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Revolution in England

Revolution in England

 

 

Revolution in England

Revolutions involve more than changing leaders or replacing one ruling faction with another.  Revolutions bring about fundamental changes in the political order itself, often resulting in the transfer of power form one social group to another.  Moreover, they affect more than politics.  Revolutions reshape legal systems, education, religious life, and economic practices and redefine relationships between rich and poor, males and females, old and young. 
Because revolutions occur in societies already undergoing intellectual, economic, and social transformations, it is not surprising that history’s first revolutions took place in Western Europe and the Americas in the seventeenth through the nineteenth centuries, when the growth of commerce and industry undermined old social hierarchies, and the emergence of new secular values weakened the foundations of divine right monarchies and privileged churches.  Nor is it surprising that in recent history revolutions have spread to other parts of the world, as new ideologies and economic and social changes have affected one society after another.
In the 1600s England experienced two revolutions: the Puritan Revolution (also known as the English Revolution or English Civil War) in the 1640s and 1650s and the Glorious Revolution of 1688 and 1689.  They limited royal authority, confirmed the fiscal and legislative powers of Parliament, and guaranteed many basic rights for the English people, especially those with property.  They also affirmed the constitutional principle that governments must operate by established laws that apply to subjects and rulers alike, not according to the whims of individual rulers.

The Foundations of Parliamentary Supremacy in England

 

Background to the English Bill of Rights

The acceptance of the English Bill of Rights in 1689 ended a clash between the Crown and Parliament that had convulsed English politics for almost a century.  During the reigns of the first two Stuart kings, James I (r. 1603-1625) and his son Charles I (r. 1625 – 1649), the landowners, merchants, and lawyers who dominated the House of Commons fought the monarchy over religious, economic, diplomatic, and political issues that all centered on the fundamental question of Parliament’s place in England’s government.
A political impasse over new taxes led to civil war between Parliamentarians and Royalists in 1642.  After a triumphant Parliament ordered the execution of Charles I in 1649, a faction of Puritans led by Oliver Cromwell seized power and for the next eleven years sough to impose its strict Protestant beliefs on the English people.  The Puritans’ grip on England loosened after the death of Cromwell in 1658 and was lost altogether when a newly elected Parliament restored the Stuarts in 1660.
Charles II (r 1660 – 1685) and his brother James II (r. 1685-1688), however alienated their subjects through pro-French and pro-Catholic policies and disregard for Parliament.  James II was a professed Catholic, and when a male heir was born in 1688, it raised the possibility of a long line of English Catholic kings. Most of his predominantly Protestant subjects found this unacceptable, and the result was the Glorious Revolution of 1688 – 1689.  In a change that resembled a coup d’ etat more than a revolution, Parliament offered the Crown to James’ Protestant daughter Mary and her husband William of Orange of Holland.  After James mounted only token resistance and then fled the country, his son-in-law and daughter became King William III and Queen Mary II after signing the English Bill of Rights, presented to them by Parliament in 1689.  by doing so they accepted parliamentary limitations on royal authority that became a permanent part of England’s constitution.

English Bill of Rights 1689

An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown

  • Whereas the late King James the Second, by the assistance of divers evil counselors, judges and ministers employed by him, did endeavor to subvert and extirpate the Protestant religion and the laws and liberties of this kingdom;

 

  • By assuming and exercising a power of dispensing with and suspending of laws and the execution of laws without consent of Parliament;
  • By committing and prosecuting divers worthy prelates for humbly petitioning to be excused from concurring to the said assumed power;

 

  • By issuing and causing to be executed a commission under the great seal for erecting a court called the Court of Commissioners for Ecclesiastical Causes; 1
  • By levying money for and to the use of the Crown by pretence of prerogative for other time and in other manner than the same was granted by Parliament;

 

  • By raising and keeping a standing army within this kingdom in time of peace without consent of Parliament, and quartering soldiers contrary to law;
  • By causing several good subjects being Protestants to be disarmed at the same time when papists were both armed and employed contrary to law;

 

