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1689 Bill of Rights

On 22 January a new Parliament first met. This was known as the Convention Parliament although as it was summoned by William of Orange and not the King, was not strictly speaking a Parliament at all. On February 12, the Convention Parliament issued this Declaration of Rights which sharply condemned the actions of James II and asserted what it described as "certain ancient rights and liberties". The same day, Princess Mary, William's wife and James's elder daughter, arrived in London. Lord Halifax, the leader of the Lords, read the Declaration to both William and Mary on the next day, and then offered them the crown. The declaration was later embodied in the Bill of Rights passed by Parliament in December 1689: this further stipulated that the throne be occupied by a Protestant only and that the succession was to rest with (1) the heirs of Mary (2) the heirs of her sister Anne.

The Declaration of Rights: February 13 1689

Whereas the late King James the Second, 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 the kingdom.

By assuming and exercising a power of dispensing with and suspending of laws, and the execution of laws, without the consent of parliament.

By committing and prosecuting divers worthy prelates for humbly petitioning to be excused concurring to the said assumed power.

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.

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.

By raising and keeping a standing army within this kingdom in time of peace without the consent of parliament and quartering soldiers contrary to the law.

By causing several good subjects, being Protestants, to be disarmed at the same time when papists were both armed and employed contrary to the law.

By violating the freedom of election by members to serve in parliament.

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.

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.

Excessive bail hath been required of persons committed in criminal cases, to elude the benefit of laws made for the liberty of the subjects.

And excessive fines have been imposed; and illegal and cruel punishments inflicted.

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.

And whereas the said late King James the Second having abdicated the government and the throne being thereby vacant, 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) did (by the advice of the lords spiritual and temporal, and divers principal persons of the Commons) cause letters to be written to the lords spiritual and temporal, being Protestants; and other letters to the several counties, cities, universities, boroughs, and Cinque Ports, for the choosing of such persons to represent them, as were of right to be sent to parliament, to meet and sit at Westminster upon January 22, 1689 . .. And thereupon the said lords spiritual and temporal and Commons . . . 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:

That the pretended power of suspending of laws, or the execution of laws, by regal authority, without consent of parliament, is illegal.

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.

That the commission for erecting the late Courts of Commissioners for Ecclesiastical Causes and courts of like nature are illegal and pernicious.

That levying money for or to the use of the Crown, by pretence of prerogative, without grant of parliament, for longer time, or in other manner than the same is, or shall be granted, is illegal.

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

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.

That the subjects which are Protestants may have arms for their defence 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 impannelled 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 frequently held.

And they do claim, demand, and insist upon all and singular the premises, as their undoubted rights and liberties; and that no declaration, 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 consequent of example.

To which demands 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.

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 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 of 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 the Commons do pray the said Prince and Princess to accept the same accordingly.