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CONSTITUTIONALISM IN ENGLAND 1600 – 1725
I ENGLISH SOCIETY IN THE 17th CENTURY
1. Capitalism played a major role in the high degree of social
mobility.
a. The Commercial Revolution significantly increased the size of the
English middle-class.
b. Improved agricultural techniques, improved farming (enclosure
movement), and husbandry.
c. The size of the middle-class became proportionately larger than
any country in Europe, with the exception of the Netherlands.
2. Gentry.
a. Wealthy landowners in the countryside dominated politics in
the House of Commons (England’s lower house in Parliament)
b. Many of the gentry had been commercially successful and had
moved up from the middle-class into the upper-class
c. Relied heavily on legal precedent to limit the power of the
king on economic and political matters.
d. Were willing to pay taxes so long as the House of Commons had
a say in national expenditures.
1) The tax burden was more equitable in England, the peasantry
was not heavily exploited as in France.
2) The issue of taxation brought the House of Commons and the
monarchy into direct conflict
3. Religion
a. Calvinists comprised perhaps the largest percentage of the
population by the early 17th century while the Anglican Church
lost ground
b. Puritans (the most reform-minded of the Calvinists) sought to
“purify” the Church of England by removing many of its Catholic
elements
c. The “Protestant work ethic” profoundly impacted members of
the middle-class and gentry.
d. Calvinists in particular were highly opposed to any influence by
the Catholic Church
e. James I and Charles I were sympathetic to Catholicism. Charles
II was secretly Catholic while James II was openly Catholic.
II CONFLICTS WHICH LED TO THE ENGLISH CIVIL WAR
(ECW):
1. POWER: The King vs. Parliament. Who rules England?
a. The Stuart kings insisted on absolutism and rule by divine right.
b. Parliament wanted to limit the king’s power.
2. MONEY: Elizabeth left a large national debt and the Stuarts needed
money for wars and their personal expenses. Parliament was
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reluctant to raise taxes.
3. RELIGION: Puritans vs. the Church of England.
a. Was there to be a single state religion, Anglican (similar to
Catholicism), or several Protestant sects. The Puritans (similar to
Presbyterians) were the chief sect.
b. Stuart ties to the Catholic Church caused Protestants to fear a
return to Catholicism.
4. SOCIAL: Middle class vs. nobility.
a. The nobility controlled the House of Lords while the middle class
controlled Parliament.
b. The new wealthy middle class wanted political power equal to
their economic power.
Notes
III JAMES I (1603-1625)
1. Background:
a. He was a “foreigner”, from Scotland, to the English. He spoke
English with a heavy Scot accent, which annoyed everyone, and
lacked any form of tact.
b. He inherited large debts from Elizabeth’s wars.
c. James unwisely flaunted his wealth (not to mention his male
lovers) and thus damaged the prestige of the monarchy.
2. Absolutism:
a. James I firmly believed in absolutism and the “divine right” of
kings. This infuriated Parliament.
b. Claimed “No bishop; no king” in response to Calvinists who
wanted to eliminate system of bishops in the Church of England.
c. Started war with Spain over marriage of his son Charles I.
d. Dissolved Parliament twice over issues of taxation and
parliamentary demands for free speech.
e. Gunpowder Plot 1605 (Guy Fawkes): Catholic conspiracy to
blow up Parliament & King. Fawkes was caught and the plot
failed. Today Guy Fawkes Day is England’s equivalent to our 4th
of July.
3. Religion:
a. He favored a state religion, the Anglican Church, which was
similar to Catholicism.
b. His greatest achievement was the King James version of the
Bible.
c. Archbishop Laud imposed the Book of Common Prayer and
reintroduced Catholic like ritual to the Anglican Church.
IV CHARLES I (1625-1649)
1. Background:
a. Son of James I; had even less tact than dad.
b. Increased fears of a return to Catholicism:
1) “Secretly” Catholic
2) He married a Catholic.
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3) Ordered the use of Laud’s Book of Common Prayer and
appointed him Archbishop of Canterbury.
