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Parliament. 3 important powers.

The Tudors (14851603). 28.10

Henry VII (14851509)


I. Domestic issues.

Henry VII came to power after the war of Roses in which he killed his opponent, Richard III. The war of Roses: two branches of royal family York (white, Richard) and Lancaster (red, Henry VII).

Henry inherited the country which was ruined and impoverished by civil war.

NB: Henry was married a woman from the White rose branch.
The main aim of Henrys rule was to limit the power of nobility. Henry decided that no more titles or special powers will be given to the nobles in order to prevent any wars in future.

 

The end of feudalism

1) The limitation of political influence of the nobles (Henry depended on people from the lower social classes)

2) Control of marriage alliances [elaiens]

3) The prohibition of private armed forces

4) Harsh penalties for treason ([tri:zn] . ; )

(Attainder the loss of the status of the citizen and all the possessions of the criminal and his family, ).

Landlords lost their power which led to the slow death of feudalism.

 

Financial crisis

Henry had difficult relationships with the Parliament as he didnt want to depend on someone, especially in the financial questions. Thats why he searched for other ways of earning money for the budget:

1) Rents from the royal estates

2) Indirect taxation (direct taxation can be imposed with the Parliament consent, indirect without Parliaments consent)

3) Fines (the main type of punishment)

4) High litigation fees

5) Direct taxation

6) Vassals duty

As a result, Henry was able to save up enough money and he left to his heir an estimated wealth (, ) of 2 million pounds.

NB! Henry VII sent a first British expedition to America, which, unfortunately, failed.

 

II. Judicial system

1) A new specialized court appeared the Court of Star Chamber. This institution was controlled by people close to the king. People were rarely acquitted () here. The Count of Star Chamber decided most serious cases (treasons, felonies etc , ).

2) The Count of Chancery. In the XVI century, the Count of Chancery became lengthy and expensive. The necessity of Court which would use equity to decide problems of lower social classes appeared, so the Court of Requests was established. Later, equity courts became busier than common law courts, so when the judges of the common law courts understood that they lost money due to their unpopularity, they started to criticize equity courts (especially the Court of Requests). They proclaimed a few things.

The criticism of equity court:
1. equity courts cant be called the courts of law, as they didnt apply law and no professionals worked there

2. the concept of equity is difficult to understand, so its impossible to predict future decisions.

Common law judges provoked people to ignore the decisions of the Court of Request, so this institution slowly lost power and disappeared in the XVII century as it was not possible to enforce its acts.

 

3) Justices of the peace (JPs) served as the source of information about the local matters for the king. They controlled sheriffs and limited their powers. Henry VII granted () justices of the peace some new powers:

to grant bail ()

to remove members of the jury

to try cases without a jury

However, Henry introduced methods to control Justices of the peace:

Henry appointed JPs himself

Term of service is limited for 1 year (may be prolonged)

Quarter Sessions the meetings of travelling judges in the localities

 

- the decision of most important cases

- the court of appeal in which people challenge () JPs decisions

The decision can be upheld () or overturned/overruled ().

 

Henry VIII (1509 1547)

I. Government.

Henry VIII was the second son of Henry VII and he wasnt really ready to become a king. Due to the unfortunate death of his brother, he inherited the throne and started his reign without having a solid understanding of kings duties.

He believed that the king had to concentrate on foreign affairs (), while his government must administer the country according to his demands and orders, which were unclear and vague ([veig] , )

 

Problems in central government

1) Overlapping powers of central departments (, ) + inefficient use of finances

2) Favoritism

3) The growing number of Councils members

It was clear that the country needed a reform (in which the king wasnt interested). The reforms were made on the initiative of Thomas Cromwell (Lord Chancellor).

 

Cromwells reforms

 

1) Control of financial activities of central government

2) Formal definition of rowers and responsibilities of departments of central government

3) Abol i tion () of Kings Council (replaced by the Privy Council (). Privy Council:

number of members is limited to 20

collective responsibility:
- to administer the country

- to manage national defense and foreign policy

- to control and audit national finances

- Court of Star Chamber

- to enforce law and order in localities

- to manage Parliament (to monitor which laws and questions were discussed in Parliament + law initiatives)

As a result of these reforms Lord Chancellor became the most powerful man in the country and the informal head of the state


up to 2005:

1) judicial power the Court of Chancery

2) legislative power the House of Lords (member)

3) executive branch the Privy Council

 

II. Reformation

 

Henry VIII didnt support protestants. Ironically, he became the founder of the national English church.

