| Parliaments of medieval England |
|---|
 |
The Convention Parliament was a parliament in English history which, owing to an abeyance of the Crown, assembled without formal summons by the Sovereign. [1] Sir William Blackstone applied the term to only two English Parliaments, those of 1660 and 1689, [2] but some sources have also applied the name to the parliament of 1399. [3] [4]
It is a branch of the royal prerogative, that no parliament shall be convened by its own authority, or by any other authority than that of the sovereign. Where the crown is in abeyance, this prerogative cannot of course be exercised, and the expedient of Convention Parliaments has been resorted to, the enactments of which shall afterwards be ratified by a parliament summoned in accordance with the provisions of the constitution. ... a Convention Parliament [is] the constitutional mode in which the general will of England expresses itself on such questions as cannot be constitutionally discussed in parliament—e.g., a change of the reigning dynasty.
Blackstone points out that the 1689 parliament had to assemble without a royal writ, because the throne was vacant, and no legally summoned parliament could ever be assembled unless a Convention Parliament met to settle the issue of government. [6]
Between 1660 and 1689 the meaning of the word Convention underwent a revision. In 1660 the word was seen as pejorative with overtones of irregularity, but after the convening of the 1689 parliament some started to see this as a virtue, "a voice of liberty". [7]
The Succession to the Crown Act 1707 and the Meeting of Parliament Act 1797 has made it extremely unlikely that there will be need of another Westminster Convention Parliament:
There is only one occasion on which Parliament meets without a Royal summons, and that is when the Sovereign has died. In such circumstances, the Succession to the Crown Act 1707 provides that, if Parliament is not already sitting, it must immediately meet and sit.
The Meeting of Parliament Act 1797 provides that, if the Sovereign dies after Parliament has been dissolved, the immediately preceding Parliament sits for up to six months, if not prorogued or dissolved before then.
— The official website of the British Monarchy (2016). [8]
The first example of a convention parliament is the parliament of 1399. [3] [4] In 1399 a convention of estates of the realm assembled to offer the throne to Henry Bolingbroke as King Henry IV of England after the deposition of King Richard II of England. [9] The convention had been summoned as a parliament by a writ issued by Richard, but it had not been opened by his commission as he had been deposed and it was held that this had the same effect on the parliament as the death of a monarch. So once Henry was recognised as King he re-summoned the same parliament hence validating its previous recognition of him as king. [10]
It was by the letter of the law no true Parliament, because the king did not summon it, on the contrary, it summoned the king. Hence, it is known as the Convention Parliament.
— G. M. Trevelyan, England under the Stuarts (1946), p. 298
The Convention Parliament (25 April 1660 – 29 December 1660) followed the Long Parliament that had finally voted for its own dissolution on 16 March that year. [11] Elected as a "free parliament", [12] i.e. with no oath of allegiance to the Commonwealth or to the monarchy, it was predominantly Royalist in its membership. It assembled for the first time on 25 April 1660.
After the Declaration of Breda had been received, Parliament proclaimed on 8 May that King Charles II had been the lawful monarch since the death of Charles I in January 1649. The Convention Parliament then proceeded to conduct the necessary preparation for the Restoration Settlement. These preparations included the necessary provisions to deal with land and funding such that the new régime could operate.
Reprisals against the establishment which had developed under Oliver Cromwell were constrained under the terms of the Indemnity and Oblivion Act which became law on 29 August 1660. Nonetheless there were prosecutions against those accused of regicide, the direct participation in the trial and execution of Charles I.
The Convention Parliament was dissolved by Charles II on 29 December 1660. The succeeding parliament was elected in May 1661, and was called the Cavalier Parliament. It set about both systematically dismantling of all the legislation and institutions which had been introduced during the Interregnum, and the confirming of the Acts of the Convention Parliament.
As all the acts of the Commonwealth parliaments were obliterated from the legal record, the Convention Parliament replicated some of the legislation they wanted to keep (e.g. the Navigation Act 1651) in new acts.
The Convention Parliament (29 December – 22 January 1689) was the first parliament of the 'Glorious Revolution' of 1688.
