Road to Constitutionalism in England

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Road to Constitutionalism in
England 1600-1715
Major Generalizations
Many of the Stuart Monarchs do not serve
their own cause well because they openly
proclaim the Divine Right Theory and some
secretly or openly support the Roman
Catholic Church
 Absolute monarchy ends in England
 Parliament asserts its power, but government
is still controlled by the aristocracy

Major Generalizations
England is and will remain religiously
diverse.
 Although the Scots are unhappy with English
control, the English bait of trade with the
North American colonies convinces Scotland
to join formally with England and Wales.

Major Generalizations
English treatment of the Irish establishes a
deep enmity between the two
 The enclosure movement precipitates an
Agricultural Revolution
 England joins other Atlantic nations in the
quest for colonies

Major Generalizations
England increases her territorial holdings in
the Western Hemisphere
 In an effort to stifle Dutch trade and to build
an empire economically, England further
refines its mercantile system
 England’s acquisition of Gibraltar creates a
stumbling block to English-Spanish
relations, which persists to the present

Under James I (1603-1625)
British Parliament used to being consulted
on royal policy
 Before James I, Elizabeth managed to cajole
Parliament referring to her female
weaknesses, while showing steely-eyed
determination
 But James, strongly advocated Divine Right
of Kings

Under James I
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Squared off against Puritans at Hampton Court:
“no Bishops, no king.”
1611: King James bible
Beginning of Puritan emigration
Ruled without having to summon Parliament using
impositions, selling peerages and titles to highest
bidder
Also, kept duke of Buckingham on staff,
offending lots
King James I of England
Duke of Buckingham
George
Villiers, 1st
Duke of
Buckingham
Domestic Affairs

Unrest under Charles I
–
Spiritual concerns
 William
Laud appointed Archbishop Canterbury
 Dominance of High Anglicans
 Growing number of Puritans
 Appeal of Presbyterianism in neighboring Scotland
Unrest under Charles I (cont’d)

Political concerns
–
–
–
King’s proclamation of Divine Right of Kings
Contrary to parliamentary tradition
Response of Parliament (Petition of Right
1628)
Petition of Right 1628

A statement of civil liberties sent by the English Parliament to
Charles I.
–
2nd most important English document after Magna Carta (1215)

Refusal by Parliament to finance the king's unpopular foreign
policy had caused his government to exact forced loans and to
quarter troops in subjects' houses as an economy measure.

The Petition of Right, initiated by Sir Edward Coke, was based
upon earlier statutes and charters and asserted four principles:
Petition of Right’s Four
Principles

no taxes may be levied without consent of Parliament;

no subject may be imprisoned without cause shown
(reaffirmation of the right of habeas corpus);

no soldiers may be quartered upon the citizenry;

martial law may not be used in time of peace.

In return for his acceptance (June, 1628), Charles was granted
subsidies. Although the petition was of importance as a
safeguard of civil liberties Charles soon violated its spirit.
Personal Rule without calling
Parliament
Dissolution of Parliament (1629-1640)
 Made peace with France and Spain to save
money
 Instituted the “thorough” system to further
centralize his rule
 Ship money
 Selling of titles and knighthoods

1640 Calling of Parliament
Scots rebel against new Anglican Book of
Common Prayer that was being imposed on
them by Laud
 Charles I recalls Parliament in hopes of
getting money to fund war against the Scots
(1640)

1640 Calling of Parliament
On convening, Parliament takes opportunity
to secure another agreement/promise from
king
 Charles quickly dissolves Parliament and
calls for new elections (Short Parliament)

Initial actions of the Long
Parliament (1640-1660)

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Levying of poll tax to pay Scottish Army to return
home.
Issuance of the Grand Remonstrance which
declared parliamentary sovereignty
Abolition of Star Chamber
–
–
Started under first Tudor Henry VII
court made up of judges and privy council, inner group
of king’s men where law was enforced
Initial actions of the Long
Parliament (1640-1660)

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Declaration of Solemn League and Covenant
Presbyterianism the legal religion of England,
Scotland and Ireland.
Abolition of bishops
Triennial Act (1641) King must call Parliament
every 3 yrs.
The Grand Remonstrance

A list of grievances of the people against King
Charles I prepared by a group in Parliament led by
Pym. Over 200 clauses! It listed the King's faults
and the remedies that parliament had already
taken, and made several recommendations for
reform.
The Grand Remonstrance

It urged that the power of the Bishops should be
restricted, and that the Church be reformed by a
synod of Protestants.

It demanded that parliament should have a say in
the appointment of the King's ministers.
Responses of Charles I to
measures of Long Parliament
Refusal to accept Grand Remonstrance
 A call for troops
 Labeling of Parliament members as traitors

English Civil War
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Cavaliers / Royalists
Popularity in Northern
and Western England
Supporters among
Anglicans and Roman
Catholics

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
Roundheads
Popularity in Southern
and Eastern England
and urban areas
Supporters among
dissenters, particularly
Puritans
Religious split
Solemn League and
Covenant 1643
Alliance between Parliament
and Scots. After war,
England would be
Presbyterian
Puritans/ Presbyterians
Had fought with Elizabeth I,
now expected more religious
concessions from Stuarts
seeing as they were Scots;
wanted more Presbyterian,
Calvinist style of Church
Independents
Puritans who wanted a
more fully decentralized
church
Church of England
Official religion of
all kings of
England
Conservatives in
Parliament
English Civil War
Results
Revolt in Scotland over execution of
Scottish Stuart Charles I
 Victory of Oliver Cromwell and the
Roundheads
 Actions of the Rump Parliament (16491653)

