Week 12: Tudor - English Bill of Right

The "Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown," commonly referred to as the Bill of Rights 1689, is a foundational document in British constitutional history.

1. Historical Context:

- The Act was presented to William and Mary on February 13, 1688, by the Lords Spiritual, Temporal, and the Commons at Westminster.

- It arose from widespread discontent with the rule of King James II, who was accused of attempting to undermine Protestantism and the rights of the English people through various illegal actions.

2. Grievances against King James II:

- Abuse of Power: The late king was accused of subverting the Protestant religion and the laws of the realm through arbitrary governance: suspending laws without Parliament's consent, disarming Protestants, and maintaining a standing army without parliamentary approval.

- Manipulation of Judiciary and Elections: There were claims of corruption in the judicial system, such as biased juries and excessive bail requirements, infringing upon the rights of the subjects.

- Violation of Parliamentary Integrity: The act was framed as a response to the king's attempts to restrict the freedom of parliamentary elections and proceedings.

3. Assertion of Rights:

- The Act declares several fundamental rights and liberties for English subjects, including:

- The illegality of suspending laws by royal authority without parliamentary consent.

- The entitlement of subjects to petition the monarch without fear of prosecution.

- The right to bear arms for Protestant subjects.

- The prohibition of excessive bail, fines, and cruel punishments.

- Guarantees for fair jury trials and that jurors should be freeholders.

- The necessity for Parliaments to meet regularly to address grievances.

4. Succession of the Crown:

- After acknowledging James II's abdication due to his actions, William and Mary were invited to take the throne.

- The Act establishes a clear line of succession, prioritizing the heirs of Mary, followed by the heirs of Anne of Denmark, and then the heirs of William.

- The Act specifies that any monarch must reject the popish religion to claim the crown.

5. Oaths of Allegiance:

- New oaths of allegiance are introduced, requiring subjects to reject the legitimacy of any Catholic monarch or external authority from Rome.

- All new monarchs must affirm these oaths upon succession.

6. Legislative Authority:

- The Act prohibits any future royal dispensations that override statutes unless expressly allowed by Parliament.

- It affirms that existing grants and charters before October 23, 1689, remain valid and unaffected by this Act.

7. Final Recognition of William and Mary:

- The Act concludes with formal recognition of William and Mary as the rightful monarchs, establishing their roles as kings and queens with clear legitimacy rooted in parliamentary consent.

Conclusion

The Bill of Rights 1689 is pivotal in asserting parliamentary sovereignty and the rights of subjects against royal authority, laying the groundwork for constitutional monarchy in England and shaping the future governance structure, emphasizing the need for accountability and protection of individual liberties against arbitrary rule.