Habeas Corpus Parliament
Encyclopedia
The Habeas Corpus Parliament, also known as the First Exclusion Parliament, was a short-lived English Parliament
which assembled on 6 March 1679 (or 1678, Old Style
) 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, 1679.
The Habeas Corpus Parliament sat for two sessions. The first session sat from March 6, 1679 to March 13, 1679, the second session from March 15, 1679 to May 26, 1679. It was dissolved while in recess on 12 July 1679.
of 1661–1678/79, which the King had dissolved. Elections were held for a new parliament on various dates in February 1678/79, after which the Earl of Shaftesbury
estimated that of the members of the new House of Commons
one third were friends of the court
, three fifths favouring the Opposition
, and the rest capable of going either way. On Thursday, 6 March, the Parliament first met, and the King opened the Session with a Speech to both Houses, in which he said:
Lord Chancellor Finch
replied.
After several days of debate and correspondence with the King, William Gregory
, who had served only one year in Parliament, was elected to serve as Speaker
of the House of Commons
, this being agreed as a compromise between the Commons, who had wished to re-elect Edward Seymour
and the King, who objected to Seymour.
On 25 March, Shaftesbury made a strong speech in the House of Lords
warning of the threat of Popery
and arbitrary government, and denouncing the royal administrations in Scotland
under Lauderdale
and in Ireland
under Ormonde
. He also denounced anew the Earl of Danby
. Parliament resumed the pursuit of Danby's impeachment
, showing even more anger against him than its predecessor
.
As the parliament's name implies, its most notable achievement was the passage of the Habeas Corpus Act 1679
. This was part of the struggle led by Shaftesbury to exclude the King's Roman Catholic brother James, Duke of York
, from the succession to the throne
, as Shaftesbury and his allies believed James would rule England arbitrarily.
On 15 May 1679, Shaftesbury's supporters in the Commons
introduced the Exclusion Bill
, which had the specific aim of disbarring the Duke of York from the throne. When it appeared that the bill was likely to pass, Charles used his prerogative
to dissolve Parliament, which was prorogued on 27 May 1679 and did not meet again before it came to an end on 12 July 1679.
On 22 June, in the dying days of the parliament, although some weeks after its final meeting, came the Battle of Bothwell Bridge
, at which troops commanded by the King's illegitimate son the Duke of Monmouth
defeated a rebellion in Scotland by militant Presbyterian
Covenanter
s against Lauderdale's rule. Following the battle, Lauderdale was replaced in Scotland by the Duke of York.
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...
which assembled on 6 March 1679 (or 1678, Old Style
Old Style and New Style dates
Old Style and New Style are used in English language historical studies either to indicate that the start of the Julian year has been adjusted to start on 1 January even though documents written at the time use a different start of year ; or to indicate that a date conforms to the Julian...
) 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...
, the third parliament of the King's reign. It is named after the Habeas Corpus Act
Habeas Corpus Act 1679
The Habeas Corpus Act 1679 is an Act of the Parliament of England passed during the reign of King Charles II by what became known as the Habeas Corpus Parliament to define and strengthen the ancient prerogative writ of habeas corpus, whereby persons unlawfully detained cannot be ordered to be...
, which it enacted in May, 1679.
The Habeas Corpus Parliament sat for two sessions. The first session sat from March 6, 1679 to March 13, 1679, the second session from March 15, 1679 to May 26, 1679. It was dissolved while in recess on 12 July 1679.
History
The parliament succeeded 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...
of 1661–1678/79, which the King had dissolved. Elections were held for a new parliament on various dates in February 1678/79, after which the 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...
estimated that of the members of the new House of 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...
one third were friends of the court
Court of St. James's
The Court of St James's is the royal court of the United Kingdom. It previously had the same function in the Kingdom of England and in the Kingdom of Great Britain .-Overview:...
, three fifths favouring the Opposition
Opposition (parliamentary)
Parliamentary opposition is a form of political opposition to a designated government, particularly in a Westminster-based parliamentary system. Note that this article uses the term government as it is used in Parliamentary systems, i.e. meaning the administration or the cabinet rather than the state...