4) Promoted reforms of the Anglican Church which appeared to
bring it closer to Catholicism and caused a revolt in Scotland.
c. Like James, he claimed “divine right” theory of absolute authority
for himself as king and sought to rule without Parliament
2. Tax issues pitted Charles I against Parliament:
a. By 1628, both houses of Parliament were firmly opposed to the
king.
b. He was desperate for money due to war with Spain in 1626-27.
Since Parliament wouldn’t grant new taxes he:
1) Forced loans from nobles and the wealthy, and invented new
taxes.
2) Arrested and imprisoned, without a trial, those who didn’t pay
the loans indefinitely.
3) Quartered troops in private homes, at the owner’s expense, to
save money and punish political opponents.
3. The Parliament of 1628:
a. Parliament encouraged the king to grant basic legal rights in
return for granting tax increases.
b. The Petition of Right (1628):
c. Provisions:
1) Only Parliament had right to levy taxes, gifts, loans, or
contributions.
2) No one should be imprisoned or detained without due
process of law.
3) All had the right to habeas corpus (trial).
4) No forced quartering of soldiers in homes of private citizens.
5) Martial law could not be declared in peacetime.
d. Charles I approved the Petition of Right in June 1628.
1) Charles accepted the Petition without any intention of abiding
by it.
2) He believed the Petition could not prevent him from
exercising his royal powers.
3) He was under great financial pressure.
e. Parliament continued to refuse increased taxation in spite of the
Petition of Right. It also demanded that any movement of the
govt. toward Catholicism be treated as treason.
f. Charles dissolved Parliament in 1629 and ruled without it for
11 years. This period is known as the “Personal Rule” or the
“Eleven Years' Tyranny.”
4. The “Eleven Years' Tyranny.” 1629-1640
a. In effect, Charles ruled as an absolute monarch.
b. He raised money using Medieval forms of forced taxation (those
with a certain amount of wealth were obligated to pay).
c. “Ship money”: all counties now required to pay to outfit ships
where before only coastal communities had paid during times of
war.
d. Religious persecution of Puritans became the biggest reason for
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the English Civil War.
5. The “Short Parliament”, 1640
a. A Scottish military revolt in 1639-40 occurred when Charles
attempted to impose the English Prayer Book on the Scottish
Presbyterian church. The Scots remained loyal to the Crown
despite the revolt over religious doctrine.
b. Charles I needed new taxes to fight the war against Scotland.
c. Parliament was re-convened in 1640 but refused to grant Charles
his new taxes if he did not accept the rights outlined in the
Petition of Right and grant church reforms.
d. Charles disbanded Parliament after only a month.
6. “Long Parliament” (1640-1648)
a. Desperate for money after the Scottish invasion of northern
England in 1640, Charles finally agreed to certain demands by
Parliament.
1) Parliament could not be dissolved without its own consent.
2) Triennial Act of 1641, required Parliament to meet a
minimum of once every three years.
3) “Ship money” was abolished.
4) The leaders of the persecution of Puritans were to be tried and
executed (including Archbishop Laud)
5) The Star Chamber (still used to suppress nobles) was
abolished.
6) Common law courts were supreme to the king’s courts.
7) Refused funds to raise an army to defeat the Irish revolt
b. The Puritans came to represent the majority in Parliament against
the king’s Anglican supporters
c. The Grand Remonstrance 1641: Passed by Parliament it listed
over 150 perceived "misdeeds" of Charles' reign including the
Church and royal advisers. The second half of the Remonstrance
proposed solutions to the "misdeeds" including church reform and
Parliamentary influence over the appointment of royal ministers.
Charles rejected it.
d. The Militia Ordinance 1641: Due to an Irish rebellion
Parliament demanded the power to appoint commanders of the
Army and Navy. It was also rejected.
e. The Nineteen Propositions: Issued by Parliament in the hopes
of reaching a settlement with the King. They called for a new
constitution recognizing their own supremacy; demanded that
ministers and judges should be appointed by parliament not by
the King and also that all Church and military matters should
come under the control of Parliament.
f. Charles was convinced that five Puritan members of Parliament
were the source of opposition to the crown.
g. On 4 Jan. 1642 Charles entered Parliament with 400 troops to
arrest the opposition leaders for treason but, all five had fled.