This parliament, which met in 1689 after the departure of King James II of England, was not summoned by the King. It decided that the King had abdicated by fleeing the capital and throwing the Great Seal of the Realm in the River Thames. It also offered the throne jointly to King William III and Queen Mary II, formally recognising Prince William of Orange as King by passing the Bill of Rights 1689.
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 Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster in London. Parliament possesses legislative supremacy and thereby holds ultimate power over all other political bodies in the United Kingdom and the Overseas Territories. While Parliament is bicameral, it has three parts: the sovereign, the House of Lords, and the House of Commons. The three parts acting together to legislate may be described as the King-in-Parliament. The Crown normally acts on the advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation.
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 monarchy of the United Kingdom, commonly referred to as the British monarchy, is the form of government used by the United Kingdom by which a hereditary monarch reigns as the head of state, with their powers regulated by the British Constitution. The term may also refer to the role of the royal family within the UK's broader political structure. The monarch since 8 September 2022 is King Charles III, who ascended the throne on the death of Queen Elizabeth II, his mother.
The Stuart Restoration was the reinstatement in May 1660 of the Stuart monarchy in England, Scotland, and Ireland. It replaced the Commonwealth of England, established in January 1649 after the execution of Charles I, with his son Charles II.
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 the English monarch. Great councils were first called Parliaments during the reign of Henry III. By this time, the king required Parliament's consent to levy taxation.
The Kingdom of England was a sovereign state on the island of Great Britain from the early tenth century, when it was unified from various Anglo-Saxon kingdoms, until 1 May 1707, when it united with Scotland to form the Kingdom of Great Britain, which would later become the United Kingdom. The Kingdom of England was among the most powerful states in Europe during the medieval and early modern periods.
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.
The precise style of the British sovereign is chosen and proclaimed by the sovereign, in accordance with the Royal Titles Act 1953. The current sovereign, King Charles III, was proclaimed by the Privy Council in 2022 to have acceded to the throne with the style:
Charles the Third, by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of His other Realms and Territories, King, Head of the Commonwealth, Defender of the Faith
The Claim of Right is an act passed by the Convention of the Estates, a sister body to the Parliament of Scotland, in April 1689. It is one of the key documents of United Kingdom constitutional law and Scottish constitutional law.
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.
This is a list of the parliaments of the United Kingdom, of Great Britain and of England from 1660 to the present day, with the duration of each parliament. The NP number is the number counting forward from the creation of the United Kingdom in 1801 and Great Britain in 1707. Prior to that, the parliaments are counted from the Restoration in 1660.
This article augments the List of parliaments of England to be found elsewhere and to precede Duration of English, British and United Kingdom parliaments from 1660, with additional information which could not be conveniently incorporated in them.
The 1689 Convention of Estates sat between 16 March 1689 and 5 June 1689 to determine the settlement of the Scottish throne, following the deposition of James VII in the 1688 Glorious Revolution. The Convention of the Estates of Scotland was a sister-institution to Parliament, comprising the three estates of bishops, barons and representatives of the Burghs. Historically, it had been summoned by the king of Scots for the limited purpose of raising taxes, and could not pass other legislation. Unlike the English Convention Parliament of 1689, the 1689 Scottish Convention was also a contest for control of the Church of Scotland or Kirk.
The Parliament Act 1660 was an Act of the Convention Parliament of England of 1660. The Act declared the Long Parliament to be dissolved, and the Lords and Commons then sitting to be the two Houses of Parliament, notwithstanding that they had not been convened by the King.
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 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.
The history of the monarchy of the United Kingdom and its evolution into a constitutional and ceremonial monarchy is a major theme in the historical development of the British constitution. The British monarchy traces its origins to the petty kingdoms of Anglo-Saxon England and early medieval Scotland, which consolidated into the kingdoms of England and Scotland by the 10th century. The Norman and Plantagenet dynasties expanded their authority throughout the British Isles, creating the Lordship of Ireland in 1177 and conquering Wales in 1283. In 1215, King John agreed to limit his own powers over his subjects according to the terms of Magna Carta. To gain the consent of the political community, English kings began summoning Parliaments to approve taxation and to enact statutes. Gradually, Parliament's authority expanded at the expense of royal power.