Reasons: 1) Henry VIII wished to divorce his first wife (he needed a legitimate male heir).

2) Financial difficulties. The Country didnt have enough money, so the king focused on the lands of the Church the Church didnt pay taxes to the state, but rather to the Pope.

1531 Henry VIII proclaimed himself the supreme head of the church

1533 Henrys marriage to Anna Boleyn (mother of Elisabeth)

 

These decisions were unpopular among people, and the opposition grew larger, so the king had to summon Parliament more regularly to legalize his activities

NB. the Parliament gained a political power (a power to discuss political matters)

 

1534 the Act of Supremacy the King is proclaimed the head of the English Church

, .

 

The Tudors.

Henry VII(1485-1509)

1)Domestic difficulties.

2)Judicial system

Henry VIII(1509-1547)

1)Government

2)Reformation

3)King`s great matter.

 

Henry VII(1485-1509) he killed Richard the third and then got power. From the middle of 15th up to 1485 people were in constant rebellion. 2 branches Lancastrians and Yorkists(families) they tried to fight for power. Period of instability. Deciding disputes by means of fighting. Most of the treasury was used for finance of military campaigns. There was no money in the country. Main task to strengthen his own power and limit all other nobles. Lancaster`s branch Henry VII. Combination of red and white roses emblem of tudors.

Rebellious nobility.

1)No nobles could receive privileges from the king. No titles or power to nobles. King controlled almost in every aspect of life he didn`t trust any landlord. The nobility didn`t get new power. 2) Control of marriage alliances. He knew, that his enemies could arrange a marriage and again get a powerful alliance that could threaten Henry`s power. 3) No private armies feudalism came to amend. This was not officially estated the real end of feudalism and the beginning of new era. 4) Penalty of attainder for treason(. ). Attainder special type of punishment people were not killed or sentenced to capital punishment. A person and his family lost all civil rights and lost status of citizen and their posessions which the king confiscated and was left a begger in England. Method of threatening society. At the beginning of the 16th century he controlled really stable country. His power was well secured.

Difficult financial situation.

Main problem king received money in 2 1)vassals` duty and main source taxation. Parliament was summoned really rarely. His parliament worked 25 weeks during his reign. Actually parliament respected the king but there was a wish of the king not to summon the parliament. If feudals didn`t provide him money and taxes couldn`t be collected then

1) Rents from royal estates(king rented the land)

2) Indirect taxation(import and export taxes). Duty . Establishment of positive relations with other countries. There shouldn`t be any international conflicts.

3) Fees and fines from the administration of justice.(high litigation fees became a norm)

4) Levying direct taxation(rarely) the least important source of revenue.

5) Vassal`s duty(also less important).

Henry VII was the person who was concentrated on everything. He was the first Eng. Monarch who firstly sent expedition to America. There was no colonation but it began in a century. Henry`s expedition was the first.

Judicial system.

5 important courts Court of Exchequer,Common Pleas, Chancery, Admiralty, Court of King`s bench + Court of Star Chamber(developed by King`s Council) 6th was the court which everyone was afraid of. No one was acquitted() in this court. The most serious cases were tried there. Cases of treason. Typically people were severe punished there. The court where only powerful landlords were tried. 2) Court of Chancery dealing with civil cases + special type of law equity + judge Lord Chancellor. One of the problem of common law courts lengthy + hearing was expensive. In the 16th century this court became lengthy and expensive. As it became expensive people of lower social classes couldn`t decide their disputes there. 3) The Court of Requests the court where people of lower social classes could decide their disputes. Soon it became very busy. People were eager to decide their disputes in the court of equity not in the court of common law. Judges of the court of requests were churchmen of lower classes. It was a cheaper solution for people. In the 16th cent. Court was busy. Judges of common law courts understood that they didn`t get money because people paid litigation fee in court of Requests. They wanted to attack the court of Requests they started to say that this court couldn`t be called a court of law because judges in this court were not professional lawyers. 2 argument equity was difficult to be understood. By precedents u can easily predict what the future decision might be. It`s more difficult to predict a decision what the churchman can reach in the court of requests because the principles of equity were not quite clear and easy. Common law people started to encourage people to ignore the Court of Requests. They may not obey the decisions of this court. Losers started to abuse this. In the middle of the 17th cent. This court was disappeared. Judges didn`t criticize the court of chancery because lord Chancellor was the second person in the country and it was rather risky to oppose him. Henry VII tried to improve judicial system in localties JP`S.