This action was a flagrant violation of the law and the equivalent
of a declaration of war.
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Notes
V ENGLISH CIVIL WAR (ECW)
1. March 1642 Charles declared war against his opponents in Parliament
Royalists
Or Cavaliers
Parliamentarians
Or Roundheads
Catholics, including the Irish; most
of the Nobles; rural country gentry;
about half of all Members of
Parliament; the poorer areas of the
North and West.
Puritans and Presbyterians; the more
militant Members of Parliament;
majority of businessmen; some
nobles; the richer areas of the South
and East; support of the navy and the
merchant marine
The supporters of the King were
called Cavaliers because many of
them fought on horseback. The term
comes from the French 'chevalier'
meaning 'horse'. Cavaliers had long
hair and wore fancy clothes.
Parliamentarians were nicknamed
'roundheads' because they cut their
hair very short. They also wore very
plain and simple clothes.
Cavalier
2. PHASE I, 1642-1646, Charles I vs. Parliament.
a. Initially Charles’ forces won several victories.
b. The Roundhead’s army was disorganized and poorly trained.
c. Oliver Cromwell, a fiercely Puritan independent military leader,
built the New Model Army.
1) The New Model Army was highly trained and well led.
2) It was thoroughly indoctrinated in Puritanism.
3) It became the core of Parliament’s army.
d. In 1649 Cromwell’s New Model Army decisively defeated the
Cavaliers at the battle of Naseby. Charles I surrendered to
Parliament
3. PHASE II, 1646-1649, Parliament vs. the New Model Army.
a. With the surrender of Charles I, Parliament squabbled about what
to do next.
1) A large group of members supported restoring the king to
“limited” power.
2) Restoration couldn’t be accomplished while the New Model
Army existed.
b. Parliament ordered the army disbanded.
c. The New Model Army:
1) Declined Parliament’s “invitation” to disband.
2) Pride’s Purge 1648: The Army entered Parliament and
removed all non-Puritans, Presbyterians, and supporters of
restoration leaving a “Rump Parliament” with only 1/5 of
members remaining.
3) Created the Instrument of Government establishing the
Commonwealth; a military dictatorship with Cromwell as
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Lord Protector.
d. 1649 Charles I was discovered conspiring with foreign powers to
invade England.
1) The new Rump Parliament tried Charles I for treason and had
him beheaded.
2) Charles I was the first king in European history to be executed
by his own subjects.
e. This effectively ended the civil war
4. New sects of Protestantism emerged
a. Levellers: Radical religious revolutionaries sought social &
political reforms, a more egalitarian society, and universal
suffrage.
b. Diggers: Denied Parliament’s authority, rejected private
ownership of land, demanded universal suffrage, and to share all
the wealth equally.
c. Quakers: Believed in an “inner light,” a divine spark that existed
in each person
1) Rejected church authority.
2) Pacifists
3) Allowed women to play a role in preaching
Notes
VI THE INTERREGNUM UNDER CROMWELL
1. The Interregnum: 1649-1660 rule without king.
a. The Commonwealth (1649-1653): a republic that abolished the
monarchy and the House of Lords.
1) In reality, England became a military state with an army of
44,000 (the best in Europe)
2) Scottish Presbyterians, who opposed Puritan rule, proclaimed
Charles II as the new king and Cromwell once again defeated
a Scottish invasion
b. The Protectorate (1653-1659), Oliver Cromwell Lord Protector
(in effect, a dictatorship or “Puritanical Absolutism”).
1) Dissolved the “Rump Parliament” in 1653 after a series of
disputes.
2) England divided into 12 districts, each under the control of a
military general.
3) Denied religious freedom to Anglicans and Catholics.
4) Allowed Jews to return to England in 1655 (Jews had not
been allowed since 1290).
2. Cromwell’s military campaigns:
a. 1649, Cromwell invaded Ireland to put down an Irish uprising.
Act of Settlement (1652): The land from 2/3 of Catholic property
owners was given to Protestant English colonists.
b. Cromwell conquered Scotland in 1651-52
3. The Puritan-controlled govt. sought to regulate the moral life of
England by commanding that people follow strict moral codes that
were enforced by the army.
a. The press was heavily censored, sports were prohibited, and
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theaters were closed.
b. This seriously alienated many English people from Cromwell’s
military rule.
