Exclusion Bill Parliament
Encyclopedia
The Exclusion Bill Parliament was a Parliament of England
during the reign of Charles II of England
, named after the long saga of the Exclusion Bill
. Summoned on 24 July 1679, but prorogued by the king so that it did not assemble until 21 October 1680, it was dissolved three months later on 18 January 1680/81.
and the short-lived Habeas Corpus Parliament
of March to July 1679, this was the third parliament of the King's reign. Its character was much influenced by the aftermath of the Popish Plot
crisis.
On 15 May 1679, the supporters of Anthony Ashley Cooper, 1st Earl of Shaftesbury
, had introduced the Exclusion Bill
into the Commons
with the aim of excluding the king's brother, James, Duke of York
, from the succession to the throne
. A fringe group began to support the claim of Charles's illegitimate son, the Duke of Monmouth
. As it seemed likely that the bill would pass, Charles exercised his Royal prerogative
to dissolve Parliament.
were held on various dates in the weeks which followed, but in general they went badly for the court party. With parliament expected to meet in October 1679, King Charles prorogued the parliament until 26 January 1680. Shaftesbury was anxious that the king might be intending not to meet this new parliament, so he launched a petitioning campaign to pressure the king to do so. He also wrote to the Duke of Monmouth, advising him to return from exile, and on 27 November 1679 Monmouth entered London amid scenes of widespread celebration. On 7 December 1679, a petition signed by Shaftesbury and fifteen other Whig peers called on Charles to meet parliament, and this was followed on 13 January 1679/80 by a similar petition of 20,000 signatures. However, instead of meeting parliament Charles further prorogued it and recalled his brother the Duke of York from Scotland. With this, Shaftesbury urged his friends on the Privy Council
to resign, and four did so.
This agitation was opposed by George Jeffreys
and Francis Wythens
, who presented addresses expressing abhorrence of the petitioner
s, thus initiating the movement of the Abhorrers
, who supported the actions of the king. Roger North
noted that "The frolic went all over England", and the addresses of the Abhorrers from around the country formed a counterblast to those of the Petitioners.
Shaftesbury's party sought to establish a mass movement to keep alive the fears raised by the Popish Plot
, organizing huge processions in London in which the Pope
was burnt in effigy. The King's supporters mustered their own propaganda
in the form of memoirs of the Commonwealth
government of Oliver Cromwell
and its austerities. The King labelled the Whigs as subversives and nonconformists, and by early 1681 Shaftesbury's mass movement had died down.
Throughout the life of the parliament the supporters of Shaftesbury, becoming known as the Whigs, continued in their attempts to promote and pass the Exclusion Bill
, and Charles had little doubt that it would pass the House of Commons, if not the Lords. The natural supporters of the king and his brother in the parliament were the High
Anglicans
, who as a political faction opposing the Exclusion Bill were known first as the Abhorrers, later as the Tories.
On 24 March 1680, Shaftesbury told the Privy Council he had received news that the Roman Catholics of Ireland
were about to launch a rebellion, backed by the French. Several Privy Councillors, including Henry Coventry
, thought Shaftesbury was making this story up to inflame public opinion, so an investigation was launched. This ultimately resulted in the execution of Oliver Plunkett
, Roman Catholic Archbishop of Armagh
, on spurious charges.
On 26 June 1680, Shaftesbury led a group of fifteen peers and commoners who presented an indictment
to the Middlesex
grand jury
in Westminster Hall, charging the Duke of York with being a popish recusant, in violation of the penal laws. Before the grand jury could act, it was dismissed for interfering in matters of state. The next week, Shaftesbury again tried to indict the Duke of York, but again the grand jury was dismissed before it could take any action.
Parliament finally met on 21 October 1680, when the Commons elected for the first time William Williams as Speaker. He became the first Speaker of the House of Commons from Wales
.
