MANONMANIAM SUNDARANAR UNIVERSITY DIRECTORATE OF DISTANCE & CONTINUING EDUCATION TIRUNELVELI 627012, TAMIL NADU B.A. HISTORY - III YEAR DJH3D - CONSTITUTIONAL HISTORY OF ENGLAND SINCE 1603 A.D. (From the academic year 2016-17) Most Student friendly University - Strive to Study and Learn to Excel For more information visit: http://www.msuniv.ac.in 1 DJH3D: CONSTITUTIONAL HISTORY OF ENGLAND SINCE 1603 A.D. Unit - I Early Stuart kings and their conflict with the Parliament – General causes of conflict between king and Parliament. – James I and his parliament – Charles I and his Parliament- Royal Absolutism and its consequence – Eleven years Tyranny – Long Parliament – Civil War – causes - nature and results. Unit-II Common Health and Protectorate – Rump Parliament – constitutional experiment of carnmell – events leading to Restoration of Monarchy- Later Stuarts and their rule Module – Charles II and his parliament – James II and events leading to Revolution of 1688 – Settlement of Glorious Revolution. Unit- III Parties and cabinet government in England – Emergence of political parties - Growth of cabinet system during George I and George II – Pessonal rule of George III its failure - Chartism and the Reform Era – The Reform Act of 1832 – The Act of 1867 – The Act of 1884. Unit- IV Constitutional Reforms in post- Victorian Age. The Parliamentary Actof 1911 - War cabinet – The Act of 1918 and Women’s sufferage - Constitutional changes in inter - war period - The Act of 1928 – The stature of Westernisation – Abdication of Edward VIII. Unit -V Development in post war years – Ireland under the union and after – Second Parliament Act of 1949 – Regency Legislation- British Constitutional History since 1949 – Features of Modern British Constitution – Constitutional development upto 1970 – common wealth relations. Reference Books: 1. Charles Duke Yonge - The Constitutional History of England 1760 to 1860 2. Henry Hallam - The Constitutional History of England 1760 to 1860 from Henry 3. Maitland F.W. - The Constitutional History of England VII to Death of George II 4. William Forbest - A Constitutional History of United Kingdom. 2 Unit - I Early Kings James I (1603 - 1625) James VI King of Scotland was the great grandson of Margaret, the daughter if HenryVii of England. The accession of James Stuart to the English throne as James I, on the death of Elizabeth in 1603, brought about the peaceful union of the rival monarchies of England and Scotland. He tried to make the union of two very different lands complete by assuming the title of King of Great Britain. There was peace in England and people did not fear any danger from a disputed succession inside the country or from external aggression. So strong monarchy was not considered essential for the welfare of the people. Even towards the end of the reign of Queen Elizabeth, Parliament began to oppose the royal will. The attempts of the new king to make the two lands to have one parliament, one church and one law failed miserably, because the Scots were not interested in the union and the English Parliament did not co- operate with him for it did not trust him. James I had experience as the King of Scotland and he knew very well the history of the absolute rule of the Tudor monarchs in England. So he was determined to rule with absolute powers. He believed in the theory of Divine Right Kingship and his own accession to the English throne was sanctioned by this theory. The Succession Act of 1604 also recognized his hereditary right. According to the Divine Right theory, a monarch was accountable only to God. So he thought he was not responsible to Parliament or to the nation and it resulted in his clash with the Parliament. The Commons, who suffered under the restraints of the Tudors, opposed his attempts to become absolute. THE CAUSES OF THE CONSTITUTIONAL STRUGGLE BETWEEN THE KING AND THE PARLIAMNET IN THE 17TH CENTURY: The important event of the Stuart period was the struggle between the King and Parliment which lasted for a century and ended only when the Parliment secured its control over the crown. The struggle of the struggle of the 17th century was not the result of any new circumstance, but due to several circumstances that had been developing ever since the beginning of the Tudor period. There was a need for a strong and centralized monarchy in the Tudor Period. But with the settlement of the religious question, suppression of the baronage by the Tudor rulers and the defeat of the Spanish Armada, the country began to enjoy the atmosphere of peace and security. There was no fear from external danger and internal disorder. The undisputed right of James I to the English throne also removed all danger of wars due to dispute succession. Peace and prosperity enjoyed by the people 3 during the Tudor period made them become critical of the