Bill of Rights 1689

The Bill of Rights is an Act of the Parliament of England that deals with
The Bill of Rights[nb 1]
constitutional matters and sets out certain basic civil rights. Passed on 16
December 1689, it is a restatement in statutory form of the Declaration of Rights
presented by the Convention Parliament to William and Mary in February 1689,
inviting them to become joint sovereigns of England. The Bill of Rights lays
down limits on the powers of the monarch and sets out the rights of Parliament,
including the requirement for regular parliaments, free elections, and freedom of
speech in Parliament. It sets out certain rights of individuals including the
prohibition of cruel and unusual punishment and reestablished the liberty of
Parliament of England
Protestants to have arms for their defence within the rule of law. Furthermore,
Long title An Act Declaring the Rights
the Bill of Rights described and condemned several misdeeds of James II of
and Liberties of the Subject
England.[1] and Settling the Succession
These ideas reflected those of the political thinker John Locke and they quickly of the Crown.

became popular in England.[2] It also sets out—or, in the view of its drafters, Citation 1 William & Mary Sess 2 c 2

restates—certain constitutional requirements of the Crown to seek the consent Dates

of the people, as represented in Parliament. Commencement 1689

Status: Amended
In the United Kingdom, the Bill of Rights is further accompanied by Magna
Carta, the Petition of Right, the Habeas Corpus Act 1679 and the Parliament Revised text of statute as amended

Acts 1911 and 1949 as some of the basic documents of the uncodified British
constitution. A separate but similar document, the Claim of Right Act 1689, The Bill of Rights
applies in Scotland. The Bill of Rights 1689 was one of the inspirations for the
United States Bill of Rights.

Along with the Act of Settlement 1701, the Bill of Rights is still in effect in all
Commonwealth realms. Following the Perth Agreement in 2011, legislation
amending both of them came into effect across the Commonwealth realms on
26 March 2015.

Background
Glorious Revolution
Main article: Glorious Revolution

In the Glorious Revolution of 1688, a group of English Parliamentarians invited

the Dutch stadtholder William III of Orange-Nassau (William of Orange) to
overthrow King James II of England (James VII of Scotland and James II of
Ireland). William's successful invasion with a Dutch fleet and army led to James
fleeing to France. In December 1688, William took over the provisional
government by appointment of the peers of the realm, as was the legal right of denorese

the latter in circumstances when the King was incapacitated, and summoned an
assembly of certain members of parliament. This assembly called for an English
Convention Parliament to be elected, which convened on 22 January 1689.[3][4]
Created 1689

Declaration of Right Ratified December 16, 1689

Main article: The Declaration of Rights Location Parliamentary Archives

Author(s) Parliament of England
The proposal to draw up a statement of rights and liberties and James's
Purpose Assert the rights of Parliament and
violation of them was first made on 29 January in the House of Commons, with
the individual, and ensure a
members arguing that the House "can not answer it to the nation or Prince of Protestant political supremacy
Orange till we declare what are the rights invaded" and that William "cannot take
it ill if we make conditions to secure ourselves for the future" in order to "do justice to
those who sent us hither". On 2 February a committee specially convened reported to
the Commons 23 Heads of Grievances, which the Commons approved and added
some of their own. However, on 4 February the Commons decided to instruct the
committee to differentiate between "such of the general heads, as are introductory of
new laws, from those that are declaratory of ancient rights". On 7 February the
Commons approved this revised Declaration of Right, and on 8 February instructed
the committee to put into a single text the Declaration (with the heads which were
"introductory of new laws" removed), the resolution of 28 January and the Lords'
proposal for a revised oath of allegiance. It passed the Commons without division.[5]