, and the rest capable of going either way. On Thursday, 6 March, the Parliament first met, and the King opened the Session with a Speech to both Houses, in which he said:
I have done many great Things already... as the Exclusion of the Popish Lords from their Seats in Parliament; the Execution of several Men, both upon the score of the PlotPopish PlotThe 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...
, and the Murder of Sir Edmundbury Godfrey... I have disbanded as much of the ArmyEnglish ArmyThe English Army existed while England was an independent state and was at war with other states, but it was not until the Interregnum and the New Model Army that England acquired a peace time professional standing army...
as I could get Money to do; and I am ready to disband the rest so soon as you shall reimburse me the Money they have cost me, and will enable me to pay off the Remainder: And above all, I have commanded my BrotherJames II of EnglandJames 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...
to absent himself from me, because I would not leave malicious Men room to say, I had not removed all Causes which could be pretended to influence me towards Popish Counsels... I have not been wanting in giving Orders for putting all the present Laws in Execution against PapistsTest ActThe Test Acts were a series of English penal laws that served as a religious test for public office and imposed various civil disabilities on Roman Catholics and Nonconformists...
; and I am ready to join in the making such farther Laws, as may be necessary for securing the Kingdom against PoperyPapistPapist is a term or an anti-Catholic slur, referring to the Roman Catholic Church, its teachings, practices, or adherents. The term was coined during the English Reformation to denote a person whose loyalties were to the Pope, rather than to the Church of England...
... I must needs put you in mind how necessary it will be to have a good Strength at SeaRoyal NavyThe Royal Navy is the naval warfare service branch of the British Armed Forces. Founded in the 16th century, it is the oldest service branch and is known as the Senior Service...
, next Summer, since our Neighbours are making naval Preparations... I will conclude as I begun, with my earnest Desires to have this a Healing Parliament; and I do give you this Assurance that I will with my Life defend both the Protestant ReligionProtestantismProtestantism is one of the three major groupings within Christianity. It is a movement that began in Germany in the early 16th century as a reaction against medieval Roman Catholic doctrines and practices, especially in regards to salvation, justification, and ecclesiology.The doctrines of the...
, and the LawsEnglish lawEnglish law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
of this KingdomKingdom of EnglandThe Kingdom of England was, from 927 to 1707, a sovereign state to the northwest of continental Europe. At its height, the Kingdom of England spanned the southern two-thirds of the island of Great Britain and several smaller outlying islands; what today comprises the legal jurisdiction of England...
, and I do expect from you to be defended from the Calumny, as well as the Danger of those worst of Men, who endeavour to render me, and my Government, odious to my People. The rest I leave to the Lord ChancellorLord ChancellorThe Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
.
Lord Chancellor Finch
Heneage Finch, 1st Earl of Nottingham
Heneage Finch, 1st Earl of Nottingham, PC , Lord Chancellor of England, was descended from the old family of Finch, many of whose members had attained high legal eminence, and was the eldest son of Sir Heneage Finch, recorder of London, by his first wife Frances Bell, daughter of Sir Edmond Bell of...
replied.
After several days of debate and correspondence with the King, William Gregory
William Gregory (1625–1696)
Sir William Gregory was a British judge and politician. He was educated at All Souls College, Oxford and was then called to the Bar. In 1653 he married Elizabeth Smith, with whom he had one daughter, Sarah, who died in 1691 before her father. It was not until 1677 that William gained prominence,...
, who had served only one year in Parliament, was elected to serve as Speaker
Speaker (politics)
The term speaker is a title often given to the presiding officer of a deliberative assembly, especially a legislative body. The speaker's official role is to moderate debate, make rulings on procedure, announce the results of votes, and the like. The speaker decides who may speak and has the...
of the House of 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...