4. Cromwell regulated the economy according to mercantilist principles.
a. Instituted the Navigation Act which required all goods traded
with the colonies (America) to be transported on English ships.
b. It a boon to the economy but led to war with the Dutch and
caused discontent in the 13 Colonies.
5. Cromwell died in 1658 and his son, Richard, was ineffective and
overthrown by a military coup supporting restoration of Parliament
and Charles II.
Notes
VII THE RESTORATION – CHARLES II 1660 – 1685
1. Background:
a. Son of the beheaded Charles I; he was far more tactful in dealing
with Parliament than dad.
b. Restored to the thrown by a “Cavalier” Parliament in 1660.
1) While in exile, Charles had agreed to rule through Parliament.
2) Parliament was stronger in relation to the king than ever
before in England; the king’s power was no longer absolute
3) He worked for restoring absolutism but, was careful not to
push Parliament too far.
4) Charles agreed to a significant degree of religious toleration,
especially for Catholics. He was secretly Catholic.
c. Charles II was known as the “Merry Monarch” for his affable
personality. He had no problem with compromising with
Parliament. After the interregnum both parties were eager to
compromise.
2. Development of modern political parties.
a. Tories:
1) Nobles, gentry and Anglicans who supported the monarchy
over Parliament.
2) Essentially conservative.
b. Whigs:
1) Middle-class and Puritans who favored Parliament and
religious toleration.
2) More liberal in the classical sense
3. Charles II and Parliament:
a. Charles II appointed a council of five men (the "Cabal") to serve
as both his major advisers and as members of Parliament. The
Cabal was the forerunner of the cabinet system, and it helped
create good relations with the Parliament.
b. The Clarendon Code 1661: Passed by Parliament to drive all
Puritans out of both political and religious life.
c. The Treaty of Dover 1670, Charles II secretly signed a treaty
with France whereby France would give England money each
year in exchange for Charles relaxing restrictions on Catholics
and converting England back to Catholicism
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d. The Declaration of Indulgence 1672: Without consulting
Parliament, Charles issued a Declaration of Indulgence, in which
he promised not to enforce the laws against Catholics and the
non-Conformists. Parliament forced him to retract the
declaration.
e. Test Act of 1673: Passed in response to the Declaration of
Indulgence, it excluded those unwilling to receive the sacrament
of the Church of England from voting, holding office, preaching,
teaching, attending universities, or assembling for meetings. The
law was aimed at excluding Catholics. Charles used his powers
of dispensation to sneak some Catholics into public service
anyhow.
f. Habeas Corpus Act 1679
1) A Whig controlled Parliament sought to limit Charles’ power.
2) Provisions:
a) Enabled judges to demand that prisoners be in court
during their trials.
b) Required just cause for continued imprisonment.
c) Provided for speedy trials.
d) Forbade double jeopardy (being charged for a crime of
which one had already been acquitted)
g. Charles support for Catholicism drew criticism from Whigs in
Parliament
1) Charles dissolved Parliament when it passed a law denying
royal succession to Catholics (Charles’ brother, James, was
Catholic).
2) He declared himself a Catholic on his deathbed.
Notes
VIII JAMES II (1685-1688)
1. Inherited the throne at age 55 from his brother, Charles II. He was
openly Catholic.
2. In a secret agreement with France (Treaty of Dover), James planned
to return England to Catholicism in exchange for money from France.
a. James placed many Catholics in high administrative positions and
reissued the Declaration of Indulgence granting religious freedom
to Catholics. Seven Anglican bishops responded by refusing to
read the proclamation in church. They were arrested but
subsequently acquitted.
b. When James’s wife produced a son, there was fear that a Catholic
dynasty was now assured.
3. Parliament offered the throne to James’s Protestant daughter Mary
and her Dutch husband, Prince William of Orange.
a. In 1688 William and Mary landed in England with an army.
b. James was determined to fight for his thrown. Unfortunately no
one showed up to support him.
c. James fled to France where he became an alcoholic and lived on
an allowance from Louis for the rest of his life.
d. William and Mary were crowned king and queen of England.
