Indemnity and Oblivion Act
Encyclopedia
The Indemnity and Oblivion Act 1660 is an Act
of the Parliament of England
(12 Cha. II c. 11), the long title
of which is "An Act of Free and General Pardon, Indemnity, and Oblivion".
The Indemnity and Oblivion Act fulfilled the suggestion given in the Declaration of Breda
that reprisals against the establishment which had developed during the English Interregnum
would be restricted to those who had officiated in the regicide
of King Charles I
.
The passage of the Indemnity and Oblivion Act through the Convention Parliament was secured by Lord Clarendon
, the first minister of King Charles II
, and it became law on 29 August 1660 during the first year of the English Restoration
.
The lands of the Crown and the established Church were automatically restored, but lands of Royalists and other dissenters confiscated and sold during the Civil War
and interregnum were left for private negotiation or litigation. Disappointed Royalists commented that the Act meant "indemnity for his enemies and oblivion for his friends."
The act is often viewed from the perspective of those who were not pardoned and thus condemned to death. However, the debate in Parliament continued almost every day for over two months and names were added and taken off the list of those who were not to be pardoned. Initially there were only seven on the list to be exempted from the act. These were Thomas Harrison, William Say
, John Jones Maesygarnedd
, Thomas Scot
, John Lisle
, Cornelius Holland
, and John Barkstead
. On 7 June, the Commons, mindful of the Declaration of Breda, stated they as the Commons could add to the list others who would not be covered by the general pardon. They immediately added John Cooke, Andrew Broughton
, Edward Dendy
, and the “Two Persons who were upon the Scaffold in a Disguise”. On 8 June, the Commons voted that “That the Number of Twenty, and no more, (other than those that are already excepted, or sat as Judges upon the late King’s Majesty) shall be excepted out of the Act of general Pardon and Oblivion, for and in respect only of such Pains, Penalties, and Forfeitures, (not extending to Life) as shall be thought fit to be inflicted on them by another Act, intended to be hereafter passed for that purpose”.
One of the people to benefit directly from the Act was John Milton
who was released from prison.
The Act was repealed by the Statute Law Revision Act 1948
.
on the 16 August 1664 by Sir Paul Davys.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of England
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
(12 Cha. II c. 11), the long title
Long title
The long title is the formal title appearing at the head of a statute or other legislative instrument...
of which is "An Act of Free and General Pardon, Indemnity, and Oblivion".
The Indemnity and Oblivion Act fulfilled the suggestion given in the Declaration of Breda
Declaration of Breda
The Declaration of Breda was a proclamation by Charles II of England in which he promised a general pardon for crimes committed during the English Civil War and the Interregnum for all those who recognised Charles as the lawful king; the retention by the current owners of property purchased during...
that reprisals against the establishment which had developed during the English Interregnum
English Interregnum
The English Interregnum was the period of parliamentary and military rule by the Lord Protector Oliver Cromwell under the Commonwealth of England after the English Civil War...
would be restricted to those who had officiated in the regicide
Regicide
The broad definition of regicide is the deliberate killing of a monarch, or the person responsible for the killing of a monarch. In a narrower sense, in the British tradition, it refers to the judicial execution of a king after a trial...
of King Charles I
Charles I of England
Charles I was King of England, King of Scotland, and King of Ireland from 27 March 1625 until his execution in 1649. Charles engaged in a struggle for power with the Parliament of England, attempting to obtain royal revenue whilst Parliament sought to curb his Royal prerogative which Charles...
.
The passage of the Indemnity and Oblivion Act through the Convention Parliament was secured by Lord Clarendon
Edward Hyde, 1st Earl of Clarendon
Edward Hyde, 1st Earl of Clarendon was an English historian and statesman, and grandfather of two English monarchs, Mary II and Queen Anne.-Early life:...
, the first minister of King Charles II
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...
, and it became law on 29 August 1660 during the first year of the English Restoration
English Restoration
The Restoration of the English monarchy began in 1660 when the English, Scottish and Irish monarchies were all restored under Charles II after the Interregnum that followed the Wars of the Three Kingdoms...
.
The lands of the Crown and the established Church were automatically restored, but lands of Royalists and other dissenters confiscated and sold during the Civil War
English Civil War
The English Civil War was a series of armed conflicts and political machinations between Parliamentarians and Royalists...
and interregnum were left for private negotiation or litigation. Disappointed Royalists commented that the Act meant "indemnity for his enemies and oblivion for his friends."
The act is often viewed from the perspective of those who were not pardoned and thus condemned to death. However, the debate in Parliament continued almost every day for over two months and names were added and taken off the list of those who were not to be pardoned. Initially there were only seven on the list to be exempted from the act. These were Thomas Harrison, William Say
William Say
William Say was an English Member of Parliament and one of the regicides of King Charles I.Say was educated at University College, Oxford and the Middle Temple before being called to the Bar in 1631...
, John Jones Maesygarnedd
John Jones Maesygarnedd
Colonel John Jones was a Welsh military leader, politician and one of the regicides of King Charles I. A brother-in-law of Oliver Cromwell, Jones was born at Llanbedr in North Wales and is often surnamed Jones Maesygarnedd after the location of his Merionethshire estate. Jones spoke Welsh with his...
