Nov 1st, 2010
Constitutionalism –
England
Background
(1215-1603)
Magna Carta, 1215
 King John I forced to
accept it.
 A list of demands made by
the nobility.
 Created a CONTRACT
between the king & the
aristocracy.
 Established principles which
limited the power of the king:
 Established basic legal rights.
 The king must ask for popular
consent for taxes.
 Accused must have jury trial.
Model Parliament, 1295
 King Edward I brought his military
leaders & nobility together as a
Parliament to ask their consent to new
taxes.
 Established the principle of
parliamentary “power of the purse.”
 A radical new idea for any monarch to
ask for anything!
The Elizabethan
“Bargain”
 Parliament:
 Would have the power to
tax.
 Can debate & amend
disputed bills.
 The Monarch:
 Had the royal
power
on foreign
policy.
Constitutionalism
• Gov’t power is LIMITED by
law
–Delicate balance between the
power of gov’t & the rights &
liberties of individuals
Gentry
• Wealthy landowners (rural)
dominated politics
–Parliament: House of Commons
• 1/3 are Calvinists/Puritans
•Tudor Family
•Henry VIII
•Mary Tudor
•Elizabeth I
•Stuart Family
The Stuart Dynasty
• QEI didn’t have a close heir to the
throne
• Went to James of the Stuart Family
(King of Scotland)
th
• Dominated Engl during the 17
Century
• Power was restrained by the
growth of Parliament
The Stuart Monarchy
James I (Stuart Family)
• Believed in “divine
right” of kings &
absolutism
• Major Problems
–Financial Debt
–Religion
Religion – Direction of the Anglican Church
• Episcopal Form?
– Hierarchal
• King
• Archbishop
• Bishops
Similar to
Catholicism?
• Presbyterian Form?
– A specific church makes
decisions for that church
or
or
Similar to Puritanism?
Religion & James I
• Puritans (strong in
Parliament) wanted to
reform the church AWAY
from resembling
Catholicism
• Not wanting to disrupt the
fragile religious status quo,
James I makes no changes
• Many Puritans will leave for
America starting in 1620 for
religious freedom
Financial Debt &
James I
•Increase Taxes ->
resentment from
Parliament
• Twice dissolved Parliament
over
–issues of taxation &
–parliamentary demands for
free speech.
Charles I
r. 1625-1649
•Believed in Divine Right
& Absolutism like his
father
•Inherited the same
problems of his father
• Charles I Needed Money
• Why?
–30 Years War
• Who’s cooperation would
he need to get this $?
Petition of Right (1628)
• Parliament allowed for a tax increase
on condition he sign the Petition of
Right
–Only Parliament had right to levy
taxes
–No one should be imprisoned or
detained w/o due process of law.
–All had right to habeas corpus
(trial)
–No forced quartering of
soldiers in homes of private
citizens.
–Martial law (military rule) could
not be declared in peacetime.
Charles dissolved Parliament in 1629
• Parliament had continued to refuse
increased taxation w/o its consent
• Parliament also had demanded that
any movement of the gov’t toward
Catholicism could be treated as
treason
“Thorough”
• Charles’ reign w/o Parliament 16291640
• Absolute Monarch
• He raised $ using Medieval forms of
forced taxation (those with a certain
amount of wealth were obligated to
pay)
• “Ship money”: all counties now
required to pay to outfit ships
where before only coastal
communities had paid.
• Religious persecution (Led by
Archbishop Laud) of Puritans
became the biggest reason for the
English Civil War.
The “Short Parliament”, 1640
• Scots rebel when they
(Presbyterians) were forced to
accept the Anglican prayer
book
• Charles I needed new taxes to
fight the war against Scotland
• Parliament 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
• Charles disbanded Parliament
after only a month (short)
“Long Parliament” (1640-1648)
• Desperate for $ after the
Scottish invasion of N. England
in 1640, Charles finally agreed
to certain demands by
Parliament.
• Parliament could not be dissolved
without its own consent
• Parliament had to meet a minimum of
once every 3 yrs
• “Ship money” was abolished
• The leaders of the persecution of
Puritans were to be tried & executed
(including Archbishop Laud)
• The Star Chamber (used to
suppress nobles) was
abolished
• Common law courts were
supreme to the king’s courts.
• Refused funds to raise an army
to defeat the Irish revolt
The Grand Remonstrance
• 1641 - Parliament presented
him w/ the “Grand
Remonstrance,” a more than
200 article summary of
popular and parliamentary
grievances vs. the crown.
• 1642 - Charles I invaded
Parliament w/ his soldiers.
• He intended to arrest the
leaders, but they had
escaped.
Civil War 1642-1646
• The King withdrew from London &
began to raise an army.
• The House of Commons passed the
militia Ordinance which allowed the
Parliament to raise an army of its
own.
• For the next 4 yrs Civil War engulfed
England.