On October 23, Shaftesbury in the House of Lords
called for a committee to be set up to investigate the Popish Plot
. The Exclusion Bill, which as widely foreseen had been passed by the Commons, came before the Lords on 15 November, when Shaftesbury gave an impassioned speech in favour of it, but the Lords rejected the Bill by 63 votes to 30. The Lords now wished to explore alternative ways of limiting the powers of a Roman Catholic successor to the throne, but Shaftesbury argued that the only viable alternative to exclusion was calling on the king to marry again and provide a new heir. On 23 December 1680, Shaftesbury gave another strong pro-Exclusion speech in the Lords, in the course of which he attacked the Duke of York, stated his mistrust of Charles II, and urged parliament not to approve any further taxes until "the King shall satisfie the People, that what we give is not to make us Slaves and Papists". With parliament pursuing the Irish investigation vigorously and threatening to impeach
some of the king's judges, Charles prorogued parliament on 10 January 1680/81, and then dissolved it on 18 January, calling for fresh elections for a new Commons, intending the next parliament to meet at Oxford
. On 25 January, Shaftesbury, Essex, and Salisbury presented the king with a petition signed by sixteen peers asking that parliament should be held at Westminster Hall rather than Oxford, but the king remained committed to his intention.
The next parliament was the Oxford Parliament
of 1681.
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
during the reign of Charles II of England
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...
, named after the long saga of the Exclusion Bill
Exclusion Bill
The Exclusion Crisis ran from 1678 through 1681 in the reign of Charles II of England. The Exclusion Bill sought to exclude the king's brother and heir presumptive, James, Duke of York, from the thrones of England, Scotland and Ireland because he was Roman Catholic...
. Summoned on 24 July 1679, but prorogued by the king so that it did not assemble until 21 October 1680, it was dissolved three months later on 18 January 1680/81.
Background
Succeeding the long Cavalier ParliamentCavalier Parliament
The Cavalier Parliament of England lasted from 8 May 1661 until 24 January 1679. It was the longest English Parliament, enduring for nearly 18 years of the quarter century reign of Charles II of England...
and the short-lived Habeas Corpus Parliament
Habeas Corpus Parliament
The Habeas Corpus Parliament, also known as the First Exclusion Parliament, was a short-lived English Parliament which assembled on 6 March 1679 during the reign of Charles II of England, the third parliament of the King's reign. It is named after the Habeas Corpus Act, which it enacted in May,...
of March to July 1679, this was the third parliament of the King's reign. Its character was much influenced by the aftermath of the Popish Plot
Popish Plot
The Popish Plot was a fictitious conspiracy concocted by Titus Oates that gripped England, Wales and Scotland in Anti-Catholic hysteria between 1678 and 1681. Oates alleged that there existed an extensive Catholic conspiracy to assassinate Charles II, accusations that led to the execution of at...
crisis.
On 15 May 1679, the supporters of Anthony Ashley Cooper, 1st Earl of Shaftesbury
Anthony Ashley Cooper, 1st Earl of Shaftesbury
Anthony Ashley Cooper, 1st Earl of Shaftesbury PC , known as Anthony Ashley Cooper from 1621 to 1631, as Sir Anthony Ashley Cooper, 2nd Baronet from 1631 to 1661, and as The Lord Ashley from 1661 to 1672, was a prominent English politician during the Interregnum and during the reign of King Charles...
, had introduced the Exclusion Bill
Exclusion Bill
The Exclusion Crisis ran from 1678 through 1681 in the reign of Charles II of England. The Exclusion Bill sought to exclude the king's brother and heir presumptive, James, Duke of York, from the thrones of England, Scotland and Ireland because he was Roman Catholic...
into the Commons
House of Commons of England
The House of Commons of England was the lower house of the Parliament of England from its development in the 14th century to the union of England and Scotland in 1707, when it was replaced by the House of Commons of Great Britain...
with the aim of excluding the king's brother, James, Duke of York
James II of England
James II & VII was King of England and King of Ireland as James II and King of Scotland as James VII, from 6 February 1685. He was the last Catholic monarch to reign over the Kingdoms of England, Scotland, and Ireland...
, from the succession to the throne
Succession to the British Throne
Succession to the British throne is governed both by common law and statute. Under common law the crown is currently passed on by male-preference primogeniture. In other words, succession passes first to an individual's sons, in order of birth, and subsequently to daughters, again in order of birth....
. A fringe group began to support the claim of Charles's illegitimate son, the Duke of Monmouth
James Scott, 1st Duke of Monmouth
James Scott, 1st Duke of Monmouth, 1st Duke of Buccleuch, KG, PC , was an English nobleman. Originally called James Crofts or James Fitzroy, he was born in Rotterdam in the Netherlands, the eldest illegitimate son of Charles II and his mistress, Lucy Walter...
. As it seemed likely that the bill would pass, Charles exercised his Royal prerogative
Royal Prerogative
The royal prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy as belonging to the sovereign alone. It is the means by which some of the executive powers of government, possessed by and...
to dissolve Parliament.
