Act of Parliament | |
Long title | An Act for Reversing the Judgment in a Quo Warranto against the City of London and for Restoreing the City of London to its antient Rights and Privileges. |
---|---|
Citation | 2 Will. & Mar. c. 8 |
Dates | |
Royal assent | 20 May 1690 |
Text of statute as originally enacted |
The London, Quo Warranto Judgment Reversed Act 1689 is an Act of the Parliament of England (2 Will. & Mar. c. 8), the long title of which is "An Act for Reversing the Judgment in a Quo Warranto against the City of London and for Restoreing the City of London to its antient Rights and Privileges".
Enacted shortly after the Glorious Revolution, it restored various valuable privileges of the officers, companies, and corporations of the City of London that had been seized under a writ of quo warranto by Charles II and James II to augment the royal revenue. [1] Noorthouck writes, "[T]his being the last confirmation of the rights and privileges of the citizens [of London], [it] ought justly to be known by all." [2]
The Glorious Revolution was the deposition of James II and VII in November 1688. He was replaced by his daughter Mary II, and her Dutch husband, William III of Orange, who was also James's nephew. The two ruled as joint monarchs of England, Scotland, and Ireland until Mary's death in 1694, when William became ruler in his own right. Jacobitism as a political movement persisted into the late 18th century. William's invasion was the last successful invasion of England.
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 constitution of the United Kingdom is an uncodified constitution made up of various statutes, judicial precedents, convention, treaties and other sources. Beginning in the Middle Ages, the constitution developed gradually in response to various crises. By the 20th century, the British monarchy had become a constitutional and ceremonial monarchy, and Parliament developed into a representative body exercising parliamentary sovereignty.
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and certiorari are common types of writs, but many forms exist and have existed.
"Prerogative writ" is a historic term for a writ that directs the behavior of another arm of government, such as an agency, official, or other court. It was originally available only to the Crown under English law, and reflected the discretionary prerogative and extraordinary power of the monarch. The term may be considered antiquated, and the traditional six comprising writs are often called the extraordinary writs and described as extraordinary remedies.
In the English-American common law, quo warranto is a prerogative writ issued by a court which orders someone to show what authority they have for exercising some right, power, or franchise they claim to hold. The writ of quo warranto still exists in the United States, although it is uncommon, but it has been abolished in England and Wales. Quo warranto is also used, with slightly different effect, in the Philippines.
John Somers, 1st Baron Somers, was an English jurist, Whig statesman and peer. Somers first came to national attention in the trial of the Seven Bishops where he was on their defence counsel. He published tracts on political topics such as the succession to the crown, where he elaborated his Whig principles in support of the Exclusionists. He played a leading part in shaping the Revolution settlement. He was Lord High Chancellor of England under King William III and was a chief architect of the union between England and Scotland achieved in 1707 and the Protestant succession achieved in 1714. He was a leading Whig during the twenty-five years after 1688; with four colleagues he formed the Whig Junto.
In English law, a writ of scire facias is a writ founded upon some judicial record directing the sheriff to make the record known to a specified party, and requiring the defendant to show cause why the party bringing the writ should not be able to cite that record in his own interest, or formerly why, in the case of letters patent and grants, the patent or grant should not be annulled and vacated. Largely withdrawn by 1947, its use in the administrative court remains one of the two ways in which a Royal Charter can be involuntarily revoked, the other being primary legislation in Parliament. In the United States, the writ has been abolished under federal law but may still be available in some state legal systems.
Events from the year 1690 in England.
Sir George Treby JP (1643–1700), of Plympton, Devon, and of Fleet Street in the City of London, was Lord Chief Justice of the Common Pleas and six times Member of Parliament for the Rotten Borough of Plympton Erle, Devon, largely controlled by him and his descendants until abolished by the Great Reform Act of 1832.
Sir Henry Pollexfen of Nutwell in the parish of Woodbury, Devon, was Lord Chief Justice of the Common Pleas.
Henry Cornish was a London alderman, executed in the reign of James II of England.
The Restoration was the return of the monarchy to Scotland in 1660 after the period of the Commonwealth, and the subsequent three decades of Scottish history until the Revolution and Convention of Estates of 1689. It was part of a wider Restoration in the British Isles that included the return of the Stuart dynasty to the thrones of England and Ireland in the person of Charles II.
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.
Sir Edmund Saunders was an English judge, promoted to a high position at the end of the reign of Charles II of England.
Sir Thomas Pilkington was an English merchant and Whig politician who served as the Lord Mayor of London in 1689.
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.
Elly Velez Lao Pamatong, commonly known as Elly Pamatong, was a Filipino lawyer, politician and the self-proclaimed President of the Philippines known for his attempts to participate in Philippine elections. Pamatong was declared a nuisance candidate twice for his attempted candidacy for president in 2004 and 2010 by the Commission on Elections (COMELEC).
The quo warranto petition against Maria Lourdes Sereno, filed before the Supreme Court of the Philippines, led to the landmark case Republic v. Sereno, which nullified Maria Lourdes Sereno's appointment as Chief Justice of the Supreme Court of the Philippines, finding that she never lawfully held the office due to a lack of integrity for failing to file certain required financial documents. As a result, she was ousted from the Supreme Court as Chief Justice. The Court handed down its ruling on May 11, 2018. The case began with a filing before the House of Representatives of an impeachment demand, the accusations in which Solicitor General Jose Calida used as the factual basis for his quo warranto petition.
William Clement was an English priest.