Constitutionalsim in Western Europe

Constitutionalism in Western Europe (government power limited by law, opposite of Absolutism ) 1600-1725
I. England
a. Elizabeth dies in 1603, end of the Tudor Dynasty
b. There is a degree of social mobility (from rags to riches) – large middle class
c. Improvement in agricultural techniques = enough food
d. Middle class wants more power  power struggle between middle and upper middle class
e. Upper Middle Class Gentry = bought titles, sold their land
f. Gentry dominated the House of Commons, are willing to be taxed in return for power and some say in how the money is spent. 
g. Nobility resent the increased power of the Gentry 
h. Religion – the Puritans, came to outnumber Anglicans by the early 1600’s 
i. Puritan = wanted to purify the Anglican of Catholic relics 
ii. Puritan Work Ethic  idea that God wants you to work hard, not indulge in lots of things, moderation in everything 
i. Problems for England start when Elizabeth I dies
i. James VI of Scotland was the nearest relative, so he became James I of England (Stuart Dynasty) (then Charles I [he is beheaded], then Charles II[flees to France, guest of Louis XIV] , then James II [disposed of during the Glorious Revolution] 
ii. The Stuarts will try to turn back the clock and move back towards absolutism, but will be restrained by parliament and later by the people, there will be a time when there is no King
iii. Can the King rule without the consent of Parliament, or go against Parliament?  lead to civil war
iv. Who controls Church Practice [Puritans], Kings and Archbishops, or is there more freedom of consent, get rid of all the incense and catholic things? 
II. James I
a. Assumes the throne when Elizabeth dies in 1603, rules until 1625
b. He believes in Divine Right, both of the Church and the Country, but didn’t like the Puritans because he wanted to keep the Bishops (considers trying to get rid of the King as BOTH heresy AND treason
c. HE dissolves Parliament TWICE when it doesn’t give him what he wants.
i. They won’t raise taxes for a war (they don’t mind taxes, but they want control of where the money goes and they wanted more free speech), he told them they couldn’t disobey him because he ruling by divine right. 
ii. He was constrained in part by Elizabeth because she left a sizable dept, so he needed money from Parliament 
d. He flaunted his wealth, having large banquets but still asking for money
e. He dies in 1625 and his son takes over
III. Charles I (technically rules until 1649, but is in captivity for some of that, and then loses his head)
a. Divine Right of Kings (Country and the Church)
b. He has even more problems with finance than his father, wars are very costly, he refuses to call parliament 
c. To save money they quarter soldiers in their homes  very unpopular 
d. Some English nobles were arrested for refusing to lend money to the crown 
e. By 1628, both Houses are firmly against the King 
f. Petition of Right (1628) – parliament tried to get the King to reinforce basic rights in exchange for the higher taxes 
i. Only Parliament has the right to levy taxes
ii. No one imprisoned or detained without due process of Law
iii. Habeas Corpus “show me the body”
iv. No forces quartering of soldiers
v. Martial law only during Law
g. There will be no parliament from 1629-1640
i. During this time he used forces taxation
ii. One of the most unpopular taxes was “Ship tax” – every county in England had to pay to outfit ships for the crown 
h. Religious issues get him into real trouble
i. Puritans are prosecuted, they flee to USA
i. “Short Parliament” (1640) – Charles gets himself into an internal war against the Scots because he tries to impose the Anglican book of prayer on them
i. He’s therefore desperate for money
ii. Has to fight the Scottish military, so he asks for raised taxes
1. But he has to do all the stuff (petition of rights and reform of the church)
2. He dissolves Parliament
iii. They invade northern England 
iv. 1640 – calls parliament back “Long Parliament” (1640-1648), this time they get their concessions
1. Parliament can’t be dissolved unless they agree to it
2. Have to meet at least every three years
3. Ship tax was abolished 
4. Leaders of the Puritan persecution (including archbishop Laud) were to be tried in court
5. Abolished the Star Chamber 
6. Common Law Court were supreme over royal courts 
IV. Causes of the English civil war
a. Gentry take over the House of Commons (many of them are Puritans)  Parliament ends up being dominated by Puritans
b. Charles tries to arrest several members of Parliament because they weren’t giving him what he wanted (they won’t fund his army)
c. 1642 – he declares war on his Puritan opponents in Parliament [he can’t dissolve parliament] 
i. Kings army = Cavaliers (people who support the crown [nobles, country gentry, and most of the clergy], they will joined by the Irish Catholics)
ii. Puritans – Round Heads [see WWI] – align themselves with the Scottish army, business men supported this side, were supported by the navy and merchant marine (Presbyterian and the Congregationalists) 
d. Oliver Cromwell – New Model Army – lead them to victory in 1649 – against the cavaliers battle of Nasby 
e. Parliament wanted to disband the Puritan Army in peace time, Cromwell says no. prevents the Scottish invasion of England
f. Pride’s Purge – Parliament is purged of all not Puritan members and all Presbyterians, knock parliament down to 1/5 of its previous size 
g. Civil War is officially over when the behead Charles I in 1649 (1st European monarch ever to be executed by the people)
h. New Puritan Sects that evolve
i. The Levellers – radicals – social and political reforms, no body above anyone else
ii. Diggors – did not believe in private ownership of land, no parliament authority
iii. Quakers - believed everyone had their own inner light, so they rejected religious authority. 
V. Interregnum (1649-1660)
a. Military government – Cromwell rules with an army of 44,000 men 
b. Created the Commonwealth (1646-1653)
c. Abolished the monarchy and the House of Lords, now only a House of Common
d. Scots invade again because they weren’t happy with the kind of puritans who were ruling it
e. Protectorate (1643-1660), i.e. a Military dictatorship (he calls himself “Lord Protector”), laid down all kinds of new rules for the people, press censorship, theatres closed, sports forbidden, outlawed entertainment  
f. Cromwell dissolves parliament, divides England into 12 districts, each ruled by a military general 
g. Cromwell’s military victories:
i. 1649 – invades Ireland and puts down an uprising, creates the Act of Settlement, took the land from 2/3 of the Catholics gave it to protestant English settlers 
ii. 1651-52 – conquers Scotland
h. Cromwell dies in 1658, but fortunately there is another Puritan waiting to take over for him, his son Richard.
i. He isn’t great, and the people are pissed off
ii. So, in 1660, they invite Charles II to come back  The Restoration, the restoring of the English Throne, Parliament reconvenes, but there are restrictions on the King
i. Two Restoration Kings
i. Charles II – agrees to number of restrictions: the Kings power is not absolute, Parliament is stronger than it has ever been, there is religious tolerance (he was called the “Merry Monarch”)
ii. Because parliament now has the power, there will be power struggles in Parliament 
iii. Tories (ex cavaliers, nobles – conservatives) and Whigs (more middle class, puritan, favored religious toleration, more liberal)
iv. The Tories tried to get power back in nobility in Parliament 
1. Clarendon Code – sought to drive the Puritans out of both political and religious life, put restrictions on them
2. 1663 – Test Act proposed religious test in order to hold public office they had to take the sacrament from the Anglican Church (they couldn’t preach, hold office or everything)