History
A new parliament was summoned on 24 July 1679, and elections to the new House of CommonsHouse of Commons of England
The House of Commons of England was the lower house of the Parliament of England from its development in the 14th century to the union of England and Scotland in 1707, when it was replaced by the House of Commons of Great Britain...
were held on various dates in the weeks which followed, but in general they went badly for the court party. With parliament expected to meet in October 1679, King Charles prorogued the parliament until 26 January 1680. Shaftesbury was anxious that the king might be intending not to meet this new parliament, so he launched a petitioning campaign to pressure the king to do so. He also wrote to the Duke of Monmouth, advising him to return from exile, and on 27 November 1679 Monmouth entered London amid scenes of widespread celebration. On 7 December 1679, a petition signed by Shaftesbury and fifteen other Whig peers called on Charles to meet parliament, and this was followed on 13 January 1679/80 by a similar petition of 20,000 signatures. However, instead of meeting parliament Charles further prorogued it and recalled his brother the Duke of York from Scotland. With this, Shaftesbury urged his friends on the Privy Council
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
to resign, and four did so.
This agitation was opposed by George Jeffreys
George Jeffreys
George Jeffreys may refer to:* George Jeffreys composer and organist to Charles I* George Jeffreys, 1st Baron Jeffreys , British politician & jurist...
and Francis Wythens
Francis Wythens
Sir Francis Wythens SL KC was a British judge and politician.-Life:Born to William Wythens and his wife Frances King, Wythens matriculated at St John's College, Oxford on 13 November 1650 before joining the Middle Temple on 27 November 1654...
, who presented addresses expressing abhorrence of the petitioner
Petitioner
A petitioner is a person who pleads with governmental institution for a legal remedy or a redress of grievances, through use of a petition.-In the courts:The petitioner may seek a legal remedy if the state or another private person has acted unlawfully...
s, thus initiating the movement of the Abhorrers
Abhorrers
Abhorrers, the name given in 1679 to the persons who expressed their abhorrence at the action of those who had signed petitions urging King Charles II of England to assemble Parliament....
, who supported the actions of the king. Roger North
Roger North (17th century)
Roger North, KC , English lawyer, biographer, and amateur musician, was the sixth son of t he fourth Baron North....
noted that "The frolic went all over England", and the addresses of the Abhorrers from around the country formed a counterblast to those of the Petitioners.
Shaftesbury's party sought to establish a mass movement to keep alive the fears raised by the Popish Plot
Popish Plot
The Popish Plot was a fictitious conspiracy concocted by Titus Oates that gripped England, Wales and Scotland in Anti-Catholic hysteria between 1678 and 1681. Oates alleged that there existed an extensive Catholic conspiracy to assassinate Charles II, accusations that led to the execution of at...
, organizing huge processions in London in which the Pope
Pope
The Pope is the Bishop of Rome, a position that makes him the leader of the worldwide Catholic Church . In the Catholic Church, the Pope is regarded as the successor of Saint Peter, the Apostle...
was burnt in effigy. The King's supporters mustered their own propaganda
Propaganda
Propaganda is a form of communication that is aimed at influencing the attitude of a community toward some cause or position so as to benefit oneself or one's group....
in the form of memoirs of the Commonwealth
Commonwealth of England
The Commonwealth of England was the republic which ruled first England, and then Ireland and Scotland from 1649 to 1660. Between 1653–1659 it was known as the Commonwealth of England, Scotland and Ireland...
government of Oliver Cromwell
Oliver Cromwell
Oliver Cromwell was an English military and political leader who overthrew the English monarchy and temporarily turned England into a republican Commonwealth, and served as Lord Protector of England, Scotland, and Ireland....
and its austerities. The King labelled the Whigs as subversives and nonconformists, and by early 1681 Shaftesbury's mass movement had died down.
Throughout the life of the parliament the supporters of Shaftesbury, becoming known as the Whigs, continued in their attempts to promote and pass the Exclusion Bill
Exclusion Bill
The Exclusion Crisis ran from 1678 through 1681 in the reign of Charles II of England. The Exclusion Bill sought to exclude the king's brother and heir presumptive, James, Duke of York, from the thrones of England, Scotland and Ireland because he was Roman Catholic...
