Legal case
Godden v. Hales
Introduction
Godden v. Hales was a King’s Bench case from 1686 between Sir Edward Hales and Mr. Godden. Hales had converted to Catholicism in 1685 and given command of a regiment of foot by King James VII/II. This position required the appointee to receive Holy Communion in the Church of England and take the oaths of Supremacy and Allegiance. As a Catholic, Hales refused communion and did not take the necessary oaths. A case was brought against him by his servant, Mr. Godden.
The situation was a ruse concocted by King James and Hales to expand royal power. Hales argued that he had been exempted from the oaths by the king. Ultimately, the court, which had been packed with Crown supporters, found in favor of Hales. They concluded that the king, as sovereign, could dispense with laws.
These extracts are from debates within the Convention Parliament of 1689. The Convention Parliament transferred the Crown to William of Orange and Mary following the abdication of James VII/II. This part of the debate was concerned with Godden v. Hales and the judges involved in making the decision.
Jamie Gemmell
Further Reading
Sources
- The Case of Sir Edward Hales, Baronet. Being an Exact Account of the Tryal Upon an Action Of 500 Pound Brought against Him, With his Plea thereto, Upon the King’s Dispensing with the Stat. 25 Car. II. and the Opinion of the Judges Thereupon. (London: Printed for J. Watts, 1689).
- Folger Shakespeare Library, C993 (folio).
- Transcription by Michael Becker, Dylan Bails, and Boone Ayala.
- The History and Proceedings of the House of Lords from the Restoration in 1660 to the present time.., Vol. II. (London: Printed for Richard Chandler, 1742).
- Library of Congress Rare Book Collection, J301 .K2 Pre-1801 Coll
- Transcription by Michael Becker and Dylan Bails.
- Journals of the House of Commons, Vol. 10. (London: [s.n.], 1742).
- Library of Congress Rare Book Collection, J301 .K3 Pre-1801 Coll : fol.
- Transcription by Michael Becker and Dylan Bails.
- Grey, Anchitell. Debates of the House of Commons, From the Year 1667 to the Year 1694, Vol. IX. (London: Printed for D. Henry and R. Cave, at St John’s Gate; and J. Emonson, in St John’s Square, 1763).
- Folger Shakespeare Library, J301.P2 1667-1694 Cage.
- Transcription by Michael Becker and Dylan Bails.
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Please be aware that many of the works in this project contain racist and offensive language and descriptions of punishment and enslavement that may be difficult to read. However, this language and these descriptions reveal the horrors of slavery. Please take care when transcribing these materials, and see our Ethics Statement and About page.