Road to Constitutionalism in England 1600-1715

1. Road to Constitutionalism in England 1600-1715

2. 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

3. 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.

4. 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

5. 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

6. 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

7. Under James I • 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

8. King James I of England

9. Duke of Buckingham George Villiers, 1st Duke of Buckingham

10. 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

11. 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)

12. 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:

13. 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.

14. 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

15. 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)

16. 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)

17. Initial actions of the Long Parliament (1640-1660) • 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

18. Initial actions of the Long Parliament (1640-1660) • 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.

19. 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.

20. 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.

21. Responses of Charles I to measures of Long Parliament • Refusal to accept Grand Remonstrance • A call for troops • Labeling of Parliament members as traitors

22. Cavaliers / Royalists Popularity in Northern and Western England Supporters among Anglicans and Roman Catholics Roundheads Popularity in Southern and Eastern England and urban areas Supporters among dissenters, particularly Puritans English Civil War

23. Religious split

24. 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 (1649-1653)

25. 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.

26. The Rump Parliament and its actions • 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

27. 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

28. The Cromwell Protectorate • Known as the Interregnum (1649-1660) • Instrument of Government • Military rule • New Morality

29. Reasons for Cromwell’s failure • 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

30. Restoration of Charles II • Agreements between King and Parliament • 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)

31. Disagreements between King and Parliament under the Restoration • Limitations on royal power • Catholic inclination of the royal family • 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

32. 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

33. 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!!!

34. 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

35. 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”

36. English Bill of RightsDecember 16, 1689  • 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

37. 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.

38. Subsequent Acts by Parliament following the Bill of Rights • Act of Settlement1701: 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.)

39. 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

40. Irish problem • Introduction of “penal code” after the Glorious Revolution • Removal of Catholics from political life • Restrictions on Irish agriculture, manufacturing, and shipping • Restrictions on Catholic education

41. Prospects for Industry and Commerce • Mining • 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

42. New Markets • Formation of Great Britain • Abolition of local tariffs among Scotland, Wales and England • Economic privileges for Scotland in the North American colonies • Acquisition of colonies • Exchange of manufactured goods for raw materials • Lucrative slave trade

43. New Financial Institutions and Trade Regulation • Banking structure with a Bank of England • Trade Acts and Regulations • 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

44. Foreign Affairs • Aims • Limitations on the expansion and power of the Dutch Republic and France • Expansion of the Empire • Actions against Dutch shipping monopoly • Navigation Act 1651 • Intermittent war (1652-1674

45. 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 • 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”