The Rump Parliament and its
actions


Name given to the Long Parliament under the new
English Republic.
Small group of Independent MPs. With the support of
the Army, the Rump declared itself "the supreme power
in this nation" on 4 January 1649, with powers to pass
Acts of Parliament without the consent of the King or
the House of Lords.
The Rump Parliament and its
actions

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One of its first actions was to set up the High
Court of Justice, specially convened for the trial of
the King.
Intimidation and dismissal of many Parliament
members
Power with Army
Execution of Charles I
Further Actions of the Rump
Parliament (1649-1653)
Following the King's execution, the Rump
abolished the House of Lords and the
Monarchy itself.
 Establishment of the Commonwealth under
Oliver Cromwell

The Cromwell Protectorate
Known as the Interregnum (1649-1660)
 Instrument of Government
 Military rule
 New Morality

Reasons for Cromwell’s failure
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Dissidents among his supporters
Desire by Levellers for more political democracy
(in London, well-organized artisans’ movement;
wanted universal manhood suffrage, law reform,
better access to education; separation of political
power from wealth and virtual freedom of
religion)
Waning support for the Puritan Revolution
Desire for peace and harmony
Dislike and distrust of military dictatorship
Restoration of Charles II

Agreements between King and Parliament
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Amnesty for participation in the Civil War
Acceptance by King of 1640 Acts of Parliament
Re-establishment of bishops and the Anglican
Church (also Book of Common Prayer)
Exclusion of dissenters from certain political
positions (Test Act 1673)
Disagreements between King and
Parliament under the Restoration
Limitations on royal power
 Catholic inclination of the royal family

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King’s decree of Toleration for Dissenters
Declaration of Indulgences
King’s Secret Treaty of Dover with France
 In
exchange for money, Charles would restore
Catholicism as state religion in England again
–
English assistance to France against the Dutch
Test Act 1673
Parliament reacts by passing Test Act
 Communion requirement in the Anglican
Church for officeholders
 Revival of legislation against dissenters
 No Catholics in the army and navy

Opposition of both parties to the
accession of James II
Outrage at James II’s Catholicism and
Proclamation of Toleration Act
 Birth of a son to James II and possibility of
a line of Catholic Kings!!!

Results of the Glorious
Revolution 1688
Flight of James II and his defeat at the
Battle of Boyne
 Accession of Protestant Monarchs William
and Mary
 Agreement between Parliament and
Monarchs

Agreement between Parliament
and Monarchs
Passage of the Bill of Rights
 Acknowledgment of supremacy of
Parliament
 Powers of Parliament to tax
 Parliamentary assent to join William III’s
wars against Catholic France
 Continuing threat from the “Pretender”

English Bill of Rights
December 16, 1689
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considered the third great charter of English
liberties, after Magna Carta and the Petition of
Right
No law could be suspended by the king
No taxes could be raised or army maintained
except by parliamentary consent
No subject (however poor) could be arrested or
detained without legal process
Significance of the Bill of Rights
for the future of England

The Bill of Rights was passed by
Parliament. King William III and Queen
Mary accepted them as conditions to
receiving the Crown, and never again did
English monarchs claim their power came
from God ("the divine right of kings").

Thereafter the relation between king and
Parliament was a kind of contract.
Subsequent Acts by Parliament
following the Bill of Rights

Act of Settlement 1701: no Catholic could be
king of England

Toleration Act 1689: Protestant dissenters (non
Protestant) could practice their religion but were
excluded from political and public service. (There
was thereafter no serious trouble over religion in
England and Lowland Scotland.)
Irish Problem

Protestant response to massacre of
Protestants in Ulster (1641)
–
–
Massacre of Irish Catholics at Drogheda and
Wexford Garrisons
Replacement of Irish landlords with Protestants
 causing
 absentee
landlord problems
 tenancy of the Irish peasant
Irish problem

Introduction of “penal code” after the
Glorious Revolution
–
–
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Removal of Catholics from political life
Restrictions on Irish agriculture,
manufacturing, and shipping
Restrictions on Catholic education
Prospects for Industry and
Commerce

Mining
–
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Rights of landowners (1688)
Need for English coal due to shortage of wood
in Europe
Technology
–
Smelting of iron with coke
Development of Joint Stock Companies
 Establishment of East India Company

New Markets

Formation of Great Britain
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Abolition of local tariffs among Scotland,
Wales and England
Economic privileges for Scotland in the North
American colonies
Acquisition of colonies
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Exchange of manufactured goods for raw
materials
Lucrative slave trade
New Financial Institutions and
Trade Regulation
Banking structure with a Bank of England
 Trade Acts and Regulations

–
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Protection of English shipping with Navigation
Acts
Protection of English products with restrictions
on colonial manufacturing
Government grants of monopolies and
subsidies to industry and commerce
Foreign Affairs

Aims
–
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Limitations on the expansion and power of the
Dutch Republic and France
Expansion of the Empire
Actions against Dutch shipping monopoly
–
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Navigation Act 1651
Intermittent war (1652-1674
Foreign Affairs (cont.)
Annexation of Jamaica from Spain
 Member of the League of Augsburg against
France (1688-1697)
 War of the Spanish Succession (1701-1713)
 Results of the Treaty of Utrecht

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Control of Gibraltar and Island of Minorca as
well as monopoly on slave trade from Spain
Nova Scotia and Newfoundland from France
End of French recognition of the “Pretender”
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