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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