, Thomas Scot
Thomas Scot
Thomas Scot was an English Member of Parliament and one of the regicides of King Charles I.- Early life :In 1626 Thomas Scot married Alice Allinson of Chesterford in Essex. He was a lawyer in Buckinghamshire and grew to prominence as the treasurer of the region’s County Committee between 1644 to...
, John Lisle
John Lisle
Sir John Lisle was an English lawyer and politician who sat in the House of Commons at various times between 1640 and 1659. He supported the Parliamentarian cause in the English Civil War and was one of the Regicides of King Charles I of England...
, Cornelius Holland
Cornelius Holland (regicide)
Cornelius Holland Born London, England; died possibly at Lausanne, Switzerland about 1671, after he was wanted for his part in the regicide of Charles I of England....
, and John Barkstead
John Barkstead
John Barkstead was an English Major-General and Regicide.Barkstead was a goldsmith in London; captain of parliamentary infantry under Colonel Venn; governor of Reading, 1645: commanded regiment at siege of Colchester; one of the king's judges, 1648; governor of Yarmouth, 1649, and of the Tower,...
. On 7 June, the Commons, mindful of the Declaration of Breda, stated they as the Commons could add to the list others who would not be covered by the general pardon. They immediately added John Cooke, Andrew Broughton
Andrew Broughton
Andrew Broughton was Clerk of the Court at the High Court of Justice for the trial King Charles I of England.There are not many records of his early life. He was probably born in Seaton, Rutland as the younger son of Richard Broughton...
, Edward Dendy
Edward Dendy (regicide)
Edward Dendy was a regicide who helped to facilitate the trial of Charles I.Dendy was the son of Edward Dendy, serjeant-at-arms. Dendy inherited his fathers position and served as serjeant-at-arms in the Long Parliament and for the Rump...
, and the “Two Persons who were upon the Scaffold in a Disguise”. On 8 June, the Commons voted that “That the Number of Twenty, and no more, (other than those that are already excepted, or sat as Judges upon the late King’s Majesty) shall be excepted out of the Act of general Pardon and Oblivion, for and in respect only of such Pains, Penalties, and Forfeitures, (not extending to Life) as shall be thought fit to be inflicted on them by another Act, intended to be hereafter passed for that purpose”.
One of the people to benefit directly from the Act was John Milton
John Milton
John Milton was an English poet, polemicist, a scholarly man of letters, and a civil servant for the Commonwealth of England under Oliver Cromwell...
who was released from prison.
Timeline for the English legislation
- British History On-line House of Commons Journal Volume 8 (www.british-history.ac.uk)
- 9 May 1660, Pardon and Oblivion First reading
- 12 May 1660, Pardon and Oblivion Second reading.
- 17 May 1660, Bill of Pardon and Oblivion to go to committee
- 11 July 1660 Pardon and Oblivion That the Title of this Bill be, “An Act of free and general Pardon, Indemnity, and Oblivion” Passed and was sent to the House of Lords.
- 16 20 July 1660 Proceedings of Regicides Ordered, That the Instrument for proclaiming the High Court of Justice for judging of the late King’s Majesty, together with the Journal of their Proceedings, be sent to the Lords, to be by them made use of.
- 7 August 1660 Lords reminded of Bills Including the “The Act of General Pardon, Indemnity, and Oblivion”
- 11 Aug 1660 Pardon and Oblivion Back from House of Lords with Provisoes, Alterations, and Additions. Passed to committee.
- 13 August 1660 Passed amendments and the Bill was sent to the House of Lords.
- Lords desire a Conference conference concerning the Act of Indemnity.
- 28 August 1660 Pardon and Oblivion The House agreed to the final amendments to which a joint house conference had agreed and ordered that the Bill of “General Pardon, Indemnity, and Oblivion” be sent to the Lords, as it was now amended. The reply came back from the House of Lords that his Majesty, would “be pleased to come To-morrow Morning, to pass the Bill, as is desired”.
- British History On-line House of Lords Journal Volume 11 (www.british-history.ac.uk)
- 29 August 1660 Bills passed One of which was “An Act of Free and General Pardon, Indemnity, and Oblivion”.
The Act was repealed by the Statute Law Revision Act 1948
Statute Law Revision Act 1948
The Statute Law Revision Act 1948 is an Act of the Parliament of the United Kingdom.Section 5 and Schedule 2 authorised the citation of 158 earlier Acts by short titles....
.
Irish Act
An Irish act by the same name “An Act of Free and General Pardon, Indemnity, and Oblivion [for Ireland]” was sent to the Duke of OrmondeJames Butler, 1st Duke of Ormonde
James Butler, 1st Duke of Ormonde PC was an Irish statesman and soldier. He was the second of the Kilcash branch of the family to inherit the earldom. He was the friend of Thomas Wentworth, 1st Earl of Strafford, who appointeed him commander of the Cavalier forces in Ireland. From 1641 to 1647, he...
on the 16 August 1664 by Sir Paul Davys.
See also
- Act of General Pardon and Oblivion 1652
- Act of Indemnity and Free Pardon 1659