Justices of the peace. JP`S were the main source of justice for less important cases in localties. New powers. Cheriffs were land-owners Henry VII didn`t trust any land-owner it was a reason. New powers 1) power to grant bail(release on bail) 2) to remove members of the jury 3) right to try cases without a jury(this was possible in those cases where people couldn`t be sentenced to capital punishment death). Methods to control JP`S(monitoring activity) 1) every JP was appointed by a king(not elected by community) 2) term of service was limitied() 1 year. Every year Henry VII had to decide whether JP was a reliable one or not. If he was satisfied he could prolong his service. 2) Quarter sessions. Session meeting of travelling judges. Organised in shire for every 3 months. Typically representatives of royal courts. Those judges had to visit localties in order to decide serious cases(because JP`S were not professional lawyers). Courts of appeal() Quarter sessions. To challenge a decision . Toupholdadecision ( ). If the decision of JP was wrong then it was overturned(or overruled). And this meant that JP was unreliable(if his decisions were wrong(most of them)).

Henry VIII(1509-1547). He was a founder of Protestantism. His reign symbolized the end of catolicism.

Government. His father tried to focused on every aspect of social life. But Henry VIII was not prepared to become a king he was prepared to become a bishop. His brother died that`s why second son came to power. As he was not prepared to govern he has his own idea of what monarch should be. He tried to make alliances with the other nations to demonstrate the power of England. Many unsuccessful military campaigns. He had a lot of departments(domestic policy). Lord Chancellors. Failors were killed.

Problems in central government. Overlapping powers and financial sources. Different departments had the same functions. Chamber and King`s council the same functions. Exchequer and The Chamber financial matters 2 departments have the same power they sometimes focused on the same problem 2 or 3 departments used money independently to deal with the problem. Problem of favouritism Henry VIII had too many individual advisers. It was not always possible to king to decide every matter because there were many opinions. Too many people in the Council(up to 100 people). It was not possible to discuss important matters with such quontaty of people.

Reform at government level. Thomas Cromvel Lord Chancellor 1533 he decided to introduce the reform successful initiative. Start controlling the financial activities of the department(control of financial sources for departments). Powers of departments defined(every department should know what it was supposed to do). Abolition of King`s Council(). Set up and abolish. King`s Council was too large that`s why it was abolished. Establishment of the Privy Council(exists even in 21th century). Main difference was a limitation of number of members. Privy Council only 20 people. They were supposed to work regularly collecting the responsibility for decision making. The Privy Council 1) power to administer the country 2) the power to discuss matters of national defence 3) to manage national finance together with the Lord Treasurer 4) had judicial power functioned as a court of law(Court of Star Chamber) 5) to enforce law and order 6) to manage Parliament(monitor what was discussed in Parliament Parliament was made to adopt only those laws in which King was interested). Lord Chancellor became a Member of House of Lord

Reformation Causes 1) wish to divorce the first wife 2) financial difficulties Events 1) 1531 the king = the supreme head of the church he appointed the new archbishop who was ready to give a divorce to Henry. 2) 1533 Henry`s VIII marriage to Anne Boleyn. 3) 1534 passage of the Act of Supremacy Parliament started to play a more important role in political decisions.

 

 

Elizabeth I (15581603). 6.11

I. Children of Henry VIII
Henry VIII had 3 children Edward, Mary, Elizabeth each from one wife.

The first one who got to power was Edward VI (15471553). He was only the nominal king, the power actually belonged to the regent [ridgent], his uncle Edward Seymour. He tried to support the Reformation by issuing the first protestant book.

The next successor () to the throne was Mary (15531558). Unfortunately, she was a catholic. Although the nobles tried to prevent her reign (), she managed to be coronated with the nations support. She tried to repeal laws promoting Protestantism.

The unlawful killing of protestants made her unpopular.
Her foreign policy was also unsuccessful as she lost the war with France. (the Port Calais especially the loss of it was a bitter humiliation of England).

 

Mary decided to marry the king of Spain, Philip I. However, that marriage would mean that the England will lose its independence to Spain as it was traditionally considered that the husband had the power over his wife. She also made Philip the king of England (with the time limit, though, until her death).

