English constitutionalism

Major Timeline:
- James I (1603 - 1625)
- Charles I (1625 - 1649)
  - Civil War (1642 - 1649)
  - Commonwealth (1649 - 1658)
  - Protectorate (1653 - 1659)
- Charles II (1660 - 1685)
  - Restoration
- James II (1685 - 1689)

Turbulent period marked by conflicts and shifts in power:
- After the Tudor dynasty, peaceful successions were disrupted.
- Civil War from 1642 to 1651.
- Republican Government established (1649-1660).
- Restoration of the monarchy in 1660.
- The Glorious Revolution (1688-1689) ultimately did not resolve all constitutional issues.
Political Factions:
- Whigs: Scottish Presbyterians, aimed for a limited monarchy with shared power.
- Tories: Irish Catholics, supported the traditional monarchy.

Stuart rulers operated within traditional boundaries but failed to adapt.
Seen as unfit to rule England due to:
- Inflexibility in governance.
- Over-demanding of parliamentary cooperation.
- Discord with the predominant religion of the nation.

Focus Areas:
- Examine the Petition of Rights (1628) and Bill of Rights (1689).
- Omit details on the Civil War and the Restoration phases.
- Explore the revival of medieval constitutional ideas and the introduction of checks on political power.

Context of the Thirty Years War:
- By the end of James I's reign, tensions rose.
- James I wished to maintain neutrality while seeking a dynastic alliance with Spain.
- Charles Stuart aimed to mediate between conflicting parties.
- 1624: Buckingham ordered funds for a war against Spain, leading to military failures and increased taxes.

The government experiences a Switcheroo:
- Parliament grants funding but with restrictions.
- Buckingham becomes a scapegoat for grievances, eventually impeached for high treason.

Parliament suspends sessions (prorogued).
Imposition of forced loans on gentlemen; dissent faced repercussions, including imprisonment without trial (no habeas corpus).
The King's Bench served as the royal court of appeal in such matters.

A new Parliament convened in 1628, focusing on key principles:
- Does the king have the authority to tax without Parliament’s consent?
- Can the king imprison individuals without a trial?
Medieval constitutional concepts influencing debates include:
- Higher law binding the king.
- Horizontal power dynamics and charter agreements.
- The divine right theory of kingship and mixed constitution principles.

Led by Edward Coke and others, advocating for a Bill of Rights.
Settlement reached:
- Charles I agreed against unilateral actions—no taxation, imprisonment, billeting of troops, or martial law without parliamentary agreement.
- Charles later returned to prerogative logic.

Initial attempts to foster a Catholic resurgence.
Policy of toleration towards Catholics and dissenters, failing to repeal the Clarendon Code that discriminated against Catholics.

James II issues a Declaration of Indulgence (1687), aiming to suspend anti-religious laws.
Anglican bishops resist and face imprisonment for disobedience; the grounds for such actions were tenuous.

With no male heir and James II in his 50s, parliamentary hope rests on his Protestant daughter Mary, married to William III of Orange.

The birth of a male heir in June 1688 causes panic.
Parliament invites William III to invade, creating a power dynamic aimed at limiting James's authority.