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The Declaration of Right, or Declaration of Rights, is a document produced by the
English Parliament The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the great council of bishops and peers that advised ...
, following the 1688
Glorious Revolution The Glorious Revolution; gd, Rèabhlaid Ghlòrmhor; cy, Chwyldro Gogoneddus , also known as the ''Glorieuze Overtocht'' or ''Glorious Crossing'' in the Netherlands, is the sequence of events leading to the deposition of King James II and ...
. It sets out the wrongs committed by the exiled James II, the rights of English citizens, and the obligation of their monarch. On 13 February 1689, it was read out to James' daughter,
Mary Mary may refer to: People * Mary (name), a feminine given name (includes a list of people with the name) Religious contexts * New Testament people named Mary, overview article linking to many of those below * Mary, mother of Jesus, also call ...
, and her husband, William of Orange, when they were jointly offered the throne, although not made a condition of acceptance. The Declaration itself was a tactical compromise between Whig and
Tories A Tory () is a person who holds a political philosophy known as Toryism, based on a British version of traditionalism and conservatism, which upholds the supremacy of social order as it has evolved in the English culture throughout history. The ...
; it established grievances, without agreeing their cause, or solution.


Background

The first Stuart monarch,
James VI and I James VI and I (James Charles Stuart; 19 June 1566 – 27 March 1625) was King of Scotland as James VI from 24 July 1567 and King of England and Ireland as James I from the union of the Scottish and English crowns on 24 March 1603 until h ...
, sought to combine the three separate kingdoms of Scotland, Ireland, and England into a centralised British state, under a monarch whose authority came from God, and the duty of
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
and his subjects was to obey. Their attempts to enforce this led to the 1638 to 1651
Wars of the Three Kingdoms The Wars of the Three Kingdoms were a series of related conflicts fought between 1639 and 1653 in the kingdoms of England, Scotland and Ireland, then separate entities united in a personal union under Charles I. They include the 1639 to 1640 Bi ...
and execution of
Charles I Charles I may refer to: Kings and emperors * Charlemagne (742–814), numbered Charles I in the lists of Holy Roman Emperors and French kings * Charles I of Anjou (1226–1285), also king of Albania, Jerusalem, Naples and Sicily * Charles I of ...
in 1649; the political conflict continued after the
1660 Restoration The Restoration of the Stuart monarchy in the kingdoms of England, Scotland and Ireland took place in 1660 when King Charles II returned from exile in continental Europe. The preceding period of the Protectorate and the civil wars came to ...
. 17th century society valued conformity, stability, and predictability.
James James is a common English language surname and given name: *James (name), the typically masculine first name James * James (surname), various people with the last name James James or James City may also refer to: People * King James (disambiguati ...
became king in 1685 with widespread backing from both Tories and Whigs, since the principle of hereditary succession was more important than his personal Catholicism. His religious reforms threatened to re-open the bitter conflicts of the past, and were viewed by Tories in particular as breaking his coronation oath, in which he swore to uphold the primacy of the Church of England. A direct threat to a society based on such oaths, it also brought back memories of his predecessors, who continually made commitments they later broke. In the 17th century, close links between religion and politics meant 'good government' required 'true religion', while society valued uniformity and stability; 'tolerance' was generally viewed as negative, since it undermined those values. For the same reason,
Louis XIV of France , house = Bourbon , father = Louis XIII , mother = Anne of Austria , birth_date = , birth_place = Château de Saint-Germain-en-Laye, Saint-Germain-en-Laye, France , death_date = , death_place = Palace of Ve ...
gradually tightened controls on
Protestants Protestantism is a branch of Christianity that follows the theological tenets of the Protestant Reformation, a movement that began seeking to reform the Catholic Church from within in the 16th century against what its followers perceived to b ...
, who comprised 10% of the French population in 1600; the October 1685
Edict of Fontainebleau The Edict of Fontainebleau (22 October 1685) was an edict issued by French King Louis XIV and is also known as the Revocation of the Edict of Nantes. The Edict of Nantes (1598) had granted Huguenots the right to practice their religion without s ...
sent an estimated 200,000 to 400,000 into exile, 40,000 of whom settled in London. His expansionist policies threatened Protestant powers like England, the
Dutch Republic The United Provinces of the Netherlands, also known as the (Seven) United Provinces, officially as the Republic of the Seven United Netherlands (Dutch: ''Republiek der Zeven Verenigde Nederlanden''), and commonly referred to in historiography ...
, and Denmark-Norway; when the Edict was followed by the killing of 2,000 Vaudois Protestants in 1686, this led to fears Protestant Europe was threatened by a Catholic
Counter-Reformation The Counter-Reformation (), also called the Catholic Reformation () or the Catholic Revival, was the period of Catholic resurgence that was initiated in response to the Protestant Reformation. It began with the Council of Trent (1545–1563) ...
. Historians generally accept James wished to promote Catholicism, not establish an absolutist state, but his inflexible reaction to opposition had the same result. When Parliament refused to repeal the 1678 and 1681
Test Act The Test Acts were a series of English penal laws that served as a religious test for public office and imposed various civil disabilities on Roman Catholics and nonconformists. The underlying principle was that only people taking communion in ...
s, it was dismissed; attempts to rule by decree, and form a 'King's party' of Catholics and
English Dissenters English Dissenters or English Separatists were Protestant Christians who separated from the Church of England in the 17th and 18th centuries. A dissenter (from the Latin ''dissentire'', "to disagree") is one who disagrees in opinion, belief an ...
, undermined his own supporters. The result was the 1688
Glorious Revolution The Glorious Revolution; gd, Rèabhlaid Ghlòrmhor; cy, Chwyldro Gogoneddus , also known as the ''Glorieuze Overtocht'' or ''Glorious Crossing'' in the Netherlands, is the sequence of events leading to the deposition of King James II and ...
.


