Constitutionalism in Western EuropeEngland and the Dutch Republic

What is Constitutionalism? Limitation of a government by law Balance between authority and power of the

government vs. the rights of the subjects Constitution can be written or unwritten

Or part written part unwritten (England) Becomes the protector of rights, government agrees to

follow the laws Republican v. Monarchical form Not the same as a democracy- all v. some have the

ability to participate

English Society in the 17th Century High degree of social mobility

Middle class grows because of capitalism and Commercial Revolution

Gentry Dominated the House of Commons Moved from middle to upper class Willing to pay taxes so long as they had say in

how spent Brings them in conflict with the monarchy

English Society in the 17th Century Religion

Calvinists were largest percentage Anglicans losing ground Puritans (purify the English Church)

Conflict with monarchs who are sympathetic to Catholicism

Protestant work ethic- social mobility

Problems facing the Monarchy Restrained by the growth of Parliament

James I- struggles with Parliament Charles I- twice dissolves Parliament, executed Charles II- restored but only with consent of Parliament James II- exiled to France during “Glorious Revolution”

Two major issues: Could the king govern without the consent of Parliament? Would the Church become more Anglican or

Presbyterian?

James I Son of Mary Queen of

Scots; heir to Elizabeth I Believed in divine right of

kings Believed in absolutism

Twice dissolves Parliament over taxation

Damages the prestige of the monarchy by flaunting his wealth and male lovers

Charles I Son of James I Claimed divine right Sought control of the

Church of England Tax issues- dissolves

Parliament Petition of Right (1629)

Parliament attempts to encourage the king to grant basic legal rights in return for granting tax increases

Charles I Continued “Short Parliament” (1640)

Needs new taxes to fight Scotland Refuse to grant taxes, disbands them

“Long Parliament” (1640-1648) Finally agrees to certain demands

English Civil War Cavaliers v. Roundheads

Oliver Cromwell Interregnum

The Restoration Charles II

Restored by Cavalier Parliament Only retains throne if he agrees to

Parliament’s post-war settlement Stronger in relation to the king

Development of Political Parties Tories- nobles, gentry, Anglican

supported the monarchy over Parliament

Whigs- middle class and Puritan who favored Parliament

The Clarendon Code Sought to drive Puritans our of political and

religious life Test Act of 1673

Excluded those unwilling to receive the sacrament of the Church of England from: Voting, holding office, preaching, teaching, attending

universities, or assembling for meetings

Charles II Seemed to support Catholicism and drew criticisms

from the Whigs Granted freedom of worship to Catholics Made a deal with Louis XIV= Louis gives him money

every year and Charles reduces restrictions on Catholics Charles dissolves Parliament when it passes a law

denying succession to Catholics His brother James was a Catholic

Declared himself a Catholic on his deathbed

Habeas Corpus Act, 1679 Sought to limit Charles’ power:

Judges can demand that prisoners be in court during their trials

Required just cause for imprisonment Provided for speedy trials Forbade double jeopardy

Charles II Took control of Scotland (had gained its

independence when Charles II took the throne)

Wanted to impose the Anglican Church Thousands killed for resisting “The Killing Time”

James II Inherited from his brother, Charles II Sought to return England to Catholicism

The Glorious Revolution

The Glorious Revolution, 1688 Final act in the struggle for political

sovereignty Parliament not willing to sacrifice gains of the

Civil War and return to an absolute monarchy Two issues:

James grants freedom of worship to the Catholics (Declaration of Indulgence)

Birth of a Catholic heir to the throne in 1688

James II forced to abdicate James’s daughters Mary and

Anne were Protestants Parliament invited Mary’s

husband, William of Orange, to assume the throne William agrees only if he had

popular support in England and could keep his Dutch troops

William prepares to invade James II flees to France after his

offers of concession were refused William and Mary declared joint

sovereigns by Parliament

The Bill of Rights (1689) Becomes an official Constitutional Monarchy The Petition of Right, Habeas Corpus Act, and the

Bill of Rights form the foundation of the Constitution

Provisions King could not be Roman Catholic Laws made only with consent of Parliament Parliament had right of free speech No standing army in peace time without Parliamentary

approval Taxation illegal without Parliamentary approval

Provisions Continued Excessive bail and cruel and unusual

punishments were prohibited Right to trial by jury, due process of law, and

reasonable bail Right to bear arms (not Catholics) Free elections to Parliament and could only be

dissolved by its own consent Right to petition

Was this a democratic revolution? NO Power concentrated in the hands of the

nobility and gentry Represents only the upper classes Majority did not have a say in politics

Three Issues: What about religion? What about the succession? What about Scotland?

Toleration Act of 1689 Granted right of worship for Protestant non-

conformists (Puritans, Quakers, etc.) but could not hold office

Did not extend liberties to Catholics and Jews

Act of Settlement, 1701 If King William or his sister-in-law Anne died

without children, the Crown would pass to the granddaughter of James I, or her Protestant heirs

Excluded the Stuarts from the succession When Anne died in 1714, her Hanoverian heir

assumed the throne as George I

Act of Union, 1707 United England and Scotland into Great

Britain Why would Scotland agree to give up

independence? Access to England’s trade empire, did not want to

fall behind Fear that the Catholic Stuarts would try to return

The Cabinet System in the 18th Century Leading ministers, who were members of the

House of Commons and had the support of the majority of its members made common policy

The Prime Minister, a member of the majority, was the leader of the government

Robert Walpole Viewed as the first Prime

Minister Led the cabinet from

1721-1742 Precedent: the cabinet is

responsible to the House of Commons

The King’s Role George I (1714-1727) -

first Hanoverian king Presided at cabinet

meetings George II (1727-1760)-

Did not meet with cabinet

Decision making of the Crown declined

The United Provinces of the Netherlands (Dutch Republic)

The Dutch Republic 1st half of the 17th century is the “Golden

Age” of the Netherlands Government dominated by bourgeoisie whose

wealth and power limit the power of the state Run by representative organizations

Government Organized confederation of seven provinces,

each with a representative government Each province sends a rep to the States General Each province and city was autonomous Each province elected a stadholder (governor)

and military leader During times of crisis, all seven would elect the

stadholder, usually from the House of Orange

Religious Toleration Calvinism is dominant

Split between Dutch Reformed and Arminian Arminian- Calvinism without predestination

Merchant class

Catholics and Jews had religious toleration but fewer rights

Religious toleration allowed for an increase in trade and business

Mercantilism Greatest mercantilist nation of the 17th century Amsterdam became the banking and commercial

center of Europe Richest city and over 100,000 people Offered lower interest rates so promoted banking

Had to rely on commerce because of so few natural resources Largest fleet in the world dedicated to trade

Did not have government controls or monopolies that prohibited trade

Mercantilism Cont’d Fishing was the cornerstone of the economy Major industries: wool, furniture, tobacco

cutting, sugar refining, glass, printing, etc. Dutch East India Company and Dutch West

India Company