Bill of Rights 1689
Act of Parliament establishing basic civil rights and succession rules.
The Bill of Rights 1689 is an act of the Parliament of England that established fundamental civil liberties and altered the line of succession to the English throne. It remains a key piece of English constitutional law. Drawing heavily on the political philosophy of John Locke, the act requires the Crown to obtain the consent of the people, as represented in Parliament. It limits royal power, affirms parliamentary rights—such as regular sessions, free elections, and parliamentary privilege—and lists individual rights, including protection from cruel and unusual punishment and from taxation without Parliament’s approval. The document also condemns specific abuses by King James II.
The Bill received royal assent on 16 December 1689. It is a statutory version of the Declaration of Right, which the Convention Parliament presented to William III and Mary II in February 1689, inviting them to become joint sovereigns after James II was declared to have abdicated. In the UK, it is considered a foundational text of the uncodified constitution, alongside Magna Carta, the Petition of Right, the Habeas Corpus Act 1679, and the Parliament Acts of 1911 and 1949. A similar act, the Claim of Right Act 1689, applies in Scotland. The Bill served as a model for the United States Bill of Rights, the United Nations Declaration of Human Rights, and the European Convention on Human Rights. Together with the Act of Settlement 1701, it remains in force across Commonwealth realms, as amended by the Perth Agreement.
During the 17th century, interest in Magna Carta revived. Parliament passed the Petition of Right in 1628, securing certain liberties. The English Civil War (1642–1651) saw conflict between the king and an elected Parliament, with debates over a new constitution at the Putney Debates of 1647. Parliament was largely subdued under the Protectorate (1653–1659) and most of Charles II’s reign from 1660. However, with the growth of printed pamphlets and support from the City of London, Parliament managed to curb some executive excesses, such as the Cabal ministry’s Secret Treaty of Dover, which allied England with France against the Dutch. It had already passed the Habeas Corpus Act 1679, reinforcing the rule against detention without sufficient cause.
Objecting to King James II’s policies, a group of English Parliamentarians invited William of Orange to invade. His successful Dutch fleet and army forced James to flee to France. In December 1688, peers appointed William as provisional governor, a move considered constitutional if the monarch was incapacitated. They summoned an assembly of MPs, which called for an elected Convention Parliament, convening on 22 January 1689.
The idea of drafting a statement of rights and James’s violations was raised on 29 January 1689 in the House of Commons. Members argued they could not answer to the nation or Prince of Orange without declaring the invaded rights, and that William would not object to conditions securing their future. On 2 February, a committee reported 23 Heads of Grievances, which the Commons approved and expanded. On 4 February, the Commons directed the committee to separate “introductory of new laws” from “declaratory of ancient rights.” On 7 February, the Commons approved the revised Declaration of Right, and on 8 February instructed the committee to combine the Declaration, the 29 January resolution, and the Lords’ proposed oath of allegiance into a single text. It passed without division.
On 13 February, the clerk of the House of Lords read the Declaration of Right. The Marquess of Halifax, on behalf of all estates, asked William and Mary to accept the throne. William replied, “We thankfully accept what you have offered us.” They processed to the Great Gate at Whitehall, where Garter King of Arms proclaimed them King and Queen of England, France, and Ireland. They then adjourned to the Chapel Royal, with the Bishop of London preaching. Crowned on 11 April, they swore an oath to uphold parliamentary laws, as provided by the Coronation Oath Act 1688, which replaced a more monarch-deferring oath.
- field
- Constitutional law
- jurisdiction
- England (later United Kingdom)
- key_provisions
- Limits on monarch's power, rights of Parliament, individual rights including prohibition of cruel and unusual punishment
Lore & Background
They accepted and were crowned on 11 April, swearing an oath to uphold laws made by Parliament. The Act asserted 'certain ancient rights and liberties' by declaring illegal the pretended power of suspending laws without Parliament's consent, levying taxes without Parliament's grant, and keeping a standing army in peacetime without Parliament's consent. It also affirmed the right of subjects to petition the king, free elections, freedom of speech in Parliament, and prohibited cruel and unusual punishments. The Act declared James's flight an abdication and listed twelve of his policies designed to 'subvert and extirpate the protestant religion, and the laws and liberties of this kingdom.'