Political context

A key aspect of Stuart ideology was the
Divine right of kings In European Christianity, the divine right of kings, divine right, or God's mandation is a political and religious doctrine of political legitimacy of a monarchy. It stems from a specific metaphysical framework in which a monarch is, before ...
, which successive monarchs from
James I James I may refer to: People *James I of Aragon (1208–1276) * James I of Sicily or James II of Aragon (1267–1327) * James I, Count of La Marche (1319–1362), Count of Ponthieu *James I, Count of Urgell (1321–1347) *James I of Cyprus (1334– ...
to his grandson James II used to argue their actions and decisions were not subject to 'interference', whether by Parliament, the courts, or the church. However, although the king himself might be above the law, his servants were not, and thus could be prosecuted for illegal acts, even if they were only carrying out Royal instructions. In addition, the Anglican doctrine of
passive obedience Passive obedience is a religious and political doctrine, which states that people have a moral duty to obey the law, in particular accepting punishment as part of this obedience. George Berkeley The most notable publication describing this doctr ...
did not mean submission to 'unjust' laws, but accepting punishment for breaking them, as with the Seven Bishops. Modern historians argue James failed to appreciate the extent to which Royal power relied at the local level on the
Landed gentry The landed gentry, or the ''gentry'', is a largely historical British social class of landowners who could live entirely from rental income, or at least had a country estate. While distinct from, and socially below, the British peerage, th ...
, and the loss of that support fatally damaged his regime. Differences between Tories and Whigs are often overstated, since Tory elements within the Royal Army, like
Charles Trelawny Major General Charles Trelawny, also spelt 'Trelawney', (1653 – 24 September 1731) was an English soldier from Cornwall who played a prominent part in the 1688 Glorious Revolution, and was a Member of Parliament for various seats between 1685 ...
, brother of one of the Seven Bishops, were instrumental in deposing James, while the
Act of Settlement 1701 The Act of Settlement is an Act of the Parliament of England that settled the succession to the English and Irish crowns to only Protestants, which passed in 1701. More specifically, anyone who became a Roman Catholic, or who married one, be ...
which excluded the Catholic Stuart exiles from the throne was passed by a Tory government. In 1689, both factions generally agreed the king was bound to observe the law; the real battle was how and on what grounds James could be removed from the throne, possibly the most radical result of the Revolution. The Declaration of Right was essentially a conservative document, which contained two main parts: a list of the wrongs, or grievances, committed by James, and 13 clauses establishing limits on Royal power and authority.


Grievances

Note: In the following, quotation of the original text is in italic type, and the paraphrase is in roman. Whereas the late King James the Second, by the assistance of anyevil counsellors, judges and ministers employed by him, did endeavour to subvert and extirpate the Protestant religion and the laws and liberties of this kingdom... # By dispensing and suspending laws without the consent of Parliament. ''By assuming and exercising a power of dispensing with and suspending of laws and the execution of laws without consent of Parliament.'' # By prosecuting people for protesting the King's reign. ''By committing and prosecuting divers worthy prelates for humbly petitioning to be excused from concurring to the said assumed power.'' # By creating and using an organization affiliated with the Catholic Church. ''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 the use of funds by Crown for other purposes than the funds were originally granted for by Parliament. ''By levying money for and to the use of the Crown by the pretense of prerogative for other time and in another manner than the same was granted by Parliament.'' # By keeping a standing army in peacetime without the consent of Parliament. ''By raising and keeping a standing army within this kingdom in time of peace without consent of Parliament, and quartering soldiers contrary to law.'' # By stripping Protestants of arms and, at the same time, arming Catholics. ''By causing several good subjects being Protestants to be disarmed at the same time when papists were both armed and employed contrary to law.'' # By not allowing for the free elections of Parliament. ''By violating the freedom of election of members to serve in Parliament.'' # By doing parliament's business and illegally prosecuting those against him. ''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 placing corrupt jurors in court to pass judgment and placing jurors without land holdings in courts of high treason. ''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.'' # By requiring excessive bail charges. ''And excessive bail hath been required of persons committed in criminal cases to elude the benefit of the laws made for the liberty of the subjects.'' # By imposing excessive fines. ''And excessive fines have been imposed.'' # By inflicting cruel and illegal punishments. ''And illegal and cruel punishments inflicted.'' # By imposing fines and seizing the property of people before their conviction. ''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 of which are utterly and directly contrary to the known laws and statutes and freedom of this realm.