  • By violating the freedom of election of members to serve in Parliament;
  • And whereas of late years partial corrupt and unqualified persons have been returned and served on juries in trials, and particularly divers jurors in trials for high treason which were not freeholders;

 

  • And excessive bail hath been required of persons committed in criminal cases to elude the benefit of the laws made for the liberty of the subjects;
  • And excessive fines have been imposed;

 

  • And illegal and cruel punishments inflicted;
  • And several grants and promises made of fines and forfeitures before any conviction or judgment against the persons upon whom the same were to be levied;

 

  • All which are utterly and directly contrary to the known laws and statutes and freedom of this realm;
  • And whereas the said late King James the Second having abdicated the government and the throne being thereby vacant, his Highness the prince of Orange (whom it hath pleased Almighty God to make the glorious instrument of delivering this kingdom from popery and arbitrary power) did (by the advice of the Lords Spiritual and Temporal and divers principal persons of the Commons) cause letters to be written to the Lords Spiritual and Temporal being Protestants, and other letters to the several counties, cities, universities, boroughs and cinque ports,2 for the choosing of such persons to represent them as were of right to be sent to Parliament, to meet and sit at Westminster upon the two and twentieth day of January in this year one thousand six hundred eighty and eight3 [old style date], in order to such an establishment as that their religion, laws and liberties might not again be in danger of being subverted, upon which letters elections having been accordingly made;

 

  • And thereupon the said Lords Spiritual and Temporal and Commons,4 pursuant to their respective letters and elections, being now assembled in a full and free representative of this nation, taking into their most serious consideration the best means for attaining the ends aforesaid, do in the first place (as their ancestors in like case have usually done) for the vindicating and asserting their ancient rights and liberties declare
  • That the pretended power of suspending the laws or the execution of laws by regal authority without consent of Parliament is illegal;

 

  • That the pretended power of dispensing with laws or the execution of laws by regal authority, as it hath been assumed and exercised of late, is illegal;
  • That the commission for erecting the late Court of Commissioners for Ecclesiastical Causes, and all other commissions and courts of like nature, are illegal and pernicious;
  • That levying money for or to the use of the Crown by pretence of prerogative, without grant of Parliament, for longer time, or in other manner than the same is or shall be granted, is illegal;

 

  • That it is the right of the subjects to petition the king, and all commitments and prosecutions for such petitioning are illegal;
  • That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of Parliament, is against law;

 

  • That the subjects which are Protestants may have arms for their defense suitable to their conditions and as allowed by law;
  • That election of members of Parliament ought to be free;

 

  • That the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament;
  • That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted;

 

  • That jurors ought to be duly impaneled and returned, and jurors which pass upon men in trials for high treason ought to be freeholders;5
  • That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void;

 

  • And that for redress of all grievances, and for the amending, strengthening and preserving of the laws, Parliaments ought to be held frequently. . .


1A special royal court established to try religious cases.
2Five maritime town in southeast England that during the Middle Ages gained the right to send representatives to Parliament in return for aiding the naval defense of the realm.
3Until the eighteenth century the English new year began on March 25, not January 1; by reckoning the year should be 1689.
4The Lords Spiritual were the prelates of the Anglican Church who sat in the House of Lords; the Lords Temporal were titled peers who sat in the House of Lords; Commons refers to the House of Commons, to which non-titled Englishmen were elected.
5Property holders.

Document Information
The Avalon Project : English Bill of Rights 1689
The document is located at this URL : http://www.yale.edu/lawweb/avalon/england.htm.
The document was last corrected for conversion errors or the markup was updated on: Wed Dec 31 18:00:00 1969
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© 1996-2005 The Avalon Project at Yale Law School.
The Lillian Goldman Law Library in Memory of Sol Goldman.
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Questions:

  1. What abuses of royal power seem to have most disturbed the authors of the English Bill of Rights?
  2. Were the authors most concerned with political, economic, or religious issues?
  3. What role does the Bill of Rights envision for the English Crown?
  4. When the Bill of Rights speaks of “rights,” to whose rights does it refer?
  5. In what ways might the common people of England benefit from the Bill of Rights?

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Revolution in England

 

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Revolution in England

 

 

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Revolution in England