 

Mary was not a popular monarch, her death was celebrated.

 

The reign of Elizabeth was called the golden age. It is associated with stability and prosperity. NB: She sent expeditions to America.

 

II. Central government ideal Tudor government.

Elizabeths government consisted of 3 main elements:

1) The Monarch
virtually enjoy () absolute power

was supposed to obey the law as he was an example for his nation

in case of emergency, however, laws can be ignored

Executive:
administration of the country
foreign policy
Elizabeth focused on every aspect of the life of her people
Judicial:
the king could preside over () the Court of Star Chamber
Legislative:
the king could make laws without Parliament (Parliament laws of greater social importance statutes; kings acts ordinance and proclamation)
2) the Privy Council [pr i vi]
There were some topics which Elizabeth never discussed with the Privy Council (her marriage, the future of Reformation or the situation in Netherlands)
Members of the Privy Council (their advisors, actually) visited the localities (. ) to check on situation in regions. (The secretary later they transformed into ministers)
3) the Parliament
Earlier, Parliament was viewed as a supplem e ntary () institution used to get money from the nation.
However, during the Tudors reign Parliament gained greater importance because the monarchs needed to legislate on various matters (such as the Reformation). (|ˈledʒɪsleɪt| ).

 

Henry VIII understood that it was not handy () when the Parliament functioned ad hoc ( , ).
The Parliament started to work in sessions (when the Parliament wasnt dissolved, as the same people would return for the new session).

 

1) the Parliament had the power to levy taxes (through Tudors preferred indirect taxation)
NB. Elizabethalsoused
piracy (especiallyagainstSpain

 

,

 

Plan:

1) Children of Henry VIII

2) Government

a) central government

b) local government

3) issue of succession and war against Spain.

 

Henry VIII had 3 children from first 3 marriages.

1st child Mary Tudor.

2nd Elizabeth.

3rd Edward. Edward had to come to power firstly.

 

Edward VI (1547-1553). Protestant. He actually did not exercise much power. In fact, power belong to Lord Seymour. The most important attempt that this government made reformations of church. The 1st Prayer Book (protestant) was published and parliament was summoned to make laws according to this subject.

Mary didn`t belong to church (she was not protestant, but catholic). Mary became the queen in 1553. As she was a catholic and as she enjoyed nearly absolute power in the country she tried to use this power to repeal all the previous laws and enact new laws that can provide power to Catholicism. Mary became unpopular as she repealed laws of reformation she decided to kill people who supported the reformation. Unsuccessful foreign policy. War against France. She quarreled with France. England lost Port Callais last possession in France. Desperate desire to get married. She wanted the dynasty to be continued. Elizabeth was protestant. She didnt want Eliz. to enthrone. Spain King Philip the Second Mary decided to marry him unsuccessfully. View of people that husband had power over his wife. This meant that theoretically that Spanish king could control England. Philip 2 was not much interested in what was happening in England that time. She wanted to rule jointly with her husband king of Spain. Philip received this right only during the period of her being alive. Leader of the country queen. 1558 when Mary died, protestants were happy J.

Elizabeth I Golden Era of the history of England. (1558-1603). Protestant. The cultural development. William Shakespeare, she was famous for beginning of the real exploration of America. The first colony that English people had in America was called Virginia. Queen never married. First colony where people settled. She never married probably because she couldn`t choose anyone within her country and outside (because it meant influence of foreign countries).

Government ideal Tudor Government. When Henry VII ruled government was old-fashioned. Henry VIII government was reformed. Elizabeth`s reign stability, prosperity, efficient government. Her central government consisted of 3 basic elements

1) The monarch (the monarch enjoyed absolute power he could do anything he actually wanted to do, but the monarch was not above the law. The idea monarch the example for the other generations and the nation in natural. In emergency laws could be ignored and monarch could exercise absolute power without limits. Monarch the head of the state. Monarch had 3 branches of power in his hands. Executive branch administration, foreign and domestic policy. The monarch had judicial power preside in the Court of Star Chamber she was a person who was interested in the cases of treason. Finally, the monarch could make laws without Parliament (legislative power). Laws made by parliament laws of great social importance. When the laws were not as important as the laws about reformation for the society then the monarch could make the laws ordinances and proclamations.

