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The Declaration of Right, or Declaration of Rights, is a document produced by the English Parliament, following the 1688 Glorious Revolution. 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, and her husband, William of Orange, when they were jointly offered the throne, although not made a condition of acceptance. [1]
The Declaration itself was a tactical compromise between Whigs and Tories; it put forth a set of grievances, without agreeing to their cause or solution. [2]
The first Stuart monarch, James VI and I, 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 and his subjects was to obey. This premise was continued under his son and successor Charles I. [3] Their attempts to enforce this led to the 1638 to 1651 Wars of the Three Kingdoms and execution of Charles I in 1649; the political conflict continued after the 1660 Restoration. [4]
17th century society valued conformity, stability, and predictability. James II 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. [5] 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. [lower-alpha 1] [5]
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 gradually tightened controls on Protestants, who comprised 10% of the French population in 1600; the October 1685 Edict of Fontainebleau sent an estimated 200,000 to 400,000 into exile, 40,000 of whom settled in London. [6] His expansionist policies threatened Protestant powers like England, the Dutch Republic, 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. [7]
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 Acts, it was dismissed; attempts to rule by decree, and form a 'King's party' of Catholics and English Dissenters, undermined his own supporters. The result was the 1688 Glorious Revolution. [8]
A key aspect of Stuart ideology was the Divine right of kings, which successive monarchs from James I 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. [3] 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 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, and the loss of that support fatally damaged his regime. [9]
Differences between Tories and Whigs are often overstated, since Tory elements within the Royal Army, like Charles Trelawny, brother of one of the Seven Bishops, were instrumental in deposing James, while the Act of Settlement 1701 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. [10]
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.
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 [many] evil counsellors, judges and ministers employed by him, did endeavour to subvert and extirpate the Protestant religion and the laws and liberties of this kingdom... [11]
All of which are utterly and directly contrary to the known laws and statutes and freedom of this realm.
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. [1] This non-violent overthrow of the monarch is known as the Glorious Revolution.
The Declaration of Right was written into the English Bill of Rights; it became law in December 1689 and is now considered part of the Constitution of the United Kingdom. [2]
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." [12] 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 – whose authors were clearly familiar with the 1689 document.
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, became disqualified to inherit the throne. This had the effect of deposing the remaining descendants of Charles I, other than his Protestant granddaughter Anne, as the next Protestant in line to the throne was Sophia of Hanover. Born into the House of Wittelsbach, she was a granddaughter of James VI and I from his most junior surviving line, with the crowns descending only to her non-Catholic heirs. Sophia died less than two months before Queen Anne, and Sophia's son succeeded to the throne as King George I, starting the Hanoverian dynasty in Britain.
The Glorious Revolution was the deposition of James II and VII in November 1688. He was replaced by his daughter Mary II, and her Dutch husband, William III of Orange, who was also James's nephew. The two ruled as joint monarchs of England, Scotland, and Ireland until Mary's death in 1694, when William became ruler in his own right. Jacobitism as a political movement persisted into the late 18th century. William's invasion was the last successful invasion of England.
Jacobitism was a political ideology advocating the restoration of the Catholic House of Stuart to the British throne. When James II of England chose exile after the November 1688 Glorious Revolution, the Parliament of England ruled he had "abandoned" the English throne, which was given to his Protestant daughter Mary II of England, and her husband William III. On the same basis, in April the Scottish Convention awarded Mary and William the throne of Scotland.
The Bill of Rights 1689 is an Act of the Parliament of England that set out certain basic civil rights and changed the succession to the English Crown. It remains a crucial statute in English constitutional law.
The constitution of the United Kingdom is an uncodified constitution made up of various statutes, judicial precedents, convention, treaties and other sources. Beginning in the Middle Ages, the constitution developed gradually in response to various crises. By the 20th century, the British monarchy had become a constitutional and ceremonial monarchy, and Parliament developed into a representative body exercising parliamentary sovereignty.
In English history, the penal laws were a series of laws that sought to enforce the State-decreed religious monopoly of the Church of England and, following the 1688 revolution, of Presbyterianism in Scotland, against the continued existence of illegal and underground communities of Catholics, nonjuring Anglicans, and Protestant nonconformists. The Penal laws also imposed various forfeitures, civil penalties, and civil disabilities upon recusants from mandatory attendance at weekly Sunday services of the Established Church. The penal laws in general were repealed in the early 19th-century due to the successful activism of Daniel O'Connell for Catholic Emancipation. Penal actions are civil in nature and were not English common law.
The Declaration of Indulgence, also called Declaration for Liberty of Conscience, was a pair of proclamations made by James II of England and Ireland and VII of Scotland in 1687. The Indulgence was first issued for Scotland on 12 February and then for England on 4 April 1687. An early step towards establishing freedom of religion in Great Britain and Ireland, it was cut short by the Glorious Revolution.
"The Vicar of Bray" is an eighteenth century satirical song recounting the career of The Vicar of Bray and his contortions of principle in order to retain his ecclesiastic office despite the changes in the Established Church through the course of several English monarchs. The song is particularly interesting because of the number of allusions to English religious and political doctrines and events crammed into it, justifying the close reading and annotation given here.