, this being agreed as a compromise between the Commons, who had wished to re-elect Edward Seymour
Sir Edward Seymour, 4th Baronet
Sir Edward Seymour, of Berry Pomeroy, 4th Baronet, MP was a British nobleman, and a Royalist and Tory politician.-Life:...
and the King, who objected to Seymour.
On 25 March, Shaftesbury made a strong speech 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....
warning of the threat of Popery
Papist
Papist is a term or an anti-Catholic slur, referring to the Roman Catholic Church, its teachings, practices, or adherents. The term was coined during the English Reformation to denote a person whose loyalties were to the Pope, rather than to the Church of England...
and arbitrary government, and denouncing the royal administrations in Scotland
Kingdom of Scotland
The Kingdom of Scotland was a Sovereign state in North-West Europe that existed from 843 until 1707. It occupied the northern third of the island of Great Britain and shared a land border to the south with the Kingdom of England...
under Lauderdale
John Maitland, 1st Duke of Lauderdale
Sir John Maitland, 1st Duke and 2nd Earl of Lauderdale, 3rd Lord Thirlestane KG PC , was a Scottish politician, and leader within the Cabal Ministry.-Background:...
and in Ireland
Kingdom of Ireland
The Kingdom of Ireland refers to the country of Ireland in the period between the proclamation of Henry VIII as King of Ireland by the Crown of Ireland Act 1542 and the Act of Union in 1800. It replaced the Lordship of Ireland, which had been created in 1171...
under Ormonde
James Butler, 1st Duke of Ormonde
James Butler, 1st Duke of Ormonde PC was an Irish statesman and soldier. He was the second of the Kilcash branch of the family to inherit the earldom. He was the friend of Thomas Wentworth, 1st Earl of Strafford, who appointeed him commander of the Cavalier forces in Ireland. From 1641 to 1647, he...
. He also denounced anew the Earl of Danby
Thomas Osborne, 1st Duke of Leeds
Thomas Osborne, 1st Duke of Leeds, KG , English statesman , served in a variety of offices under Kings Charles II and William III of England.-Early life, 1632–1674:The son of Sir Edward Osborne, Bart., of Kiveton, Yorkshire, Thomas Osborne...
. Parliament resumed the pursuit of Danby's impeachment
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....
, showing even more anger against him than its predecessor
Cavalier 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...
.
As the parliament's name implies, its most notable achievement was the passage of the Habeas Corpus Act 1679
Habeas Corpus Act 1679
The Habeas Corpus Act 1679 is an Act of the Parliament of England passed during the reign of King Charles II by what became known as the Habeas Corpus Parliament to define and strengthen the ancient prerogative writ of habeas corpus, whereby persons unlawfully detained cannot be ordered to be...
. This was part of the struggle led by Shaftesbury to exclude the King's Roman Catholic 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....
, as Shaftesbury and his allies believed James would rule England arbitrarily.
On 15 May 1679, Shaftesbury's supporters in 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...
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...
, which had the specific aim of disbarring the Duke of York from the throne. When it appeared that the bill was likely to pass, Charles used his 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, which was prorogued on 27 May 1679 and did not meet again before it came to an end on 12 July 1679.
On 22 June, in the dying days of the parliament, although some weeks after its final meeting, came the Battle of Bothwell Bridge
Battle of Bothwell Bridge
The Battle of Bothwell Bridge, or Bothwell Brig, took place on 22 June 1679. It was fought between government troops and militant Presbyterian Covenanters, and signalled the end of their brief rebellion...
, at which troops commanded by the King'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...
defeated a rebellion in Scotland by militant Presbyterian
Presbyterianism
Presbyterianism refers to a number of Christian churches adhering to the Calvinist theological tradition within Protestantism, which are organized according to a characteristic Presbyterian polity. Presbyterian theology typically emphasizes the sovereignty of God, the authority of the Scriptures,...
Covenanter
Covenanter
The Covenanters were a Scottish Presbyterian movement that played an important part in the history of Scotland, and to a lesser extent in that of England and Ireland, during the 17th century...
s against Lauderdale's rule. Following the battle, Lauderdale was replaced in Scotland by the Duke of York.