England: The Growth of Limited Government

Transcription

1 England: The Growth of Limited Government

2 Foundations for the Growth of Limited Government and Democracy 1. Magna Carta 1215 King John, who demanded increased funds from his feudal nobles, was accused by them of being a despot and of violating their feudal rights. John was compelled by the nobles to sign the Great Charter or Magna Carta. This document limited royal power by stating that the king a) may not imprison any free person except by judgement of the person s peers(equals) and in accordance with the laws, and b) May not levy taxes without consent of the Great Council. (consisted of nobility and higher clergy)

3 Foundations 1. Magna Carta cont. Originally Magna Carta protected the feudal nobility against royal tyranny; In time, the charter s protections were extended to all English people. Magna Carta came to mean that a. The monarch is not an absolute ruler but is subject to laws, b. All persons are guaranteed trial by jury, and c. The Great Council, later Parliament, alone may levy taxes.

4 Foundations 2. Model Parliament (1295). King Edward I expanded the Greater Council s membership to include middleclass representatives. His person was to place taxes upon and still ensure the loyalty of the wealthy middle class, not to expand democracy. This Council served as the model for England s future Parliament. By providing representation for aristocrats and commoners(well-to-do farmers and merchants) Edward hastened the division of Parliament into two houses: the hereditary House of Lords and the elected House of Commons.

5 Foundations 3. English Common Law. By the late 13 th century, English judges had established the practice of basing their decisions on similar cases decided previously. These legal precedents collectively formed a body of judge-made law called the common law. The English common law, both civil and criminal, applied to all the people equally. To protect the individual against possible governmental tyranny, the common law held that life, liberty and property may not be taken by illegal and arbitrary action.

6 Foundations 4. Parliamentary Lawmaking(14 th century) By threatening to withhold tax laws, Parliament compelled the English monarchs to accept its legislation, not only taxes but on all matters. All laws required consent of both houses of Parliament and the approval of the monarch.

7 The Popular Tudors: Unchecked by Parliament The leading Tudor rulers, particularly Henry VII, Henry VIII, and Elizabeth I, 1. governed capably and intelligently, 2. followed a popular foreign policy by opposing Catholic Spain, 3. aided the middle class by providing law and order, encouraging trade and furthering overseas expansion, and 4. Outwardly appeared to consult Parliament but actually dominated the legislature.

8 The Unpopular Stuarts: Conflicts With Parliament ( ) 1. Reasons for Stuart Unpopularity. The early Stuart kings, James I and Charles I, a. ruled arrogantly and tactlessly, claiming divine right, b. followed an unpopular foreign policy of friendship with Catholic Spain, c. discriminated against the Puritans(considered Anglicanism too close to Catholicism), d. harmed the middle class by taxing it heavily and neglecting to expand trade, e. imprisoned opponents without a fair trial, f. raised money by means not approved by Parliament; Popular resentment against Stuart policies!

9 The Unpopular Stuarts 2. Parliament Issues Petition of Right (1628). Parliament protested the despotism of Charles I and reaffirmed that their monarch may not a. levy taxes without Parliament s consent, b. imprison persons without a specific charge and without jury trial, c. quarter soldiers in a private home,

10 Charles I 3. Charles I Rules Without Parliament ( ). Charles disregarded the Petition of Right and denied Parliament s authority to limit his divine right rule. For 11 years Charles did not convene Parliament. Ruling autocratically, he a. illegally raised money, b. illegally imprisoned his opponents, c. utilized Star Chamber Courts(accused denied jury trial and often tortured) and d. antagonized the Puritans by demanding conformity to Anglican practices;

11 Charles I Calls and Clashes With Parliament ( ) Desperate for additional funds, Charles summoned Parliament into session. House of Commons controlled by his enemies, the Puritans. Charles demand for new taxes resisted by Puritans. Unsuccessfully attempts to arrest Puritan leaders of Commons. This leads to civil war.