English Constitutionalism : The Lockean Solution

1. English Constitutionalism:The Lockean Solution One hundred Years Before Louis Establishes the Rules of Absolutism: The Tudors create the 5 Problems of Absolutism that hobble the monarchy an put England on the path to modern constitutionalism.* Constitution:A written or unwritten higher law that establishes a governments powers, procedures, and limits. A constitution establishes the basic rights of citizens and obligates the government to protect them. It is only changeable with the consent of the people governed.

2. Turn 5 Rules Into 5 Problems • The King must be godlike • The King must be in control • The King must be wealthy • The King must impose religious conformity • The King must have an Army • The Problem of Royal Personality • The Problem of control and sovereignty • The Problem of royal finance • The Problem of religion • The Problem of Foreign Policy

3. Tudor Problems • The problem of Royal Personality • Fine for Henry • Not sickly Edward, Mary & Elizabeth were women! • Problem of Control and Sovereignty • Throw out the Pope he had to go to Parliament: Act in Restraint of Appeals and Act of Supremacy • Edward, Mary, & Elizabeth all went to Parliament to get religious settlements – Elizabethan/Anglican Compromise of 1559 especially noteworthy • Problem of Royal Finance • Magna Carta – no provision without redress and permission • Henry loved to spend – had 60 palaces and wars with France and Scotts • Got a windfall with the monasteries that would double his income, but sold it for quick cash – strengthening the gentry! • The problem of Religion – all of the Tudors left extremists on both sides hoping to eventually be able to win • The Problem of Foreign Policy • Constant War with mixed results enfeeble the royal finance • England at the dawn of the 17th Century could go either way: Global player or secure behind her white cliffs

4. Stuart Problems James Ist • Problem of Personality • Short, skinny, lisp • Carried on with male courtiers • Problem of Control • Lectures Parliament on Devine Right & tears up their protests • James couldn't afford efficient bureaucracy so had to rely on unpaid aristocrats • Problem of Finance: • Poor and spent money he didn’t have = Spiraling debts • Granted Monopolies • Problem of Rel. • James ignored them while asserting “no bishop, no king” • Problem of Foreign Policy • Rex pacificus – gets him into double trouble • Personality issues & Protestants who see him leaving brother protestants out to dry in 30 yrs war Charles Ist • Not as lispy and funny looking as Dad, but extremely rigid • Immediately at odds with Parliament • Charles even more shrill in his assertions of Devine Right • When Parliament refuses funding for a war he engages in unsanctioned revenue measures: forced Loans, quartering of soldiers, “ship money” • Petition of Right 1628, “eleven years’ tyranny • See 2 above • When Charles attempts to Anglicanism Scotland he starts a Rebellion • He had married a Catholic • He persecuted Puritans • After starting the “Bishops War” he had to go to Parliament for money – Parliament responded robustly __, ___, ____ • Charles had no army to fight the resultant Civil War(s) • Rely on his Cavaliers • Roundhead New Model Army of Parliament defeats Charles • Charles refusal to negotiate lead to his execution for treason in 1649

5. English Constitutionalism: 1649-89: • Commonwealth (1649-53) & Rump Parliament: Problem of the Levelers vs. Gentry • Protectorate (1653-58) & Oliver Cromwell • Rules with 11 Generals in as many districts • Rules in the vein of the Consistory • Advances the treasury to collections of 2 million • Cromwell advanced an aggressive Protestant Foreign Policy • Charles II – The Playboy • James II- The Catholic & the Gloriouse Revolution