On 13 February the clerk of the House of Lords read the Declaration of Right and
Halifax, in the name of all the estates of the realm, asked William and Mary to accept
the throne. William replied for his wife and himself: "We thankfully accept what you
have offered us". They then went in procession to the great gate at Whitehall. The
Garter King at Arms proclaimed them King and Queen of England, France and
Ireland, whereupon they adjourned to the Chapel Royal, with the Bishop of London
preaching the sermon.[6] They were crowned on 11 April, swearing an oath to uphold
An 18th-century engraving, based on a
the laws made by Parliament. The Coronation Oath Act 1688 had provided a new
drawing by Samuel Wale, of the Bill of
coronation oath, whereby the monarchs were to "solemnly promise and swear to Rights being presented to William and
govern the people of this kingdom of England, and the dominions thereunto Mary

belonging, according to the statutes in parliament agreed on, and the laws and
customs of the same". They were also to maintain the laws of God, the true profession of the Gospel, and the Protestant
Reformed faith established by law.[7] This replaced an oath which had deferred more to the monarch. The previous oath
required the monarch to rule based on "the laws and customs... granted by the Kings of England".[8]

Provisions of the Act

The Declaration of Right was in December 1689 enacted in an Act of Parliament, the Bill of Rights 1689.[9] The Act asserted
"certain ancient rights and liberties" by declaring that:[10]

the pretended power of suspending the laws and dispensing with laws by regal authority without consent of Parliament is
illegal;
the commission for ecclesiastical causes is illegal;
levying taxes without grant of Parliament is illegal;
it is the right of the subjects to petition the king, and prosecutions for such petitioning are illegal;
keeping a standing army in time of peace, unless it be with consent of Parliament, is against law;[nb 2]
Protestants may have arms for their defence suitable to their conditions and as allowed by law;
election of members of Parliament ought to be free;
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;
excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted;
jurors in trials for high treason ought to be freeholders;
promises of fines and forfeitures before conviction are illegal and void;
for redress of all grievances, and for the amending, strengthening and preserving of the laws, Parliaments ought to be held
frequently.

The Act declared James' flight from England following the Glorious Revolution to be an abdication of the throne. It listed
twelve of James's policies by which James designed to "endeavour to subvert and extirpate the protestant religion, and the
laws and liberties of this kingdom".[11] These were:[12]

by assuming and exercising a power of dispensing with and suspending of laws and the execution of laws without consent
of Parliament;
by prosecuting the Seven Bishops; by establishing of the court of commissioners for ecclesiastical causes;
by levying taxes for the use of the Crown by pretence of prerogative as if the same was granted by Parliament;
by raising and keeping a standing army within this kingdom in time of peace without consent of Parliament;
by causing Protestants to be disarmed at the same time when papists were both armed and employed contrary to law;
by violating the freedom of election of 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;
by employing unqualified persons on juries in trials, and jurors in trials for high treason which were not freeholders;
by imposing excessive bail on persons committed in criminal cases against the laws made for the liberty of the subjects;
by imposing excessive fines and illegal and cruel punishments;
by making 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.

In a prelude to the Act of Settlement to come twelve years later, the Bill of Rights barred Roman Catholics from the throne of
England as "it hath been found by experience that it is inconsistent with the safety and welfare of this Protestant kingdom to
be governed by a papist prince"; thus William III and Mary II were named as the successors of James II and that the throne
would pass from them first to Mary's heirs, then to her sister, Princess Anne of Denmark and her heirs (and, thereafter, to any
heirs of William by a later marriage).

Date and title

The Bill of Rights is commonly dated in legal contexts to 1688. This convention arises from the legal fiction (prior to the
passage of the Acts of Parliament (Commencement) Act 1793) that an Act of Parliament came into force on the first day of the
session in which it was passed. The Bill was therefore deemed to be effective from 13 February 1689 (New Style), or, under
the Old Style calendar in use at the time, 13 February 1688. Under the Short Titles Act 1896, the Bill was given the official
short title of "The Bill of Rights", without a calendar year suffix.[13]

Augmentation and effect

See also: Glorious Revolution § Legacy

The Bill of Rights was later supplemented by the Act of Settlement 1701 (which was agreed to by the Parliament of Scotland
as part of the Treaty of Union). The Act of Settlement altered the line of succession to the throne laid out in the Bill of Rights.
[14]
However, both the Bill of Rights and the Claim of Right contributed a great deal to the establishment of the concept of
parliamentary sovereignty and the curtailment of the powers of the monarch.[15][16][17] Leading, ultimately, to the establishment
of constitutional monarchy,[18] while also (along with the penal laws) settling the political and religious turmoil that had
convulsed Scotland, England and Ireland in the 17th century.

