Constitutionalism in England

Constitutionalism in England was a long journey beginning with civil unrest caused by King James I. This journey to constitutionalism included a Civil War, a king's execution, and a daughter overthrowing her father. To truly understand English Constitutionalism, let's travel back to the end of James I's reign and then look at the development, causes and effects.

Constitutionalism in England 17th Century

England had a Parliamentary System of government. While the ruler was powerful, they were not all-powerful. Parliament consisted of the monarch, the House of Lords, and the House of Commons. The House of Lords consisted of nobles, while the House of Commons consisted of elected officials. While most English people could not vote for these officials, it was the most representation that they had.

Fig 1: James I

Let's start with the first Stuart monarch, James I. James became king when Elizabeth I died without an heir. He was already king of Scotland, so he united the two countries by becoming king of England. James was a Protestant who believed in the divine right of kings. He disliked people who believed in different forms of Christianity and tried to remove them from England.

Development of Constitutionalism in England

Charles I became king when James I died in 1625. Like his father, Charles believed in divine right. He married the French king's Catholic sister, Henrietta Marie, who raised their children to be Catholic. Protestant England did not like this. Charles also favored wars and disliked Parliament.

Fig 2: Charles I

When his war against Spain became too costly, Charles began to raise money by selling monopolies, reinstating outdated taxing laws, placing taxes on hunting, and more. He also forced the English to house and fed his soldiers so that he could save money. Charles also forced nobles and wealthy gentry to give him a loan. If they refused, then he imprisoned them.

Parliament was afraid because Charles wanted to be an absolute monarch. Absolute monarchies, also called royal absolutism, were a system where the ruler controlled everything without the need for public approval. If Charles became an absolute monarch, Parliament would completely lose its power. They had to limit Charles's power first. The king needed more money, so he went to Parliament, who agreed to raise funds if he signed the Petition of Right.

Charles reluctantly agreed but would not call Parliament again until 1640, when a rebellion from Ireland and Scotland forced his hand: Parliament refused to support the war unless Charles gave them more power, so he had them arrested. This led to the English Civil War.

Oliver Cromwell and the English Civil War

England entered a civil war from 1642 to 1649. Oliver Cromwell led the Parliament's army against Charles's army. When Charles was captured, they tried him. The king was found guilty of treason against Parliament and England. Charles refused to defend himself or accept the verdict because he believed that Parliament and the courts were subject to the king; therefore, they had no power over him.

Fig 3: Oliver Cromwell

Charles was the first and only king in English history to be executed. Cromwell was the Lord Protector of England from 1653 to 1658. Cromwell produced the first English constitution– though it was destined to fail. He died in 1658, but the concept of a Lord Protector who worked with Parliament remained important.

Charles II and James II

Charles II, son of Charles I, was invited to become king after Cromwell's son proved to be a lousy leader. Charles tried to work with Parliament, but they were wary of a new king spending money. Charles's wife was a Catholic Portuguese princess, Catherine of Braganza, and he was friends with the Catholic French King Louis XIV (who was an absolute monarch).

Charles even allowed Catholics to hold office until Parliament banned it with Test Acts. All of this made him very unpopular with Protestant English. Charles planned to contest the Test Acts, but he died in 1685. On his deathbed, Charles converted to Catholicism.

Fig 4: Charles II

Charles II's brother was the next to become king, James II. James found ways to continue allowing Catholics to hold office, dismissed Parliament, and was more unpopular than his brother. Even though James was Catholic, his daughters (and heirs) were not. England just had to wait for him to die.

Then James II had a son with his Catholic wife. His Protestant daughters were no longer next in line for the throne. Parliament knew this child would be raised Catholic, and their next king would be Catholic. They decided to send a letter to James II's oldest daughter, Mary II, inviting her to overthrow her father.

Mary, William, Political Constitutionalism and Human Rights

England's Constitutional Monarchy was caused by the actions of the Stuart kings, the English Civil War, and the military ruler Oliver Cromwell. Let's look more closely at the effects of constitutionalism.

Mary's husband was a wealthy Dutch prince named William of Orange. Together they brought a navy to England, which made James II abdicate the throne and flee to France. Before Mary and William were crowned co-rulers of England, Ireland, and Scotland, they had to sign the Bill of Rights.

The Bill of Rights limited the power of the king and queen while strengthening Parliament. It listed all of James II's wrongs and confirmed that Mary and William were the rightful rulers. Plus a clause that wouldn't allow Catholics to ascend to the throne.

Fig 5: Mary II and William of Orange

The Bill of Rights also gave more rights to the people. The people were given freedom of speech and the ability to petition the government for changes. Cruel and unusual punishments were banned so was the practice of overcharging bail. Parliament had to approve finances, the removal of laws, and the raising of armies. One of the most important rights was that the monarchy was not above the law. If they broke it, then they could be tried like Charles I.

The Bill of Rights created the role of Prime Minister, an elected official who would enforce Parliament while handling the daily tasks of running a nation.

Absolutism and Constitutionalism in England and France

Absolutism and constitutionalism are opposite ways for monarchs to rule. England was on a long journey to become a truly constitutional monarchy, while France had achieved a true absolute monarchy. Let's quickly compare the two to understand constitutional monarchies better. We'll look at Mary and William as our constitutional monarchs and Louis XIV, the Sun King of France as our absolutist.

Causes and Effects of Constitutional Monarchy in England

The constitutional monarchy was the accumulation of actions of English monarchs. The Stuarts, Oliver Cromwell, and the English Civil War all played factors in the creation of the English Bill of Rights. A series of weak kings led to England no longer believing in the authority of kings to govern by divine right. The outcome of this constitutional monarchy was stronger politicians and weaker monarchs.

The monarchs slowly lost more and more power until they became figureheads like the current King Charles III. Elizabeth does not have strong political power but is still queen. Elected officials became stronger, and now Parliament controls legislation.

Constitutional Monarchy in England

Constitutional Monarchies were caused by leaders who created religious and political tension. England had dealt with a series of monarchs who did not follow the agreed-upon rules. After the Civil War, they could change their government but were not ready yet. By the time James II fled and Mary and William took over, England was prepared for that change.