kingdom; William and Mary with the Declaration of Right. By assuming and exercising a power of dispensing with and suspending The Bill of Rights is of laws and the execution of laws without consent of Parliament; essentially the same but it was passed by an By committing and prosecuting divers[e] worthy prelates for humbly official parliament and petitioning to be excused from concurring to the said assumed power; approved by a monarch. By issuing and causing to be executed a commission under the great old style date England did not yet use seal for erecting a court called the Court of Commissioners for the Gregorian calendar Ecclesiastical Causes ; that we use today because it was issued By levying money for and to the use of the Crown by pretence of by the Pope. These dates prerogative for other time and in other manner than the same was use the Julian calendar, which was about 11 granted by Parliament; days ahead of the By raising and keeping a standing army within this kingdom in time of modern calendar. peace without consent of Parliament, and quartering soldiers contrary to Orange law; Prince of Orange was one of William’s hereditary titles. Herff Jones | Nystrom page 1 of 5 WorldHistoryAtlas.com PRIMARY SOURCES English Bill of Rights By causing several good subjects being Protestants to be disarmed at the the late same time when papists were both armed and employed contrary to law; the former. King James was not dead in 1689. By violating the freedom of election of members to serve in Parliament; worthy prelates By prosecutions in the Court of King's Bench for matters and causes James II had arrested seven bishops after they cognizable only in Parliament, and by divers[e] other arbitrary and illegal petitioned against the courses; mandatory reading of a royal decree on religious And whereas of late years partial corrupt and unqualified persons have tolerance. been returned and served on juries in trials, and particularly divers[e] great seal jurors in trials for high treason which were not freeholders ; The Great Seal of the Realm is used in all And excessive bail hath been required of persons committed in criminal royal documents and cases to elude the benefit of the laws made for the liberty of the subjects; represents royal power. Court of Commis - And excessive fines have been imposed; sioners... And illegal and cruel punishments inflicted; This court was a revival of the Star Chamber And several grants and promises made of fines and forfeitures before Court, abolished in 1641. Accused were any conviction or judgment against the persons upon whom the same required to give evidence were to be levied; against themselves under oath, usually for All which are utterly and directly contrary to the known laws and religious crimes. statutes and freedom of this realm; Reaction against the court led to the right And whereas the said late King James the Second having abdicated the against self- government and the throne being thereby vacant, his Highness the prince of incrimination. Orange (whom it hath pleased Almighty God to make the glorious levying money instrument of delivering this kingdom from popery and arbitrary power) did taxes or raising money (by the advice of the Lords Spiritual and Temporal and divers[e] principal papists persons of the Commons) cause letters to be written to the Lords Spiritual an insulting name for Roman Catholics and Temporal being Protestants, and other letters to the several counties, cities, universities , boroughs and cinque ports , for the choosing of such Court of King’s Bench persons to represent them as were of right to be sent to Parliament, to meet one of the main English and sit at Westminster upon the two and twentieth day of January in this court systems. It was year one thousand six hundred eighty and eight [old style date], in order to noted for being the such an establishment as that their religion, laws and liberties might not fastest court. again be in danger of being subverted, upon which letters elections having freeholders been accordingly made; property holders abdicated And thereupon the said Lords Spiritual and Temporal and Commons, resigned as king. James pursuant to their respective letters and elections, being now assembled in a II never formally full and free representative of this nation, taking into their most serious abdicated. Parliament declared that by leaving consideration the best means for attaining the ends aforesaid, do in the first England and dropping place (as their ancestors in like case have usually done) for the vindicating the Great Seal in the and asserting their ancient rights and liberties declare: Thames River, he had abdicated. That the pretended power of suspending the laws or the execution of popery laws by regal authority without consent of Parliament is illegal; an insulting name for Roman Catholicism Herff Jones | Nystrom page 2 of 5 WorldHistoryAtlas.com PRIMARY SOURCES English Bill of Rights That the pretended power of dispensing with laws or the execution of universities laws by regal authority, as it hath been assumed and exercised of late, is By tradition, universities were governed by their illegal; own laws, not those of That the commission for erecting the late Court of Commissioners for their town. Ecclesiastical Causes, and all other commissions and courts of like cinque ports nature, are illegal and pernicious; several (originally five) ports in southeastern That levying money for or to the use of the Crown by pretence of England that had special privileges prerogative, without grant of Parliament, for longer time, or in other manner than the same is or shall be granted, is illegal; like similar. Here Parliament That it is the right of the subjects to petition the king, and all is reminding the king and queen of the Magna commitments and prosecutions for such petitioning are illegal; Carta and other similar That the raising or keeping a standing army within the kingdom in time revolts. of peace, unless it be with consent of Parliament, is against law; the same the grant (permission) of That the subjects which are Protestants may have arms for their defence Parliament suitable to their conditions and as allowed by law; That election of members of Parliament ought to be free; 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; That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; That jurors ought to be duly impanelled and returned, and jurors which pass upon men in trials for high treason ought to be freeholders; That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void; And that for redress of all grievances, and for the amending, strengthening and preserving of the laws, Parliaments 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
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