The Bill of Rights (1689) reinforced the Petition of Right (1628) and the Habaes Corpus Act (1679) by codifying certain rights
and liberties. The rights expressed in these Acts became associated with the idea of the rights of Englishmen,[19] and
described as Fundamental Laws of England. The Bill of Rights directly influenced the 1776 Virginia Declaration of Rights,[nb 3]
which in turn influenced the Declaration of Independence.[20]

Although not a comprehensive statement of civil and political liberties, the Bill of Rights stands as one of the landmark
documents in the development of civil liberties in the United Kingdom and a model for later, more general, statements of
rights;[8] these include the United States Bill of Rights, the French Declaration of the Rights of Man and of the Citizen, the
United Nations Universal Declaration of Human Rights and the European Convention on Human Rights.[21][22] For example,
as with the Bill of Rights 1689, the US Constitution prohibits excessive bail and "cruel and unusual punishment". Similarly,
"cruel, inhuman or degrading treatment or punishment" is banned under Article 5 of the Universal Declaration of Human
Rights and Article 3 of the European Convention on Human Rights.

Legal status
The Bill of Rights remains in statute and continues to be cited in legal proceedings in the United Kingdom and other
Commonwealth realms, particularly Article 9 on parliamentary freedom of speech.[23][24] Following the Perth Agreement in
2011, legislation amending the Bill of Rights and the Act of Settlement 1701 came into effect across the Commonwealth
realms on 26 March 2015 which changed the laws of succession to the British throne.[nb 4]

Part of the Bill of Rights remains in statute in the Republic of Ireland.

United Kingdom
The Bill of Rights applies in England and Wales; it was enacted in the Kingdom of England which at the time included Wales.
Scotland has its own legislation, the Claim of Right Act 1689, passed before the Act of Union between England and Scotland.
There are doubts as to whether, or to what extent, the Bill of Rights applies in Northern Ireland.[23][nb 5]

On 21 July 1995 a libel case brought by Neil Hamilton (then a member of parliament) against The Guardian was stopped after
Justice May ruled that the Bill of Rights' prohibition on the courts' ability to question parliamentary proceedings would prevent
The Guardian from obtaining a fair hearing. Section 13 of the Defamation Act 1996, was subsequently enacted to permit MPs
to waive their parliamentary privilege and thus cite their own speeches if relevant to litigation.[27]

Following the United Kingdom European Union membership referendum in 2016, the Bill of Rights was quoted in a court
ruling on legal challenge seeking a judicial declaration that triggering EU exit must first be authorised by an act of Parliament.
[28][29]

Australia
The ninth article, regarding parliamentary freedom of speech, is actively used in Australia.[23]

Canada
The article on parliamentary freedom of speech is in active use in Canada.[23]

New Zealand
The Bill of Rights was invoked in New Zealand in the 1976 case of Fitzgerald v Muldoon and Others,[30] which centred on the
purporting of newly appointed Prime Minister Rob Muldoon that he would advise the Governor-General to abolish a
superannuation scheme established by the New Zealand Superannuation Act, 1974, without new legislation. Muldoon felt that
the dissolution would be immediate and he would later introduce a bill in parliament to retroactively make the abolition legal.
This claim was challenged in court and the Chief Justice declared that Muldoon's actions were illegal as they had violated
Article 1 of the Bill of Rights, which provides "that the pretended power of dispensing with laws or the execution of laws by
regal authority...is illegal."[31]

Republic of Ireland
The Act was retained in the Republic of Ireland although sections were repealed by the Statute Law Revision Act 2007 section
2(2)(a),[32] and Part 2 of Schedule 1.[33] Section 2(3) of that Act repealed:

all of the Preamble down to "Upon which Letters Elections having been accordingly made"
the seventh paragraph "Subjects’ Arms. That the Subjects which are Protestants may have Arms for their Defence suitable
to their Conditions and as allowed by Law."
all words from "And they doe Claime Demand and Insist" down to, but not including, section 2, bars Roman Catholics from
Crown or Government, succession et cetera.

