1. Constitutionalism in Western Europe England and the Dutch Republic

2. 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

3. English Society in the 17 th 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

4. English Society in the 17 th 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

5. 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?

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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”

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

15. The Glorious Revolution

16. 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

17. 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

18. 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

19. 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

20. 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

21. Three Issues:  What about religion?  What about the succession?  What about Scotland?

22. 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

23. 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

24. 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

25. The Cabinet System in the 18 th 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

26. Robert Walpole  Viewed as the first Prime Minister  Led the cabinet from 1721-1742  Precedent: the cabinet is responsible to the House of Commons

27. 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

28. The United Provinces of the Netherlands (Dutch Republic)

29. The Dutch Republic  1 st half of the 17 th 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

30. 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

31. 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

32. Mercantilism  Greatest mercantilist nation of the 17 th 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

33. 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