Reader's Guide
The Bill of Rights 1689 established fundamental constitutional principles by requiring the Crown to obtain Parliament’s consent for taxation and legislation, affirming the right to regular parliaments and free elections, and guaranteeing individual liberties such as protection from cruel and unusual punishment. It also changed the succession to the English Crown, displacing James II. The Act was a statutory restatement of the Declaration of Right, which the Convention Parliament presented to William III and Mary II in February 1689, inviting them to become joint sovereigns after James II was deemed to have abdicated. The Bill condemned several misdeeds of James II and set limits on monarchical power while establishing parliamentary privilege and the right not to pay taxes levied without parliamentary approval. Largely based on the ideas of John Locke, it remains a crucial statute in English constitutional law, considered a basic document of the uncodified British constitution alongside Magna Carta, the Petition of Right, the Habeas Corpus Act 1679, and the Parliament Acts. Its influence extended globally, serving as a model for the United States Bill of Rights, the United Nations Declaration of Human Rights, and the European Convention on Human Rights. A separate but similar document, the Claim of Right Act 1689, applies in Scotland. Along with the Act of Settlement 1701, it remains in effect within all Commonwealth realms, as amended by the Perth Agreement.
Did You Know?
- The Act declared James II's flight from England to be an abdication of the throne.
- It lists twelve specific policies of James II that were condemned as designed to subvert Protestant religion and laws.
The Political Storm That Forged the Bill
The seventeenth century in England was defined by escalating tension between crown and parliament. The growth of printed pamphlets and the backing of the City of London eventually helped Parliament check executive overreach, including the secret alliance with France brokered by the Cabal ministry. Against this backdrop, a group of English Parliamentarians, alarmed by James II's policies, invited the Dutch stadtholder William of Orange-Nassau to intervene. William's successful invasion with a Dutch fleet and army forced James to flee to France.
From Grievances to a New Coronation Oath
On 2 February, a specially convened committee reported twenty-three Heads of Grievances to the Commons, which the House approved and supplemented with additions of its own. By 4 February, the Commons directed the committee to separate provisions that would introduce new laws from those merely declaring ancient rights. The revised Declaration of Right was approved on 7 February, and on 8 February the committee was instructed to merge the Declaration, the resolution of 29 January, and the Lords' proposal for a revised oath of allegiance into a single text. It passed the Commons without a single dissenting vote. On 13 February, the clerk of the House of Lords read the Declaration, and the Marquess of Halifax, speaking for all estates of the realm, asked William and Mary to accept the throne. They accepted, and a procession led them to the Great Gate at Whitehall. In the Banqueting House, the Garter King of Arms proclaimed them King and Queen of England, France, and Ireland.
The Substantive Architecture of the Act
It set firm limits on monarchical power while simultaneously codifying the rights of Parliament, including the guarantee of regular sessions, free elections, and parliamentary privilege. On the individual-rights front, the Act prohibited cruel and unusual punishment and affirmed the right of subjects not to be taxed without parliamentary approval. It also explicitly described and condemned the misdeeds of James II, whose displacement was framed as an abdication that left the throne vacant. In its assertion that the pretended power to suspend or dispense with laws by regal authority without parliamentary consent was illegal, the Bill anchored a principle that would define the balance of power in English constitutional law for centuries to come.
A Blueprint That Crossed Oceans and Centuries
The Act's influence, however, extended far beyond the British Isles. It served as one of the models used to draft the United States Bill of Rights, and its principles also informed the United Nations Declaration of Human Rights and the European Convention on Human Rights.
Frequently Asked Questions
What are Bill of Rights 1689's powers and role?
Its core function is to impose constitutional limits on the monarch's authority, affirm Parliament's right to legislate and levy taxation, and safeguard individual freedoms such as parliamentary free speech and protection against cruel and unusual punishment. In practice it requires the Crown to govern only with the consent of the people as expressed through Parliament.
How does Bill of Rights 1689's story end?
It has no traditional 'ending'; the statute remains in force as a living piece of English constitutional law. Its provisions continue to define the balance of power between the Crown and Parliament within the United Kingdom today.
Why is Bill of Rights 1689 important?
It represents the decisive legal break from absolute monarchy, establishing that sovereign power must operate within limits set by a representative legislature. Its influence on later democratic constitutions around the world makes it one of the most frequently cited foundational texts in constitutional law.
Who is the 'creator' behind Bill of Rights 1689?
Although formally enacted by the Parliament of England under William and Mary, the intellectual architecture draws heavily on the political philosophy of John Locke, especially his arguments about natural rights and the need for governmental consent. The act is thus a collaborative product of parliamentary drafters and Lockean theory.
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