Modern recognition
Two special designs of commemorative two pound coins were issued in the United Kingdom in 1989 to celebrate the
tercentenary of the Glorious Revolution. One referred to the Bill of Rights and the other to the Claim of Right. Both depict the
Royal Cypher of William and Mary and the mace of the House of Commons, one also shows a representation of the St
Edward's Crown and the other the Crown of Scotland.[34]

In May 2011, the Bill of Rights was inscribed in UNESCO's UK Memory of the World Register.[21][35]

As part of the Parliament in the Making programme, the Bill of Rights was on display at the Houses of Parliament in February
2015.[36]

See also
Toleration Act 1689
English Civil War
Crown and Parliament Recognition Act 1689
The Financial Revolution

Notes
1. ↑ The Act is cited as "The Bill of Rights" in the United Kingdom, as authorised by section 1 of, and the First Schedule to, the
Short Titles Act 1896. Owing to the repeal of those provisions, it is now authorised by section 19(2) of the Interpretation Act
1978. In the Republic of Ireland, it is cited as "The Bill of Rights 1688", as authorised by section 1 of, and the First Schedule to,
the Short Titles Act 1896 (as amended by section 5(a) of the Statute Law Revision Act 2007). The short title of this Act was
previously "The Bill of Rights".
2. ↑ Arguably, this right is subject to continuing derogation in modern times; see, for example, Armed Forces Act and discussion of
the same in Military Covenant.
3. ↑ Section Seven of the Virginia Declaration of Rights reads,
That all power of suspending laws, or the execution of laws, by any authority, without consent of the representatives of the
people, is injurious to their rights and ought not to be exercised.

which strongly echoes the first two "ancient rights and liberties" asserted in the Bill of Rights 1689:
That the pretended power of suspending the 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;

And the Virginia Declaration's Section Nine,

That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

is borrowed word for word from the Bill of Rights 1689.

4. ↑ In Quebec the validity of the Canadian parliament's legislation is under judicial review. Blanchfield, Mike (22 July 2013).
"Quebec government to mount legal challenge to new royal succession law". National Post
5. ↑ The United Kingdom consists of four countries and three distinct legal systems: England and Wales, Scotland and Northern
Ireland.[25][26] These jurisdictions have particular legal considerations of their own, arising from differences in English law, Scots
law and Northern Ireland law.

