Convention Parliament (England)
A Convention Parliament is a parliament in English history which, owing to an abeyance of the Crown, assembled without formal summons by the Sovereign. Sir William Blackstone applied the term to only two English Parliaments those of 1660 and 1689, but some sources have also applied the name to the parliament of 1399.
Features of the convention parliaments
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.
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".
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).
Convention Parliament of 1399
The first example of a convention parliament is the parliament of 1399. 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. 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.
Convention Parliament of 1660
|“||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 edition 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. Elected as a "free parliament", 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.
In legal statutes, the Convention parliament is cited as 12 Charles II (parliamentary session of the "12th regnal year of Charles II"). Among the legislation passed by it were:
- Parliament Act 1660 (c.1)
- An Act for putting in execution an Ordinance mentioned in this Act
- An Act for the Continuance of Processe and Judiciall Proceedings
- Tunnage and Poundage Act (c.4), with schedule of very high customs duties, which remained largely unchanged until the 18th century.
- Continuation of Excise Tax until 20 August 1660
- An Act for the present Nominating of Commissioners of Sewers.
- An Act for restoreing unto James Marquesse of Ormond etc.
- An Act for continuing of the Excise till the five and twentyeth day of December One thousand six hundred and sixty.
- Establishment of a poll tax (c.9) to pay off the disbanding of the New Model Army
- An Act for supplying and explaining certaine defects in an Act entituled An Act for the speedy provision of money for disbanding and paying off the forces of this kingdome both by Land and Sea.
- Indemnity and Oblivion Act (c.11)
- Legal Proceedings During Commonwealth Act 1660 (c.12)
- An Act for restraining the takeing of Excessive Usury
- An Act for a Perpetuall Anniversary Thanksgiveing on the nine and twentyeth day of May
- An Act for the speedy disbanding of the Army and Garrisons of this Kingdome
- An Act for inabling the Souldiers of the Army now to be disbanded to exercise Trades
- An Act for the Confirming and Restoreing of Ministers
- the Navigation Act (c.18)
- An Act to prevent Fraudes and Concealments of His Majestyes Customes and Subsidyes
- An Act for raising seavenscore thousand pounds for the compleate disbanding of the whole Army and paying off some part of the Navy
- An Act for the speedy raising of Seaventy thousand pounds for the present Supply of his Majestye
- An Act for the Regulating of the Trade of Bay makeing in the Dutchy Bay Hall in Colchester
- A Grant of certaine Impositions upon Beere Ale and other Liquors for the encrease of His Majestyes Revenue dureing His Life
- Tenures Abolitions Act (c.24)
- An Act for the better Ordering the Selling of Wines by Retaile, and for preventing Abuses in the Mingling Corrupting and Vitiating of Wines, and for Setting and Limitting the Prices of the same
- An Act for the levying of the Arreares of the twelve moneths Assessment commenceing the fower and twentyeth [day] of June One thousand six hundred fifty nine, and the six moneths Assessment commenceing the five and twentyeth [day] of December One thousand sixe hundred fifty nine
- An Act for granting unto the Kings Majestic Fower hundred and twenty thousand pounds by an Assessment of three score and ten thousand pounds by the moneth for six moneths for disbanding the remainder of the Army, and paying off the Navy
- An Act for further suplying and explaining certaine defects in an Act intituled An Act for the speedy provision of money for disbanding and paying off the forces of this kingdome both by land and sea
- An Act for the raiseing of seaventy thousand pounds for the further supply of his Majestie
- An Act for the Attainder of severall persons guilty of the horrid Murther of his late Sacred Majestie King Charles the first
- An Act for Confirmation of Leases and Grants from Colledges and Hospitalls
- Prohibition of wool exports (c.32)
- An Act for Confirmation of Marriages
- Prohibition of tobacco plantations in British Isles (c.34)
- Establishment of the General Post Office (c.35)
- An Act impowering the Master of the Rolls for the time being to make Leases for yeares in order to new build the old houses belonging to the Rolls
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 of 1651) in new acts.
Convention Parliament of 1689
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, but by lawful authority of the Regent appointed by the House of Lords. 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.
- Constituent Assembly
- Constituent Cortes
- Constitutional convention (political meeting)
- List of Parliaments of England
- Revolutionary breach of legal continuity
- List of MPs elected to the English Parliament in 1660
- One or more of the preceding sentences incorporates text from a publication now in the public domain: Chisholm, Hugh, ed. (1911). "Convention". Encyclopædia Britannica. 7 (11th ed.). Cambridge University Press. p. 45.
- Blackstone 1867, pp. 109–110
- Richardson & Sayles 1981, p. 23.
- Finkelman 2006, p. 690
- Chambers's Encyclopaedia (1870), Volume 3 p. 210
- Blackstone 1867, p. 110
- Caplan 1988, p. 5
- "Home: The Queen and the UK: Queen and Government". The official website of the British Monarchy. February 2016.
- Wood 1998, p. 310
- Freeman 2008, pp. 132–133
- Pepys' Diary Entry for 16 March 1660 Entry for 26 April 1660
- History of England, Thomas Babington Macaulay pp 109-110
- "An Act for removing and preventing all Questions and Disputes concerning the Assembling and Sitting of this present Parliament", originally compiled by John Raithby
- "Charles II, 1660: A Subsidy granted to the King of Tonnage and Poundage and other summes of Money payable upon Merchandize Exported and Imported.", originally compiled by John Raithby
- "An Act for the speedy provision of money for disbanding and paying off the forces of this Kingdome both by Land and Sea.", originally compiled by John Raithby
- [http://www.british-history.ac.uk/statutes-realm/vol5/pp226-234 "An Act of Free and Generall Pardon Indempnity and Oblivion", originally compiled by John Raithby
- "An Act for Confirmation of Judiciall Proceedings", originally compiled by John Raithby
- "An Act for the Encourageing and increasing of Shipping and Navigation", originally compiled by John Raithby
- "An Act takeing away the Court of Wards and Liveries and Tenures in Capite and by Knights Service and Purveyance, and for setling a Revenue upon his Majesty in Lieu thereof", originally compiled by John Raithby
- "An Act for prohibiting the Exportation of Wooll Woolfells Fullers Earth or any kinde of Scouring Earth", originally compiled by John Raithby
- "An Act for Prohibiting the Planting Setting or Sowing of Tobaccho in England and Ireland", originally compiled by John Raithby
- Blackstone, William; et al. (1867). Commentaries on the laws of England: In four books. 1. George W. Childs.
- Caplan, Russell L. (1988). Constitutional brinksmanship: amending the Constitution by national convention. Oxford University Press US. ISBN 978-0-19-505573-3.
- Freeman, Edward Augustus (2008) . The Growth of the English Constitution from the Earliest Times. BiblioBazaar, LLC. ISBN 0-559-69077-0.
- Finkelman, Paul (2006). The Encyclopedia of American civil liberties. 1. CRC Press. ISBN 978-0-415-94342-0.
- Richardson, H.G.; Sayles, G.O. (1981). English Parliament Middle Ages (e). Continuum. p. 23. ISBN 9780826442697.
- Wood, Gordon S. (1998). The creation of the American Republic, 1776-1787. UNC Press. ISBN 0-8078-4723-2.