The Bill of Rights and Constitutional Monarchy

The constitutional settlement of 1689 transformed the English monarchy. It established that the Crown ruled by parliamentary consent, not divine right; that the law was supreme over royal prerogative; and that certain fundamental rights could not be overridden by the king. This lesson examines the Convention Parliament, the Bill of Rights, the Toleration Act, and the constitutional significance of the settlement.

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The Convention Parliament (January–February 1689)

The Central Debate: Had James Abdicated?

Whig Position	Tory Position
James had violated the original contract. The throne was vacant. Parliament could choose the monarch.	James remained king by hereditary right. At most, a regency could be established.
Sovereignty derived from the people through Parliament	Sovereignty derived from God through hereditary succession

The Compromise

The Convention adopted a formula: James had "abdicated" (Whig language), the throne was "vacant" (Whig language), William and Mary would be joint monarchs, and the Bill of Rights would define the terms.

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The Bill of Rights (December 1689)

Key Provisions

Provision	Significance
Suspending and dispensing powers illegal	King cannot suspend or override laws without Parliament
No taxation without Parliament	All revenue requires parliamentary consent
Right to petition	Subjects can petition without fear of prosecution
No standing army without consent	Military funding requires annual parliamentary approval
Free elections and freedom of speech in Parliament	Parliamentary privilege established
No excessive bail or cruel punishment	Judicial protections
Frequent Parliaments	Parliament must meet regularly

What the Bill of Rights Did NOT Do

It did not establish universal suffrage, religious freedom for Catholics, separation of powers, or a supreme written constitution.

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The Toleration Act (1689)

Freedom of worship for Protestant Dissenters, but NOT for Catholics or Unitarians. Dissenters remained excluded from public office under the Test and Corporation Acts. The Church of England remained established with all its privileges.

A-Level Analysis: The Toleration Act established that religious persecution was unacceptable, but drew the line at Protestant dissent. Catholics received nothing. The Act represented pragmatic compromise rather than principled tolerance.

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Constitutional Significance

Was 1689 a Revolution?