The English Civil War and subsequent legislation

Question 1

Why was there a buildup of tension between 1603-42?

Answer 1

Because there was uncertainty between the monarchy and parliament as to who held power

Question 2

What did the King do in 1642?

Answer 2

Declared war on parliament

Question 3

Explain how the beliefs of the monarchy and parliament were at odds?

Answer 3

Charles I believed that he had a divine right to rule the country as he wanted, while parliament believed the monarchy still had to consult them and listen to their greivances following the magna carta and Henry VIII’s use of parliament to justify his actions

Question 4

What was the outcome of the English civil war?

Answer 4

It was won by parliament. Charles I was put on trial, found to be a traitor and executed. This established the supremacy of parliament over the monarch

Question 5

How was England rules between 1653-58?

Answer 5

As a republic under the strict military rule of Oliver Cromwell. The nature of this rule proved unpopular, meaning that after his death his son became an ineffective leader, parliament would elect to restore the monarchy with limited powers

Question 6

What happened in 1660?

Answer 6

The monarchy was restored, first through Charles II, and then his brother James II

Question 7

What was the problem with the restoration of the monarchy in 1660?

Answer 7

Both Charles and James would attempt to rule as absolute monarchs, which created tensions with parliament

Question 8

How would James II be replaced?

Answer 8

William of Orange threatened to leave the country if he was not made King. A convention parliament was called and it drafted a declaration rights. This was presented to William and Mary when they were offered the crown and the declaration was red aloud at their convention

Question 9

What was the declaration of rights?

Answer 9

A statement of the rights of the subject which also declared that the monarch could not act without the consent of parliament.

Question 10

What happened to the declaration rights in 1689?

Answer 10

It was modified and placed on the statute book as a Bill of Rights

Question 11

Who was the Bill of Rights heavily influenced by?

Answer 11

The political philosopher John Locke, who believed that the government existed due to an agreement between the people and the monarch. He thought that people should enjoy freedom from the government and that this should be protected by law

Question 12

Explain the provision that the suspension or execution of laws without parliamentary consent was made illegal

Answer 12

Only parliament could pass or remove laws

Question 13

Explain the provision that the levying of money through prerogative and without consent was made illegal

Answer 13

Only parliament could raise money for government expenditure

Question 14

Explain the provision that subjects were given the right to petition the King

Answer 14

People could complain to the monarchy through parliament

Question 15

Explain the provision that raising or keeping an army in peacetime, without the consent of parliament was made illegal

Answer 15

Only parliament could raise and maintain an army during peacetime

Question 16

Explain the provision that MPs must be elected through free elections

Answer 16

The principle of free elections away from government interference was established

Question 17

Explain the provision that the impeachment or questioning of debates and proceedings in parliament was made illegal in any court or place outside parliament. Freedom of speech was protected

Answer 17

The parliamentary privilege of being able to say things in the commons without fear of prosecution was established

Question 18

Explain the provision that imposing excessive fines or bails was made illegal. Cruel and unusual punishments were made illegal

Answer 18

The judicial power of the monarchy was limited and the court system could not be abused by the government

Question 19

Explain the provision that parliaments were held frequently

Answer 19

The monarch could not simply ignore parliament by refusing to call it

Question 20

State the five main problems with the bill of righs

Answer 20

• The rights were vague and could be easily reinterpreted
• The precise definition of a free election was unclear
• As a statute law it held no legal authority and so could be easily replaced by a future parliament
• There was no formal procedure for the removal of a monarch
• The monarch still held an enormous amount of power over war, the peaceful running of the kingdom and foreign policy

Question 21

What was the privy council?

Answer 21

A group of senior political advisors with the job of advising the monarch on the use of royal prerogative

Question 22

Who should the succession have gone to after it became clear the William of Orange and Mary would be unable to produce a child?

Answer 22

The heir of James II or Charles I

Question 23

Why was an heir of James II or Charles I not selected to succeed William?

Answer 23

Because the heirs were Catholic and parliament were opposed to a Catholic monarch

Question 24

When was the Act of Settlement passed?

Answer 24

1701?

Question 25

What did the Act of Settlement do?

Answer 25

Settled the succession problem at the time, with parliament offering the throne to George of Hanover

Question 26

What made the selection of George of Hanover seem misguided?

Answer 26

Queen Mary had 50 closer relatives, but they were all rejected on the basis of being Catholic. The new King could not speak a word of English

Question 27

Why was the coronation of George I as King in 1714 especially unique?

Answer 27

It was the first time a monarch had been selected as a result of an act of parliament, rather than through divine inheritance. This meant that it granted parliament the ability to select the monarch if necessary

Question 28

What was the only way judges could be removed according to the act of settlement?

Answer 28

Through the consent of parliament

Question 29

What was the monarch prohibited from using the British military to do under the act of settlement?

Answer 29

They could not take England into a war to protect their home country without the consent of parliament

Question 30

Why could the monarch no longer make decisions on their own as a result of the act of settlement?

Answer 30

They had to consult the full privy council

Question 31

Who was prohibited from becoming a member of the privy council under the act of settlement?

Answer 31

- Foreign born men - Those sitting in parliament - Those who had been given land and titles in Britain - Military commanders

Question 31

Who was prohibited from becoming a member of the privy council?

Answer 31

- Foreign born men - Those sitting in parliament - Those who had been given land and titles in Britain - Military commanders

Question 32

What religious stipulations were placed upon the monarch under the act of settlement?

Answer 32

- They had to be a member of the CoE - They could not be a Catholic or married to a Catholic

Question 33

Which provision in the act of settlement would be quickly repealed by the regency act of 1706?

Answer 33

The idea that no one who had received royal patronage shall be capable of serving in the commons

Question 34

What would have happened if the regency act did not repeal provisions about patronage in the act of settlement?

Answer 34

There would have been a separation of powers so strong that the idea of a cabinet government would not have come about

Question 35

What did anyone appointed to the cabinet have to do under the act of settlement?

Answer 35

Regain their seat in a by-election. This limited the ability of the monarch and PM to appoint anyone they liked to a cabinet position, for fear of losing a parliamentary seat. This is a practise that would continue until 1918

Question 36

What did the act of settlement establish about the selection of ministers?

Answer 36

The monarch could only choose ministers who commanded a majority of support across both house of parliament. This meant that the monarch had to choose a 'monarch in parliament' who could control both chambers, rather than appointing a minister of their choice

Question 37

State the strengths of the Bill of Rights and Act of Settlement?

Answer 37

- The monarch was now of parliaments choosing, rather than divine right - They established the principle of regular and free elections - They restricted the ability of the monarchy to interfere with the law - They meant taxation could only be passed by parliament

Question 38

State the weaknesses of the Bill of Rights and Act of Settlement

Answer 38

- Parliament still remained advisory in nature - The monarch remained the dominant force in British politics - Parliament only represented the wealthiest 2% of the country