The Habeas Corpus Parliament, also known as the First Exclusion Parliament, was a short-lived

English Parliament The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the great council of bishops and peers that advised t ...

which assembled on 6 March 1679 (or 1678,

Old Style Old Style (O.S.) and New Style (N.S.) indicate dating systems before and after a calendar change, respectively. Usually, this is the change from the Julian calendar to the Gregorian calendar as enacted in various European countries between 158 ...

) during the reign of

Charles II of England Charles II (29 May 1630 – 6 February 1685) was King of Scotland from 1649 until 1651, and King of England, Scotland and Ireland from the 1660 Restoration of the monarchy until his death in 1685. Charles II was the eldest surviving child o ...

, 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 6 March 1679 to 13 March 1679, the second session from 15 March 1679 to 26 May 1679. It was dissolved while in recess on 12 July 1679.

History

The parliament succeeded the long

Cavalier Parliament The Cavalier Parliament of England lasted from 8 May 1661 until 24 January 1679. It was the longest English Parliament, and longer than any Great British or UK Parliament to date, enduring for nearly 18 years of the quarter-century reign of C ...

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 Earl of Shaftesbury is a title in the Peerage of England. It was created in 1672 for Anthony Ashley-Cooper, 1st Baron Ashley, a prominent politician in the Cabal then dominating the policies of King Charles II. He had already succeeded his fa ...

estimated that of the members of the new

House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. T ...

one third were friends of the court, three-fifths favouring the

Opposition Opposition may refer to: Arts and media * ''Opposition'' (Altars EP), 2011 EP by Christian metalcore band Altars * The Opposition (band), a London post-punk band * '' The Opposition with Jordan Klepper'', a late-night television series on Com ...

, and the rest capable of going either way.Tim Harris, 'Cooper, Anthony Ashley', in the ''

Oxford Dictionary of National Biography The ''Dictionary of National Biography'' (''DNB'') is a standard work of reference on notable figures from British history, published since 1885. The updated ''Oxford Dictionary of National Biography'' (''ODNB'') was published on 23 September ...

'' (Oxford University Press, 2004–2007) 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 Plot, and the Murder of Sir Edmundbury Godfrey... I have disbanded as much of the
Army An army (from Old French ''armee'', itself derived from the Latin verb ''armāre'', meaning "to arm", and related to the Latin noun ''arma'', meaning "arms" or "weapons"), ground force or land force is a fighting force that fights primarily on ...
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
Brother A brother is a man or boy who shares one or more parents with another; a male sibling. The female counterpart is a sister. Although the term typically refers to a familial relationship, it is sometimes used endearingly to refer to non-famili ...
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 Papists; and I am ready to join in the making such farther Laws, as may be necessary for securing the Kingdom against
Popery The words Popery (adjective Popish) and Papism (adjective Papist, also used to refer to an individual) are mainly historical pejorative words in the English language for Roman Catholicism, once frequently used by Protestants and Eastern Orthodox ...
... I must needs put you in mind how necessary it will be to have a good Strength at Sea, 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 Religion Protestantism is a Christian denomination, branch of Christianity that follows the theological tenets of the Reformation, Protestant Reformation, a movement that began seeking to reform the Catholic Church from within in the 16th century agai ...
, and the
Laws Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vari ...
of this Kingdom, 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 Chancellor The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. Th ...
.Quoted in 'The Third Parliament of Charles II: First session – begins 6/3/1679', in ''The History and Proceedings of the House of Commons : volume 1: 1660–1680'' (1742)
pp. 323–370
online british-history.ac.uk. Retrieved 14 May 2010

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

, 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 The House of Lords, also known as the House of Peers, is the upper house of the Parliament of the United Kingdom. Membership is by appointment, heredity or official function. Like the House of Commons, it meets in the Palace of Westminst ...

warning of the threat of

Popery The words Popery (adjective Popish) and Papism (adjective Papist, also used to refer to an individual) are mainly historical pejorative words in the English language for Roman Catholicism, once frequently used by Protestants and Eastern Orthodox ...

and arbitrary government, and denouncing the royal administrations in the

Kingdom of Scotland The Kingdom of Scotland (; , ) was a sovereign state in northwest Europe traditionally said to have been founded in 843. Its territories expanded and shrank, but it came to occupy the northern third of the island of Great Britain, sharing a l ...

under

John Maitland, 1st Duke of Lauderdale John Maitland, 1st Duke and 2nd Earl of Lauderdale, 3rd Lord Maitland of Thirlestane KG PC (24 May 1616, Lethington, East Lothian – 24 August 1682), was a Scottish politician, and leader within the Cabal Ministry. Background Maitl ...

