Declaration of Right, 1689 facts for kids

The Declaration of Right is a special document created by the English Parliament after the 1688 Glorious Revolution. It explained the wrong things done by the previous king, James II, and listed the rights of English citizens. It also set out what the new king and queen, William of Orange and Mary, had to do.

On February 13, 1689, this Declaration was read to Mary and William when they were offered the throne.

The Declaration itself was a smart agreement between two main political groups, the Whigs and the Tories. It listed many complaints without fully agreeing on why they happened or how to fix them.

Why the Declaration Was Needed

James II of England was the king before William and Mary.

The first kings from the House of Stuart, like James VI and I, wanted to join England, Scotland, and Ireland into one big country. They believed the king's power came directly from God, and that Parliament and the people should just obey. This idea led to big fights, including wars and the execution of King Charles I in 1649. Even after the king was brought back in 1660, the arguments continued.

In the 1600s, people valued order and knowing what to expect. When James became king in 1685, many people supported him. This was because they believed it was important for the next person in line to the throne to become king, even though James was Catholic.

However, King James started making religious changes that worried many people. They feared these changes would bring back the bitter conflicts of the past. Many people, especially the Tories, felt he was breaking his promise to support the Church of England, which he made when he became king. This was a big deal because society was built on such promises.

In the 1600s, religion and politics were closely linked. People thought a "good government" needed a "true religion." Most people didn't like the idea of "tolerance" for different religions because they thought it would cause problems. For example, in France, King Louis XIV of France made life harder for Protestants. In 1685, he forced many Protestants to leave France. About 40,000 of them came to London. This made people in England, the Dutch Republic, and Denmark worry that Catholic countries were trying to take over Protestant ones.

Historians generally believe King James wanted to help Catholicism, not become an all-powerful ruler. But his strong reactions to anyone who disagreed with him had the same effect. When Parliament refused to get rid of certain laws (the Test Acts), he sent them home. He tried to rule by himself and create a group of supporters from Catholics and other Protestants who disagreed with the Church of England. This upset his own supporters. All of this led to the 1688 Glorious Revolution.

Royal Power and Parliament

A main idea for the House of Stuart kings, from James I to James II, was the Divine right of kings. This meant they believed their actions and decisions should not be questioned by Parliament, the courts, or the church. However, even if the king was above the law, his helpers were not. They could be punished for illegal actions, even if the king told them to do it.

Also, the Church of England taught that people should obey the king, but this didn't mean they had to follow "unfair" laws. It meant they should accept punishment if they broke those laws, like the Seven Bishops did. Many historians say that King James didn't understand how much royal power depended on local landowners. Losing their support greatly weakened his rule.

The Declaration of Right was a careful document. It had two main parts: a list of the wrongs King James had done, and 13 rules that limited the king's power and authority.

Complaints Against King James

Here are some of the complaints against King James II, which the Declaration listed:

The Declaration said that King James II, with the help of bad advisors, judges, and ministers, tried to destroy the Protestant religion and the laws and freedoms of England.

1. By ignoring laws without Parliament's permission. By assuming and exercising a power of dispensing with and suspending of laws and the execution of laws without consent of Parliament.
2. By punishing people for speaking out against the King. By committing and prosecuting divers worthy prelates for humbly petitioning to be excused from concurring to the said assumed power.
3. By creating a special court linked to 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.
4. By using money for purposes other than what Parliament approved. 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.
5. By keeping an army in peacetime without Parliament's approval. By raising and keeping a standing army within this kingdom in time of peace without consent of Parliament, and quartering soldiers contrary to law.
6. By taking weapons from Protestants while giving them to 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.
7. By not allowing free elections for Parliament. By violating the freedom of election of members to serve in Parliament.
8. By handling Parliament's business and unfairly punishing those who opposed 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.
9. By using unfair or unqualified jurors in trials, especially for serious crimes. 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.
10. By demanding too much money for bail. 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.
11. By making people pay too much in fines. And excessive fines have been imposed.
12. By giving out unfair and harsh punishments. And illegal and cruel punishments inflicted.
13. By taking people's money or property before they were found guilty. 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 these actions were completely against the known laws, rules, and freedoms of England.

Rules Limiting the King's Power

Here are the 13 rules that limited the power of the king:

1. Only Parliament can stop or carry out laws. That the pretended power of suspending the laws or the execution of laws by regal authority without consent of Parliament is illegal.
2. The king does not have the right to ignore or change laws on his own. 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.
3. Creating any Catholic Church institution by the king is against the law. 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.
4. The king cannot collect any taxes without Parliament's permission. 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.
5. Citizens have the right to petition the king without fear of punishment. That it is the right of the subjects to petition the king, and all commitments and prosecutions for such petitioning are illegal.
6. Keeping a standing army in peacetime without Parliament's approval is against the law. 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.
7. All Protestants can have weapons for their protection, as allowed by law. These the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law.
8. Members of Parliament should be chosen in free elections. That election of members of Parliament ought to be free.
9. Members of Parliament can speak freely, and their discussions should not be questioned outside 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.
10. Bail fees that are too high, excessive fines, and unusual punishments are illegal. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
11. All trials must now have jurors, and for serious crimes like treason, jurors must own land. That jurors ought to be duly impanelled and returned, and jurors which pass upon men in trials for high treason ought to be freeholders.
12. It is illegal to fine or take property from someone before they have been found guilty. All past fines and seizures like this are now invalid. That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void.
13. Parliament should meet often to make sure laws are followed and improved. And that for redress of all grievances, and for the amending, strengthening and preserving of the laws, Parliaments ought to be held frequently.

What Happened Next

When William and Mary became king and queen on April 11, 1689, they promised to rule according to "the statutes in Parliament agreed on." This was different from previous kings who ruled by "the laws and customs... granted by the Kings of England." This change meant the end of a king ruling with absolute power. This peaceful change of power is known as the Glorious Revolution.

The Declaration of Right was later included in the English Bill of Rights. It became a law in December 1689 and is now an important part of the Constitution of the United Kingdom.

Some experts believe the Glorious Revolution helped England's money situation. They say that the new rules made the English Crown more trustworthy, which led to stronger public finances. Other experts think the Glorious Revolution was a major turning point in history, starting the age of ruling by a constitution (a set of laws that limit government power).

The idea of listing specific wrongs done by a king was also used about a hundred years later in the American Declaration of Independence. The people who wrote it clearly knew about the 1689 document.

See also

• Crown and Parliament Recognition Act 1689
• Financial Revolution
• Toleration Act 1689

Sources

• "English Declaration of Rights". The Avalon Project. Yale University.