The 13 clauses limiting the power of the Crown

# The power of suspending and executing laws rests in the hands of Parliament. ''That the pretended power of suspending the laws or the execution of laws by regal authority without consent of Parliament is illegal.'' # The Crown does not have the legal authority to dispense or execute laws. ''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.'' # The
establishment Establishment may refer to: * The Establishment, a dominant group or elite that controls a polity or an organization * The Establishment (club), a 1960s club in London, England * The Establishment (Pakistan), political terminology for the military ...
of any institution of the Catholic Church 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.'' # The imposition of any taxes by the Crown without the permission of Parliament is illegal. ''That levying of 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.'' # The citizens have the
right to petition The right to petition government for redress of grievances is the right to make a complaint to, or seek the assistance of, one's government, without fear of punishment or reprisals. In Europe, Article 44 of the Charter of Fundamental Rights o ...
the king without fear of repercussions. ''That it is the right of the subjects to petition the king, and all commitments and prosecutions for such petitioning are illegal.'' # A standing army at peacetime without the consent of Parliament is 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.'' # All Protestants have the
right to bear arms The right to keep and bear arms (often referred to as the right to bear arms) is a right for people to possess weapons (arms) for the preservation of life, liberty, and property. The purpose of gun rights is for self-defense, including securi ...
for defence. These'' the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law.'' # Parliament should be freely elected. ''That election of members of Parliament ought to be free''. # Members of Parliament have the
freedom of speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogn ...
and their proceedings should not be questioned in any place outside of Parliament. ''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.'' # Bail fees,
excessive fines The Eighth Amendment (Amendment VIII) to the United States Constitution protects against imposing excessive bail, excessive fines, or cruel and unusual punishments. This amendment was adopted on December 15, 1791, along with the rest of the ...
, and unusual punishments are illegal. ''That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.'' # All trials now require the presence of jurors and all jurors for trials of high treason must be land owners. ''That jurors ought to be duly impanelled and returned, and jurors which pass upon men in trials for high treason ought to be freeholders.'' # It is illegal to fine or seize the property of any person who has not been convicted and all previous fines and seizures are void. ''That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void.'' # Parliament should be held frequently to uphold the laws. ''And that for redress of all grievances, and for the amending, strengthening and preserving of the laws, Parliaments ought to be held frequently.''


Results

At their coronation on 11 April 1689, William and Mary swore to govern according to "the statutes in Parliament agreed on" instead of by "the laws and customs ... granted by the Kings of England", thus ending the threat of an absolutist reign. This non-violent overthrow of the monarch is known as the
Glorious Revolution The Glorious Revolution; gd, Rèabhlaid Ghlòrmhor; cy, Chwyldro Gogoneddus , also known as the ''Glorieuze Overtocht'' or ''Glorious Crossing'' in the Netherlands, is the sequence of events leading to the deposition of King James II and ...
. The Declaration of Right was written into the English
Bill of Rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...
; it became law in December 1689 and is now considered part of the
Constitution of the United Kingdom The constitution of the United Kingdom or British constitution comprises the written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. Unlike in most countries, no attemp ...
. Some scholars have argued that the Glorious Revolution strengthened finances: "Douglas North and Barry Weingast's seminal account of the Glorious Revolution argued that specific constitutional reforms enhanced the credibility of the English Crown, leading to much stronger public finances." Other scholars argue that the Glorious Revolution was a turning point in history, starting the age of constitutionalism. The format of a Declaration enumerating various specific wrongs attributed to a King was followed a century later in the
American Declaration of Independence The United States Declaration of Independence, formally The unanimous Declaration of the thirteen States of America, is the pronouncement and founding document adopted by the Second Continental Congress meeting at Pennsylvania State House ( ...
- whose authors were clearly familiar with the 1689 document.


See also

*
Crown and Parliament Recognition Act 1689 The Crown and Parliament Recognition Act 1689 (2 Will & Mary c 1) was an Act of the Parliament of England, passed in 1690. It was designed to confirm the succession to the throne of King William III and Queen Mary II of England and to confirm th ...
*
Financial Revolution The Financial Revolution was a set of economic and financial reforms in Britain after the Glorious Revolution in 1688 when William III invaded England. The reforms were based in part on Dutch economic and financial innovations that were brought t ...
* Toleration Act 1689


Notes


References


Sources

* * * * * * * * * *"English Declaration of Rights". ''The Avalon Project''. Yale University. {{DEFAULTSORT:Declaration of Rights, The 1689 in England Acts of the Parliament of England Glorious Revolution 1689 in politics 17th-century documents