References
1. ↑ "Britain's unwritten constitution" . British Library. 21. 1 2 "2011 UK Memory of the World Register" . United
Retrieved 27 November 2015. "The key landmark is the Bill Kingdom National Commission for UNESCO. 23 May 2011.
of Rights (1689), which established the supremacy of Retrieved 4 June 2011. "All the main principles of the Bill of
Parliament over the Crown.... The Bill of Rights (1689) then Rights are still in force today, and the Bill of Rights
settled the primacy of Parliament over the monarch’s continues to be cited in legal cases in the UK and in
prerogatives, providing for the regular meeting of Commonwealth countries. It has a primary place in a wider
Parliament, free elections to the Commons, free speech in national historical narrative of documents which established
parliamentary debates, and some basic human rights, most the rights of Parliament and set out universal civil liberties,
famously freedom from ‘cruel or unusual punishment’." starting with Magna Carta in 1215. It also has international
2. ↑ Schwoerer 1990, pp. 531–548. significance, as it was a model for the US Bill of Rights
3. ↑ Anon. 2010, pp. 2–4. 1789, and its influence can be seen in other documents
4. ↑ "Bill of Rights" . British Library. Retrieved 23 June 2015. which establish rights of human beings, such as the
5. ↑ Horwitz 1977, p. 12. Declaration of the Rights of Man, the United Nations
Declaration of Human Rights and the European Convention
6. ↑ Carpenter 1956, pp. 145–46.
on Human Rights."
7. ↑ Williams 1960, pp. 37–39.
22. ↑ "Facts About the Bill of Rights on Its 220th
8. 1 2 "The Convention and Bill of Rights" . UK Parliament.
Anniversary" . History.com. 15 December 2011. Retrieved
Retrieved 2 November 2014.
29 September 2012.
9. ↑ Thatcher 1907, pp. 10.
23. 1 2 3 4 Lock 1997, pp. 540–561.
10. ↑ Williams 1960, pp. 28–29.
24. ↑ Toporoski, Richard (Summer 1996). "Monarchy Canada:
11. ↑ Williams 1960, p. 26.
The Invisible Crown" . Archived from the original on 17
12. ↑ Williams 1960, p. 27.
June 1997.
13. ↑ "Bill of Rights [1688]" . legislation.gov.uk. note X1.
25. ↑ "A Guide to the UK Legal System" . Hauser Global Law
Retrieved 14 July 2015.
School Program, New York University School of Law.
14. ↑ "The Act of Settlement" . UK Parliament. Retrieved
November 2005. Retrieved 16 March 2016.
8 November 2014.
26. ↑ "The Legal System of the United Kingdom" . The
15. ↑ "The Bill of Rights" . British Library. Retrieved
Chartered Institute of Legal Executives. Retrieved
27 November 2015. "This vigorous assertion of the rights of
16 March 2016.
the subject meant that the Bill of Rights is often seen as
27. ↑ Alexander Horne; Oonagh Gay (21 May 2014). "Ending
parallel in importance with Magna Carta itself."
the Hamilton Affair?" . UK Constitutional Law Association
16. ↑ "Rise of Parliament" . The National Archives. Retrieved
Blog. Retrieved 19 March 2015.
22 August 2010. "Although the Bill of Rights attacked the
28. ↑ "Miller & Anor, R (On the Application Of) v The Secretary
abuse of prerogative power rather than prerogative power
of State for Exiting the European Union [2016] EWHC 2768
itself, it had the virtue of enshrining in statute what many
(Admin) (03 November 2016)" . England and Wales High
regarded as ancient rights and liberties. However, some
Court (Administrative Court) Decisions. 3 November 2016.
historians maintain that a more profound change in the
Retrieved 4 November 2016. "This subordination of the
relationship between sovereign and Parliament emerged as
Crown (i.e. the executive government) to law is the
a result of the financial settlement that Parliament
foundation of the rule of law in the United Kingdom. It has
negotiated with William and Mary."
its roots well before the war between the Crown and
17. ↑ "Constitutionalism: America & Beyond" . Bureau of
Parliament in the seventeenth century but was decisively
International Information Programs (IIP), U.S. Department
confirmed in the settlement arrived at with the Glorious
of State. Retrieved 30 October 2014. "The earliest, and
Revolution in 1688 and has been recognised ever since,
perhaps greatest, victory for liberalism was achieved in
Sir Edward Coke reports the considered view of himself
England. The rising commercial class that had supported
and the senior judges of the time in The Case of
the Tudor monarchy in the 16th century led the
Proclamations (1610) 12 Co. Rep. 74, that:
revolutionary battle in the 17th, and succeeded in
"the King by his proclamation or other ways cannot change
establishing the supremacy of Parliament and, eventually,
any part of the common law, or statute law, or the customs
of the House of Commons. What emerged as the distinctive
of the realm"
feature of modern constitutionalism was not the insistence
and that:
on the idea that the king is subject to law (although this
"the King hath no prerogative, but that which the law of the
concept is an essential attribute of all constitutionalism).
land allows him."
This notion was already well established in the Middle
The position was confirmed in the first two parts of section
Ages. What was distinctive was the establishment of
1 of the Bill of Rights 1688:
effective means of political control whereby the rule of law
"Suspending power - That the pretended power of
might be enforced. Modern constitutionalism was born with
suspending of laws or the execution of laws by regall
the political requirement that representative government
authority without consent of Parlyament is illegall.
depended upon the consent of citizen subjects.... However,
Late dispensing power - That the pretended power of
as can be seen through provisions in the 1689 Bill of
dispensing with laws or the execution of laws by regall
Rights, the English Revolution was fought not just to protect
authoritie as it hath beene assumed and exercised of late is
the rights of property (in the narrow sense) but to establish
illegall.""
those liberties which liberals believed essential to human
29. ↑ "Brexit court ruling: Your questions answered" . BBC.
dignity and moral worth. The "rights of man" enumerated in
Retrieved 4 November 2016.
the English Bill of Rights gradually were proclaimed beyond
30. ↑ "The Constitutional Setting" . States Services
the boundaries of England, notably in the American
Commission, New Zealand. Archived from the original on
Declaration of Independence of 1776 and in the French
16 October 2008.
Declaration of the Rights of Man in 1789."
31. ↑ "The legitimacy of judicial review of executive decision-
18. ↑ Walker 2009, p. 2: "thereby establishing a constitutional
making" . New Zealand Law Society. Archived from the
monarchy".
original on 4 February 2010.
19. ↑ Billias 2011, p. 54.
32. ↑ "Statute Law Revision Act 2007 Section 2" . Irish
20. ↑ Maier 1997, pp. 126–28.
Statute Book.
33. ↑ "Statute Law Revision Act 2007 Schedule 1" . Irish
Statute Book.
34. ↑ "Two Pound Coin" . The Royal Mint. Retrieved
15 February 2015.
35. ↑ "Life, death and everything in between" . UK
Parliament. 23 May 2011. Retrieved 4 June 2011.
36. ↑ "Magna Carta & Parliament Exhibition" . UK
Parliament. Retrieved 15 February 2015.