Succession to the British throne is determined by descent, sex, legitimacy, and religion. Under common law, the Crown is inherited by a sovereign's children or by a childless sovereign's nearest collateral line. The Bill of Rights 1689 and the Act of Settlement 1701 restrict succession to the throne to the legitimate Protestant descendants of Sophia of Hanover who are in "communion with the Church of England". Spouses of Catholics were disqualified from 1689 until the law was amended in 2015. Protestant descendants of those excluded for being Roman Catholics are eligible.
Whiggism or Whiggery is a political philosophy that grew out of the Parliamentarian faction in the Wars of the Three Kingdoms (1639–1651) and was concretely formulated by Lord Shaftesbury during the Stuart Restoration. The Whigs advocated the supremacy of Parliament, government centralization, and coercive Anglicisation through the educational system. They also staunchly opposed granting freedom of religion, civil rights, or voting rights to anyone who worshipped outside of the Established Churches of the realm. Eventually, the Whigs grudgingly conceded strictly limited religious toleration for Protestant dissenters, while continuing the religious persecution and disenfranchisement of Roman Catholics and Scottish Episcopalians. They were particularly determined to prevent the ascension of a Catholic heir presumptive to the British throne, especially of James II or his legitimate male descendants and instead granted the throne to the Protestant House of Hanover in 1714. Whig ideology is associated with early conservative liberalism.
The Jacobite succession is the line through which Jacobites believed that the crowns of England, Scotland, and Ireland should have descended, applying male preference primogeniture, since the deposition of James II and VII in 1688 and his death in 1701. It is in opposition to the legal line of succession to the British throne since that time.
The Seven Bishops were members of the Church of England tried and acquitted for seditious libel in the Court of Kings Bench in June 1688. The very unpopular prosecution of the bishops is viewed as a significant event contributing to the November 1688 Glorious Revolution and deposition of James II.
The Crown and Parliament Recognition Act 1689 was an Act of the Parliament of England, passed in April 1690 but backdated to the start of the parliamentary session, which started on 20 March 1690. It was designed to confirm the succession to the throne of King William III and Queen Mary II of England and to confirm the validity of the laws passed by the Convention Parliament which had been irregularly convened following the Glorious Revolution and the end of James II's reign.
Patriot Parliament is the name commonly used for the Irish Parliament session called by King James II during the Williamite War in Ireland which lasted from 1688 to 1691. The first since 1666, it held only one session, which lasted from 7 May 1689 to 20 July 1689. Irish nationalist historian Sir Charles Gavan Duffy first used the term Patriot Parliament in 1893.
James II and VII was King of England and Ireland as James II and King of Scotland as James VII from the death of his elder brother, Charles II, on 6 February 1685, until he was deposed in the 1688 Glorious Revolution. The last Catholic monarch of England, Scotland, and Ireland, his reign is now remembered primarily for conflicts over religion. However, it also involved struggles over the principles of absolutism and divine right of kings, with his deposition ending a century of political and civil strife by confirming the primacy of the English Parliament over the Crown.
The Stuart period of British history lasted from 1603 to 1714 during the dynasty of the House of Stuart. The period was plagued by internal and religious strife, and a large-scale civil war which resulted in the execution of King Charles I in 1649. The Interregnum, largely under the control of Oliver Cromwell, is included here for continuity, even though the Stuarts were in exile. The Cromwell regime collapsed and Charles II had very wide support for his taking of the throne in 1660. His brother James II was overthrown in 1689 in the Glorious Revolution. He was replaced by his Protestant daughter Mary II and her Dutch husband William III. Mary's sister Anne was the last of the line. For the next half century James II and his son James Francis Edward Stuart and grandson Charles Edward Stuart claimed that they were the true Stuart kings, but they were in exile and their attempts to return with French aid were defeated. The period ended with the death of Queen Anne and the accession of King George I from the German House of Hanover.
The English Convention was an assembly of the Parliament of England which met between 22 January and 12 February 1689 and transferred the crowns of England and Ireland from James II to William III and Mary II.
The Toleration Act 1688, also referred to as the Act of Toleration or the Toleration Act 1689, was an Act of the Parliament of England. Passed in the aftermath of the Glorious Revolution, it received royal assent on 24 May 1689.
The Glorious Revolution in Scotland refers to the Scottish element of the 1688 Glorious Revolution, in which James VII was replaced by his daughter Mary II and her husband William III as joint monarchs of Scotland, England and Ireland. Prior to 1707, Scotland and England shared a common monarch but were separate legal entities, so decisions in one did not bind the other. In both countries, the Revolution confirmed the primacy of Parliament over the Crown, while the Church of Scotland was re-established as a Presbyterian rather than Episcopalian polity.
Godden v Hales was a 1686 King's Bench case that was brought as a test case of the Test Acts, a series of penal laws in Restoration England that established religious tests for public office with explicitly anti-Catholic intentions. The case hinged on the king's supposedly inalienable prerogative to command the services of his subject, even contrary to acts of Parliament.
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