Tumultuous Petitioning Act 1661
Encyclopedia
The Tumultuous Petitioning Act 1661 is an Act
of the Parliament of England
(13 Car. II. c. 5), long title
"An Act against Tumults and Disorders upon pretence of preparing or presenting publick Peticions or other Addresses to His Majesty or the Parliament".
Petitions to either the House of Commons
or House of Lords seem to have been later in origin than petitions to the Crown
. They are not referred to in the Bill of Rights 1689
, but the right of petition is a convention of the constitution. Petitions to the Lords or the whole Parliament can be traced back to Henry III
. No petition to the Commons has been found earlier than Richard II
; but from the time of Henry IV
petitions to the Commons have been freely made. The political importance of petitioning dates from about the reign of Charles I
. The development of the practice of petitioning had proceeded so far in the reign of Charles II
as to lead to the passing in 1662 of an act against "tumultuous petitioning."It provides that no petition or address shall be presented to the king or either house of Parliament by more than ten persons; nor shall any one procure above twenty persons to consent or set their hands to any petition for alteration of matters established by law in church or state, unless with the previous order of three justices of the county, or the major part of the grand jury.
It was repealed by the Public Order Act 1986
(c.64) (section 40(3) and Schedule 3).
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...
(13 Car. II. c. 5), long title
Long title
The long title is the formal title appearing at the head of a statute or other legislative instrument...
"An Act against Tumults and Disorders upon pretence of preparing or presenting publick Peticions or other Addresses to His Majesty or the Parliament".
Petitions to either the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
or House of Lords seem to have been later in origin than petitions to the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
. They are not referred to in the Bill of Rights 1689
Bill of Rights 1689
The Bill of Rights or the Bill of Rights 1688 is an Act of the Parliament of England.The Bill of Rights was passed by Parliament on 16 December 1689. It was a re-statement in statutory form of the Declaration of Right presented by the Convention Parliament to William and Mary in March 1689 ,...
, but the right of petition is a convention of the constitution. Petitions to the Lords or the whole Parliament can be traced back to Henry III
Henry III of England
Henry III was the son and successor of John as King of England, reigning for 56 years from 1216 until his death. His contemporaries knew him as Henry of Winchester. He was the first child king in England since the reign of Æthelred the Unready...
. No petition to the Commons has been found earlier than Richard II
Richard II of England
Richard II was King of England, a member of the House of Plantagenet and the last of its main-line kings. He ruled from 1377 until he was deposed in 1399. Richard was a son of Edward, the Black Prince, and was born during the reign of his grandfather, Edward III...
; but from the time of Henry IV
Henry IV of England
Henry IV was King of England and Lord of Ireland . He was the ninth King of England of the House of Plantagenet and also asserted his grandfather's claim to the title King of France. He was born at Bolingbroke Castle in Lincolnshire, hence his other name, Henry Bolingbroke...
petitions to the Commons have been freely made. The political importance of petitioning dates from about the reign of 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 development of the practice of petitioning had proceeded so far in the reign of 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...
as to lead to the passing in 1662 of an act against "tumultuous petitioning."It provides that no petition or address shall be presented to the king or either house of Parliament by more than ten persons; nor shall any one procure above twenty persons to consent or set their hands to any petition for alteration of matters established by law in church or state, unless with the previous order of three justices of the county, or the major part of the grand jury.
It was repealed by the Public Order Act 1986
Public Order Act 1986
The Public Order Act 1986 is an Act of the Parliament of the United Kingdom. It creates a number of public order offences. They replace similar common law offences and parts of the Public Order Act 1936...
(c.64) (section 40(3) and Schedule 3).