Bibliography
Anon. (2010). "The Glorious Revolution" . Factsheet General Series. G4. House of Commons Information Office.
Billias, George Athan (2011). American constitutionalism heard round the world, 1776-1989 : a global perspective . New
York: New York University Press. ISBN 9780814725177.
Blick, Andrew (2015). "Magna Carta and contemporary constitutional change" . History and Policy.
Carpenter, Edward (1956). The Protestant Bishop. Being the Life of Henry Compton, 1632–1713. Bishop of London.
London: Longmans, Green and Co. OCLC 1919768 .
Horwitz, Henry (1977). Parliament, Policy and Politics in the Reign of William III. Manchester University Press. ISBN 978-
0-7190-0661-6.
Lock, Geoffrey (1989). "The 1689 Bill of Rights" . Political Studies. 37 (4): 540–561. doi:10.1111/j.1467-
9248.1989.tb00288.x .
Maier, Pauline (1997). American Scripture: Making the Declaration of Independence. New York: Knopf. ISBN 0-679-
45492-6.
Schwoerer, Lois G. (1990). "Locke, Lockean Ideas, and the Glorious Revolution". Journal of the History of Ideas.
University of Pennsylvania Press. 51 (4). JSTOR 2709645 .
Thatcher, Oliver Joseph (ed.) (1907). The library of original sources . University Research Extension.
Walker, Aileen; Gay, Oonagh; Maer, Lucinda (2009). "Bill of Rights 1689" . House of Commons Library.
Williams, E. N. (1960). The Eighteenth-Century Constitution. 1688–1815. Cambridge University Press. OCLC 1146699 .

External links
Text of the Bill of Rights Yale Law School Law Library Wikisource has original text
Text of the Bill of Rights 1689 as in force today (including any amendments) related to this article:
Bill of Rights 1689
within the United Kingdom, from legislation.gov.uk
The Parliamentary Archives holds the original document Wikimedia Commons has
media related to English Bill
of Rights of 1689 .

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