, and Charles had little doubt that it would pass the House of Commons, if not the Lords. The natural supporters of the king and his brother in the parliament were the High
High church
The term "High Church" refers to beliefs and practices of ecclesiology, liturgy and theology, generally with an emphasis on formality, and resistance to "modernization." Although used in connection with various Christian traditions, the term has traditionally been principally associated with the...
Anglicans
Anglicanism
Anglicanism is a tradition within Christianity comprising churches with historical connections to the Church of England or similar beliefs, worship and church structures. The word Anglican originates in ecclesia anglicana, a medieval Latin phrase dating to at least 1246 that means the English...
, who as a political faction opposing the Exclusion Bill were known first as the Abhorrers, later as the Tories.
On 24 March 1680, Shaftesbury told the Privy Council he had received news that the Roman Catholics of Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
were about to launch a rebellion, backed by the French. Several Privy Councillors, including Henry Coventry
Henry Coventry
The Honourable Henry Coventry was an English politician, who was Secretary of State for the Northern Department between 1672 and 1674 and the Southern Department between 1674 and 1680.-Origins and education:...
, thought Shaftesbury was making this story up to inflame public opinion, so an investigation was launched. This ultimately resulted in the execution of Oliver Plunkett
Oliver Plunkett
Saint Oliver Plunkett was the Roman Catholic Archbishop of Armagh and Primate of All Ireland....
, Roman Catholic Archbishop of Armagh
Archbishop of Armagh
The Archbishop of Armagh is the title of the presiding ecclesiastical figure of each of the Roman Catholic Church and the Church of Ireland in the region around Armagh in Northern Ireland...
, on spurious charges.
On 26 June 1680, Shaftesbury led a group of fifteen peers and commoners who presented an indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
to the Middlesex
Middlesex
Middlesex is one of the historic counties of England and the second smallest by area. The low-lying county contained the wealthy and politically independent City of London on its southern boundary and was dominated by it from a very early time...
grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
in Westminster Hall, charging the Duke of York with being a popish recusant, in violation of the penal laws. Before the grand jury could act, it was dismissed for interfering in matters of state. The next week, Shaftesbury again tried to indict the Duke of York, but again the grand jury was dismissed before it could take any action.
Parliament finally met on 21 October 1680, when the Commons elected for the first time William Williams as Speaker. He became the first Speaker of the House of Commons from Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
.
On October 23, Shaftesbury in the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
called for a committee to be set up to investigate the Popish Plot
Popish Plot
The Popish Plot was a fictitious conspiracy concocted by Titus Oates that gripped England, Wales and Scotland in Anti-Catholic hysteria between 1678 and 1681. Oates alleged that there existed an extensive Catholic conspiracy to assassinate Charles II, accusations that led to the execution of at...
. The Exclusion Bill, which as widely foreseen had been passed by the Commons, came before the Lords on 15 November, when Shaftesbury gave an impassioned speech in favour of it, but the Lords rejected the Bill by 63 votes to 30. The Lords now wished to explore alternative ways of limiting the powers of a Roman Catholic successor to the throne, but Shaftesbury argued that the only viable alternative to exclusion was calling on the king to marry again and provide a new heir. On 23 December 1680, Shaftesbury gave another strong pro-Exclusion speech in the Lords, in the course of which he attacked the Duke of York, stated his mistrust of Charles II, and urged parliament not to approve any further taxes until "the King shall satisfie the People, that what we give is not to make us Slaves and Papists". With parliament pursuing the Irish investigation vigorously and threatening to impeach
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
some of the king's judges, Charles prorogued parliament on 10 January 1680/81, and then dissolved it on 18 January, calling for fresh elections for a new Commons, intending the next parliament to meet at Oxford
Oxford
The city of Oxford is the county town of Oxfordshire, England. The city, made prominent by its medieval university, has a population of just under 165,000, with 153,900 living within the district boundary. It lies about 50 miles north-west of London. The rivers Cherwell and Thames run through...
. On 25 January, Shaftesbury, Essex, and Salisbury presented the king with a petition signed by sixteen peers asking that parliament should be held at Westminster Hall rather than Oxford, but the king remained committed to his intention.
The next parliament was the Oxford Parliament
Oxford Parliament (1681)
An English Parliament assembled in the city of Oxford for one week from 21 March 1681 until 28 March 1681 during the reign of Charles II of England.Succeeding the Exclusion Bill Parliament, this was the fifth and last parliament of the King's reign. Both Houses of Parliament met and the King...
of 1681.