, and in the

Kingdom of Ireland The Kingdom of Ireland ( ga, label=Classical Irish, an Ríoghacht Éireann; ga, label= Modern Irish, an Ríocht Éireann, ) was a monarchy on the island of Ireland that was a client state of England and then of Great Britain. It existed from ...

under

James Butler, 1st Duke of Ormonde Lieutenant-General James FitzThomas Butler, 1st Duke of Ormond, KG, PC (19 October 1610 – 21 July 1688), was a statesman and soldier, known as Earl of Ormond from 1634 to 1642 and Marquess of Ormond from 1642 to 1661. Following the failur ...

. He also denounced anew the

Earl of Danby Earl of Danby was a title that was created twice in the Peerage of England. The first creation came in 1626 in favour of the soldier Henry Danvers, 1st Baron Danvers. He had already been created Baron Danvers, of Dauntsey in the County of Wiltshi ...

. Parliament resumed the pursuit of Danby's

impeachment Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In ...

, showing even more anger against him than its

predecessor had. As the parliament's name implies, its most notable achievement was the passage of the

Habeas Corpus Act 1679 The Habeas Corpus Act 1679 is an Act of Parliament in England (31 Cha. 2 c. 2) during the reign of King Charles II. It was passed by what became known as the Habeas Corpus Parliament to define and strengthen the ancient prerogative writ of '' ...

. This was part of the struggle led by Shaftesbury to exclude the King's

Roman Catholic Roman or Romans most often refers to: * Rome, the capital city of Italy *Ancient Rome, Roman civilization from 8th century BC to 5th century AD * Roman people, the people of ancient Rome *'' Epistle to the Romans'', shortened to ''Romans'', a let ...

brother

James, Duke of York James VII and II (14 October 1633 16 September 1701) was King of England and King of Ireland as James II, and King of Scotland as James VII from the death of his elder brother, Charles II, on 6 February 1685. He was deposed in the Glorious ...

, from the

succession to the throne In inheritance, a hereditary successor is a person who inherits an indivisible title or office after the death of the previous title holder. The hereditary line of succession may be limited to heirs of the body, or may pass also to collateral l ...

, as Shaftesbury and his allies believed James would rule England arbitrarily. On 15 May 1679, Shaftesbury's supporters in the

Commons The commons is the cultural and natural resources accessible to all members of a society, including natural materials such as air, water, and a habitable Earth. These resources are held in common even when owned privately or publicly. Commons c ...

introduced the

Exclusion Bill The Exclusion Crisis ran from 1679 until 1681 in the reign of King Charles II of England, Scotland and Ireland. Three Exclusion bills sought to exclude the King's brother and heir presumptive, James, Duke of York, from the thrones of England, Sco ...

, 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 In law, a prerogative is an exclusive right bestowed by a government or state and invested in an individual or group, the content of which is separate from the body of rights enjoyed under the general law. It was a common facet of feudal law. Th ...

to dissolve Parliament, which was

prorogued A legislative session is the period of time in which a legislature, in both parliamentary and presidential systems, is convened for purpose of lawmaking, usually being one of two or more smaller divisions of the entire time between two election ...

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 A battle is an occurrence of combat in warfare between opposing military units of any number or size. A war usually consists of multiple battles. In general, a battle is a military engagement that is well defined in duration, area, and forc ...

, at which troops commanded by the King's illegitimate son

James Scott, 1st Duke of Monmouth James Scott, 1st Duke of Monmouth, 1st Duke of Buccleuch, KG, PC (9 April 1649 – 15 July 1685) was a Dutch-born English nobleman and military officer. Originally called James Crofts or James Fitzroy, he was born in Rotterdam in the Netherlan ...

defeated a rebellion in Scotland by militant

Presbyterian Presbyterianism is a part of the Reformed tradition within Protestantism that broke from the Roman Catholic Church in Scotland by John Knox, who was a priest at St. Giles Cathedral (Church of Scotland). Presbyterian churches derive their n ...

Covenanter Covenanters ( gd, Cùmhnantaich) were members of a 17th-century Scottish religious and political movement, who supported a Presbyterian Church of Scotland, and the primacy of its leaders in religious affairs. The name is derived from '' Covena ...

s against Lauderdale's rule. Following the battle, Lauderdale was replaced in Scotland by the Duke of York.Stanley Mordaunt Leathes ''et al.'', ''

Cambridge Modern History ''The Cambridge Modern History'' is a comprehensive modern history of the world, beginning with the 15th century Age of Discovery, published by the Cambridge University Press in England and also in the United States. The first series, planned by ...

'', vol. 1 (1902, reprinted 1964)
p. 286
online

Notes

{{Kingdom of England 1679 in England Political history of England Parliaments of Charles II of England 1679 in politics The Restoration

History

See also

Notes