Extract 3: Enrolment of the Declaration of the 12 February of the Lords Spiritual and Temporal and Commons [the ‘Declaration of Rights’], with the king’s answer. Catalogue ref: C 212/18/1
This document is the Declaration of Rights, also known as the Bill of Rights, which was created by the English Parliament in February 1689. It established the rights of the English citizens and the responsibilities of the monarchy.
The Ecclesiastical Commission was an English court of enquiry set up by James II in July 1686. It was given jurisdiction over the governance of the Church of England and allowed to try offences punishable under church law. It was designed to remove any opposition to James II’s religious policy favouring a return to Catholicism.
Transcript
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 Court of Commissioners for Ecclesiastical Causes, and all other commissions and courts of like nature, are illegal and pernicious.
That levying money [raising taxes] 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 impanelled [selected] 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 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 to them, and that the sole and full exercise of the 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 same kingdoms and dominions to be to the heirs of the body of the said princess, and for default of such issue to the Princess 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 Commons do pray the said prince and princess to accept the same accordingly.
- In your opinion, what are the three most important reasons given for James II’s overthrow?
- The document states: ‘he said late King James the Second having abdicated the government and the throne being thereby vacant’. Is this accurate? Why might the word ‘abdicated’ be used here?
- How is the monarchy’s power limited through this bill?
- In what ways does this bill protect the rights of English citizens?
- What role does religion play in this bill?
- How does the document represent a compromise between king and parliament?
- What challenges does this document present to researchers being a fragile, parchment roll?
- What measures can be put in place to protect this document?