English and Dutch Constitutionalism (whole topic) – Flashcards
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Puritans
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-members of a 16th and 17th century reform movement -within the Church of England that advocated purifying it of Roman Catholic elements -ex. bishops, wedding rings, elaborate ceremonies
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James and Charles antagonize the Puritans
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James- "no bishop, not king", bishops were amonf the chief supporters of the throne Charles- antagonized religious sentiments (attitudes/opinions), married a Catholic princess, supported the heavy-handed policies of the Archbishop of Cantercury, William Laud
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William Laud
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-in 1637 attempted to impose 2 new elements on church organization in Scotland -new payer book modeled on the Anglican "Book of Common Prayer" -bishoprics
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Scotish Rebellion
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-Presbyterian Scots rejected Laud's elements and revolted -to finance an army to quell the Scots, King Charles was compelled to summon Parliament in November 1640
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Charles is forced to call Parliament in 1640
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-financing his government through extraordinary stopgate levies from 1629 to 1640 -the king revived a medieval law requiring coastal districts to help pay the cost of ships for defense, but he levied the tax called "ship money" on inland countries too
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Parliament's mistrust of Charles
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-most members of Parliament thought such taxation without consent amounted to despotism -they weren't willing to trust the king with an army -many supported the Scot's resistence to CHarles' religious innovations
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The long Parliament
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-sat from 1640 to 1660 -enacted a legislation that limited the power of the monarch and made government without Parliament impossible
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Buildup to the English Civil War
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{Triennial Act} -1641 -compelled the king to summon Parliament every 3 years {Impeachment of Laud} -the Commons impeached the archbishops and threated to abolish bishops
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Charles' Response
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-feared of a Scottish invasion which was the only reason for summoning Parliament -reluctantly accepted these measures
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Irish uprising
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-English governors and landlords had long exploited the people -in 1641 the Catholic gentry of Ireland led an uprising in response to feared invasion by anti-Catholic forces of British Long Parliament
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Charles gathers an arny
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Where- left London for the north of England (countryside) How- drawn from nobility and its cavalry staff, the rural gentrym and mercenaries Why- Charles could neither come to terms with the Scots nor respond to the Irish rebellion
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Constitutionalism
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limitation of government by law
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Constitutional balance
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balance between the authority and power of the government one the one hand, and the rights and liberties of the sibjects or citizens on the other hand
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US style constitutional government
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constitution embodied in one basic document and occasionally revised by amendment
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English and Dutch style constitutional government
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constitution partly formalized and includes Parliamentary statutes, judicial decisions, and a body of traditional procedures and practices
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Republicanism
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a form of government in which there is no monarch and the power rests in the hands of the people as exercised through elected representatives
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English constitutional monarch
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-after decades of civil war and an experiment with Republicanism, English power opted for a consitutional monarchy in 1688 -retained a monarch as the head of government but vested sovreignty in an elected Parliament
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Dutch republicanism
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-rejected monarchial rule after gaining independence from Spain -adopted a republican form of government in which elected states held supreme power
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What did the English and Dutch represent to other Europeans?
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they were the shining examples of the restraint of arbitrary power and rule of law
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James comes to the throne
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-1603 -Elizabeth's Scottish cousin -35 years of experience as king of Scotland -not interested in the common people
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James I's view of monarchy
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-absolutist belief that a monarch has the divine right to rule -his authority and responsibility is only to God -sondiered such restraints on on authority intolerable and a threat to his divine right
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English idea of monarchy
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-a person's property could not be taken away without due process of law
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The New Model Army
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Parliament created this in response to Charles I that was composed of militia of the city of London and squires (low landed gentry) with business connections
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The English Civil War (1642-1649)
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Pitted power of the king against that of Parliament
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Battles of Naseby and Langport (1645)
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-New Model Army defeated king's armies -Charles refused defeated
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Oliver Cromwell
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-Both sides jockeyed for position, waiting for decisive event -This arrived in the form of the army under leadership of Cromwell -Member of House of Commons and Puritan
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The New Model Army under Cromwell's Command
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1647- Captured king and dismissed members of Parliament who opposed his actions "Rump Parliament" 1649- Remaining representatives who put Charles on trial for high treason January 30, 1649- Charles is found guilty and beheaded
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Thomas Hobbes (1588-1679)
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-Philosopher -Held pessimistic view of human nature
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View of Human Nature
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Believed humans, left to themselves, would compete violently for wealth and power (thought lowly of humans)
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Leviathan (1651) -Social Contract
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All members in society placed themselves under absolute rule of a monarch, who would maintain peace and order
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Leviathan-View of Society
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Imagined society as a human body in which monarch served as head and individual subjects made up the body. Like the body cannot sever its own head, believed society couldn't rise against king
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Opinion of Cromwell's Actions
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-Longed for a benevolent monarch, but this was not shared by everyone in England -A commonwealth, or republic govt. was proclaimed instead