absolutism of the monarch. The influential middle class people became very assertive, especially when they acquired political training by being appointed to the posts of Justices of Peace, Sheriffs etc. Now they wanted to acquire more power and wealth. Further, James I believed in the Divine Right Theory of Kingship which had been developed by the Anglican Church and it maintained that hereditary monarchy was a divine institution favoured by God. Accordingly the King was answerable only to God. But the House of Commons which contained mostly the upper middle classmen like merchants, lawyers, etc., considered the King obstinate. Parliament had become an essential institution in the State by the time the Stuarts came to power and now it was aware of its powers and privileges obtained in the middle ages. The Stuart Kings also did not follow the Tudor methods of getting the support of the Parliament and so, they clashed with the Parliament often for there were certain things which could be done only by Parliament like levying a tax, or altering an existing tax. Another cause for the great struggle in the 17th century was the financial difficulties of the King which afforded the Parliament its opportunity. These financial difficulties were party due to a general rise in prices as a result of the increased inflow in Europe of Gold and Silver from the Spanish American mines, and partly due to the extravagance of the Stuart monarchs especially James I. This naturally resulted in financial difficulties which made the Stuart rulers resort to convening the Parliament to ask for money. Parliament which wanted to control the government began to lay down conditions for the grant of money. The intermingling of religion and politics, the legacy of Reformation was another cause for the struggle. Temporal and spiritual questions were linked together. The Church became a part of the State and subordinate to the government but the common people found it hard to identify religion with politics and harder still to subordinate their sacred faith to their political ideas and principles. Hence, when the great power of the State which had overwhelmed the Church decreased in the Stuart period, the cause of religion made itself increasingly felt. The ambiguity of certain English laws which were interpreted in different ways, served as another factor which facilitated the political struggle of the 17th century. Magna Carta was read in a different way. It appeared that Edward Coke could have invented Magna Carta and used his invention as a weapon in the struggle against his opponents. Another reason for this struggle between the Stuart Kings and their Parliament was the character of the Stuart Kings themselves. They never understood the psychology of the English nation. Therefore they could not feel the pulse of the 4 English ways. Their ideas were already formed and they never made an honest attempt to understand the English. Moreover James I was very conceited and obstinate. So the natural result was lack of co-operation between the ruler and the ruled. Different Stages of the Struggle The struggle between the king and Parliament in the 17th century was a long one, going on for more than a century. It can be divided into 4 periods. 1) The first period between 1588 - 1603 was one of transition from the Tudor period to the Stuart period. Parliament was seen in this period becoming very critical of Elizabeth's rule. 2) Second period 1603 - 1641 was one of constitutional struggle when attempts were made to impose each party's claims while opposing claims were described as illegal. There was also active criticism of governmental policy, but there was no violence involved in this struggle which was essentially a legal one. 3) The third period 1641 - 1660 was one of Puritan Revolution and Civil War. It was characterized by the spread of violence like suspension of monarchy, execution of the king and the establishment of the first and the only Republic which was short lived. 4) Fourth period 1660 - 1688 was that of Protestant Revolution when both Puritans and Anglicans joined hands as Protestants to rise against the Catholic tendencies of the later Stuarts and when James II was finally forced to abdicate and make room for Protestant successors William and Mary. The concluding period, though not one of the struggle can be regarded as that from 1689 - 1714, namely the period of the Revolution Settlement, at the end of which the Stuart dynasty came to a close in 1714 with the death of Queen Anne. 1. Period Between 1588 - 1603: The first period which was essentially a transition period was not very important except it served as an approach to the struggle of the 17th century. Very faint traces of the struggle between the Crown and Parliament could be seen in this period but the time was not yet ripe for the contest.