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Notes
IX THE GLORIOUS REVOLUTION, 1688
1. The Glorious Revolution, or Bloodless Revolution, of 1688-89 was
the final act in the struggle for political sovereignty in England.
a. Parliament not willing to sacrifice constitutional gains of the
English Civil War and return to absolute monarchy.
b. England was not willing to accept a return to Catholicism.
2. James II was forced to abdicate his throne
a. James’ daughters, Mary and Anne, were Protestants.
b. Parliament invited Mary’s husband, William of Orange, to
assume the throne. William agreed only if he had popular support
in England and could have his Dutch troops accompany him.
c. William “invaded” England and James fled to France.
d. William and Mary were declared joint sovereigns by Parliament.
3. The Bill of Rights (1689)
a. William and Mary accepted what became known as the “Bill of
Rights”.
b. England became a constitutional monarchy.
1) This became the hallmark for constitutionalism in Europe
2) The Petition of Right (1628), Habeas Corpus Act (1679), and
the Bill of Rights (1689) are all part of the English
Constitution.
c. Provisions:
1) King could not be Roman Catholic.
2) Laws could be made only with the consent of Parliament.
3) Parliament had right of free speech.
4) Standing army in peace time was not legal without
Parliamentary approval.
5) Taxation was illegal without Parliamentary approval.
6) Excessive bail and cruel and unusual punishments were
prohibited.
7) Right to trial by jury, due process of law, and reasonable bail
was guaranteed.
8) People had the right to bear arms (Protestants but not
Catholics)
9) Provided for free elections to Parliament and it could be
dissolved only by its own consent.
10) People had right of petition.
d. The “Glorious Revolution” did not amount to a democratic
revolution.
1) Power remained largely in the hands of the nobility and gentry
until at least the mid-19th century
2) Parliament essentially represented the upper classes.
3) The majority of English people did not have a say in political
affairs.
4) The right to vote was restricted to male land to owners.
e. The most notable defense of the “Glorious Revolution” came
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from political philosopher John Locke in his Second Treatise of
Civil Government (1690). He maintained that government was
a contract between ruled and ruler for the protection of life,
liberty, and property.
4. Toleration Act 1689
a. Granted right to worship for Protestant nonconformists (e.g.
Puritans, Quakers) although they could not hold office.
b. Did not extend religious liberties to Catholics, Jews or Unitarians
(although they were largely left alone)
5. Act of Settlement, 1701
a. If King William, or his sister-in-law, Anne, died without children,
the Crown would pass to the granddaughter of James I or to her
Protestant heirs.
b. The Stuarts were no longer in the line of succession’
c. When Anne died in 1714, her Hanoverian heir assumed the throne
as George I.
6. Act of Union, 1707
a. United England and Scotland into Great Britain.
b. Why would Scotland agree to give up its independence?
c. The Scots desperately desired access to England’s trade empire
and believed that it would continue to fall behind if it did not
enter into a union.
d. Scottish Presbyterians feared that the Stuarts (who were now
staunchly Catholic) might attempt to return to the throne in
Scotland.
e. Within a few decades, Scotland transformed into a modern
society with dynamic economic and intellectual growth
X THE CABINET SYSTEM
1. Structure:
a. Leading ministers, who were members of the House of Commons
and had the support of the majority of its members, made
common policy and conducted the business of the country.
b. Govt. ministers were responsible primarily to Parliament
c. The Prime Minister, a member of the majority party, was the
leader of the government
2. Robert Walpole is viewed as the first Prime Minister in British
history (although the title of Prime Minister was not yet official)
a. Led the cabinet from 1721-1742
b. Established the precedent that the cabinet was responsible to the
House of Commons
3. The King’s role
a. George I (1714-1727), the first of the Hanoverian kings, normally
presided at cabinet meetings.
b. George II (1727-1760) discontinued the practice of meeting with
the cabinet.
c. Both kings did not speak English fluently and seemed more
concerned with their territory in Hanover. Decision making of
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the crown declined as a result.
d. The king retained power within Parliament. He could always
count on support from representatives whose districts relied on
government, especially naval, contracts.
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