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The Commonwealth
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-Republican govt. -Legislative power nested in surviving Parliament and executive power was lodged in a council of state
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The Protectorate
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English military dictatorship (1653-1658) established by Cromwell following the execution of Charles I
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The Instrument of Government (1653)
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-Army prepared constitution, invested executive power in a lord protector (Cromwell and council of state) -Provided triennial parliaments and gave Parliament the sole power to raise taxes
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Cromwell's Marshal Law
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-After repeated disputes, Cromwell dismissed Parliament (1655) and the instrument was never fully endorsed -Continued standing army and proclaimed quasi-martial law -Divided England into 12 military districts, each governed by a major general -Forbade sports, kept theaters closed, and vigorously censored the press
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Cromwell's Actions in Ireland
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-Cromwell long associated Catholicism in Ireland with sedition and heresy -Led an army to reconquer in 1649, and one month later forces crushed a rebellion and massacred the garrison
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Legacy of his Actions
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-Atrocities worsened -English banned Catholicism in Ireland, executed priests, and confiscated land from Catholics for English -Brutal acts left legacy of Irish hatred to England
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Cromwell's Mercantilist Policies- Navigation Act (1651)
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-Requiring that English goods be transported on English ships -Great boost to development of an English merchant marine
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Cromwell's Mercantilist Policies- Jews
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Welcomed Jews because of their skills and began to return to England after 4 centuries of absence
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Collapse of the Protectorate
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-Collapsed when Cromwell died in 1658 (ineffectual son succeeded him) -Fed up with military rule, English longer for a return to civilian govt, and with it, common laws and social stability -1660- Ready to restore monarchy
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The Restoration of 1660
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Re-established the monarchy in the person of Charles II, the eldest son of Charles I. Both Parliamentary houses were restored, so was the Anglican Church courts of law, and system of local govt. through justices of the peace.
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Issues with the Restoration of 1660
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-negative attitudes of the state towards Puritans, Catholics, and dissenters -questionable relationship between king and Parliament
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Test Act of 1673
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-This law made it so that all officeholders had to take Communion in the Church of England. It prevented Catholics from holding office or being in the army or navy or attending universities -Was not well enforced
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Charles II's Agreement with Louis XIV
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-get money from Louis in exchange for an ease on punishments for Catholicism -details leaked which lead to anti-Catholic sentiment
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James II's Return to Catholicism: Violation of the Test Act
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-appointed Roman Catholics to army, universities, and government (Broke Test Act, that naughty boy)
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James II's Revival of Absolutism
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-granted religious freedom -was able to suspend the law at his will
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William of Orange Takes the Throne of England
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-James II was threatened with death by beheading so he fled (it's good to see that he had a good head on his shoulders ;) -Parliament and Church of England offered throne to William of Orange
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The Glorious Revolution
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1688: When King James II lost his alias and Parliament invited his daughter Mary and her husband William of Orange to assume the throne. It changed the power and strategy of colonies expanding in the New World. The scheme for colonial unification was abandoned and the representative assemblies were revived.
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End of the Divine Right of Kings
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-supremacy of Parliament recognized
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Bill of Rights (English Edition)
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Role of Parliament: law made in Parliament Military: no standing army in peace Regulation of Catholicism: Catholics could not posses arms
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John Locke
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17th century English philosopher who opposed the Divine Right of Kings and who asserted that people have a natural right to life, liberty, and property.
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Second Treatise of Civil Government
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Locke asserted that, applying reason to politics, one can prove the inalienability of three rights of a person: life, liberty, and property. Locke believed like Hobbes that there must be a sovereign power, but he argued that it has no power over these 3 natural rights without their consent. and this consent must come from a representative assembly of men of property such as Parliament. He also asserted that rebellion is a right when people are living under a tyranny.
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The Cabinet System
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-leading ministers decide policy -it took more power from monarchs
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Robert Walpole
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-led Cabinet from 1721-1742 -developed idea that the Cabinet responsible to House of Commons
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David Hume
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-philosopher who believed things are more peaceful under an absolute monarch than a republic
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Treaty of Westphalia
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ended 30 years war, and brought upon a dutch golden age
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Regents
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oligarchy of wealthy businessmen, handled domestic affairs
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States General
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Also known as Federal Assembly, handled foreign affairs and wars, but no sovereign authority
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Stadholder
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executive officer usually in charge of military and defense, usually held by house of Orange member (William of Orange was Stadholder)
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Role of house of Orange
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prince, province stadholder
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Moral and ethical basis of Dutch Commercial wealth
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Thriftiness, frugalness, religious toleration, toleration led to a great deal of foreign capital and investment. Tulips were very influential to Dutch economy.
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Dominance of shipping
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practiced mercantilism very successfully, put profit back into ship building, ships were fastest, and largest and they offered low prices. Finally, two huge trading companies-Dutch east India company, and Dutch West India company
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Standard of living
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High Standard of Living "Island of plenty in a sea of want", Cause: trade and commerce, salaries high in all classes, consequently very few riots.
