From Glorious Revolution to the French Revolution: 1660-1789 Lecture 3 From Glorious Revolution to the French Revolution: 1660-1789

The Restoration 1660 Charles II r. 1660-1685

Habeus Corpus Act 1679 This act was passed to define and strengthen the ancient rights of habeus corpus (Latin – translation ‘that you have the body’) – it required a court to examine the lawfulness of a prisoner’s detention and was intended to prevent unlawful and arbitrary imprisonment.

The Glorious Revolution 1688 James II William III & Mary II

Declaration of Reasons for Appearing in Arms in England. William III ‘… it is that we cannot any longer forbear to declare, that, to our great Regret, we see, that those Counsellors, who have now the Chief Credit with the King, have overturned the Religion, Laws and Liberties of those Realms, and subjected them, in all things relating to their Consciences, Liberties and Properties, to arbitrary Government; and That, not only by secret and indirect Ways, but in an open and undisguised Manner.’ ‘Those evil Counsellors, for the advancing and colouring This with some plausible Pretexts, did invent and set on foot the King's dispensing Power; by virtue of which they pretend, that, according to Law, he can suspend and dispence with the Execution of the Laws, that have been enacted by the Authority of the King and Parliament, for the Security and Happiness of the Subject; and so have rendered those Laws of no Effect: Though there is nothing more certain, than that, as no Laws can be made but by the joint Concurrence of King and Parliament, so likewise Laws so enacted, which secure the publick Peace and Safety of the Nation, and the Lives and Liberties of every Subject in it, cannot be repealed or suspended but by the same Authority.’ http://www.british-history.ac.uk/commons-jrnl/vol10/pp1-6

Bill of Rights and Declaration of Right 1689 The Bill of Rights lays down limits on the powers of the monarch, and sets out the rights of Parliament, including: The requirement for regular parliaments Free elections Freedom of speech in Parliament. It set out certain rights of individuals including the prohibition of cruel and unusual punishment It re-established Protestants to have arms for their defence within the rule of law.

‘[T]he said Lords Spiritual and Temporal and Commons, ‘[T]he said Lords Spiritual and Temporal and Commons, ... do in the first place (as their ancestors in like case have usually done) for the vindicating and asserting their ancient rights and liberties declare ... That it is the right of the subjects to petition the king, and all commitments and prosecutions for such petitioning are illegal…’

John Locke, Two Treatise on Government (1689)

‘Mobs’ and The Riot Act 1715 A riot is: ‘[a] tumultuous disturbance of the peace by three persons or more, who assemble together of their own authority, with an intent ... in the execution of an enterprise…in a violent and turbulent manner, to the terror of the people…’ John Stevenson, Popular Disturbances in England 1700-1870 (Longman, 1979), p. 6

Extract from the 1715 Riot Act ‘That if any persons to the number of twelve or more, being unlawfully, riotously, and tumultuously assembled together, to the disturbance of the publick peace, at any time … and being required or commanded by any one or more justice or justices of the peace … where such assembly shall be, by proclamation to be made in the King's name, in the form herin after directed, to disperse themselves, and peaceably to depart to their habitations… [if the] twelve or more …. unlawfully, riotously, and tumultuously remain or continue together by the space of one hour after such command or request made by proclamation … the offenders therein shall be adjudged felons, and shall suffer death as in a case of felony without benefit of clergy.’ Extract from the 1715 Riot Act

Proclamation of the Riot Act 1715 ‘Our sovereign Lord the King chargeth and commandeth all persons, being assembled, immediately to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, upon the pains contained in the act made in the first year of King George, for preventing tumults and riotous assemblies. God save the King.’ Proclamation of the Riot Act 1715

John Wilkes and Liberty

‘If ministers can once usurp the power of declaring who shall not be your representative, the next step… is that of telling you who you shall send to parliament, and then the boasted constitution of England will be entirely torn up by the roots.’ John Wilkes, cited by Horspool, p. 316