APPENDIX I

THE ENGLISH BILL OF RIGHTS

The English Bill of Rights is the first major legal document whose main purpose is to limit the powers of government.

The Declaration of Right was enacted in an Act of Parliament, the Bill of Rights 1689, which received the Royal Assent in December 1689. The Act asserted "certain ancient rights and liberties" by declaring that:

• 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 petitionthe 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;
• 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 or unusual punishments be 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 also declared James II’s 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 "endeavor to subvert and extirpate the protestant religion, and the laws and liberties of this kingdom". These were:

• 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 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 (diverse) 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.

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