2) The Privy Council. maximum 20 members. It was mostly used to advise the queen and provide her security. Elizabeth didn`t discuss all problems with this department. Questions according to her marriage and future reformations, situation in Netherlands these 3 topics couldn`t be discussed in Privy Council. It was supposed to enforce the law and administer the country to visit different places to monitor activities of local government. As the Privy Council had to work every day it was nearly impossible for it to visit localities instantly. Group of people who was supposed to help him to whom Privy Council delegated a part of its power (to this team of supporters). The Secretaries they visited different parts of the country, prepared documents for PC and so on. They became later so important that they transformed into ministers (Nowadays, ministers in England are called secretaries). Elizabeth herself had her personal supporters.

3) Parliament. Since the time when Edward I summoned parliament in 1275. Supplementary institution which was used when monarch needed more money. All the Tudors didn`t like Parliament, but suddenly it became an important political institution. Social matters and reformations were made by laws issued by Parliament. Parliament virtually discussed nearly everything every important issue. In the 16th century the new idea It was Henry the VIII who understood that previous actions with parliament were inconvenient. Elections of MP (members of parliament) it was necessary to choose MP`S from different constituencies. If the king needed parliament quickly it was not possible to summon it quickly he should wait 40 days to arrange elections, find people. He decided to use sessions of parliament. 1st session worked for 3 months when it was no more needed members were let to go home and will be soon asked to come during the next session. When king needed a parliament again he simply had another session.

Parliament. 3 important powers.

1) the power to tax (taxation). Tudors rarely used parliament for taxation. They tried to find money somewhere else. No one tried to get money by parliament. No one wanted to have his power limited by Parliament. Elizabeth I used pirates to attack Spanish ships. She got money from them in return she didn`t punish them. Francis Drake and other sea-dogs. Selling monopolies gave exclusive rights to different companies to monopolize a sphere of economy (-, Virginia company). Not popular measure because economy required reformation. Elizabeth I didn`t reform the economy and this lead to difficulties. She borrowed money from other countries big national debt.

2) legislation it was supposed to discuss only laws initiated by Privy Council, it couldn`t discuss its own laws.

3) forming a contact between the Crown and the nation.

In the 16th century P. was bicameral. Up to these days it consisted of 3 important parts The House of Lords, The House of Commons and The Monarch in parliament (queen or king). Naturally the queen was to sign a bill into a law no law could be made without the agreement of the monarch. The monarch could veto the bill(disapprove). Lord Chancellor monitored the situation in the House of Lords. The person The Speaker his function he had to stop the fights in the parliament, control discipline. The House of Commons (as it grow larger) monarch gave it privileges.

Privileges of the House of Commons

1) freedom of speech was given only for law-making (according to the wish of the queen/king)

2) freedom from arrest (when parliament was in session MP`S couldn`t be arrested, but when it was not in session they could easily be arrested. Exception cases about treason).

3) Personal a ccess of the Speaker of the Commons to the monarch. All in all, Parliament finally became an important part of government. During the 16th century parliament started to ask a question of how much power it could exercise (the limit of its functions). The monarch tried just not to summon parliament because there was no answer for this question. At that time parliament respected monarchs, and the monarchs parliament. There was no confrontation. This question wasn`t openly asked. In the 17th century there was a confrontation. Parliament tested its power itself and finally discovered in the end of 17th century that it could do almost everything even get rid of the king.

 

Local government. 16th century between central and local government the Council of the North control of England and its cities and shires. The Council of the March administering of Wales. 2 Councils responsible to () the central government. Sheriffs had to be replaced by mayors to control this or that city. Enforce royal laws and orders to control royal lands, collect taxes. Sheriffs and mayors could no longer exercise military power. Lord Lieutenants they enjoyed all the military power raising the army, catching the criminals etc. JP`s Elizabeth trusted them. They got new power they could release on bail, remove members of the jury and try without jury. They were appointed every year and were checked by sessions. Activities of JP`S were monitored by Quarter sessions. Grand Sessions were nearly the same but were held 2 times a year and were used to deal with the most serious cases , murdery, burglary.

Issue of succession. Mary Stuart, Queen of Scotts. Wife of a French king and a widow. She was a catholic. When she returned to her country it was rather difficult to Mary to control the country because protestants in Scotland enjoyed more freedom than in England. She married again in Scotland. Sooner she married a murderer of her 2nd husband. Decision was wrong that`s why she left Scotland and went to England. 1568 arrival in England new hope(last) for c a tholics they immediately started to plot () to get rid of Elizabeth I and to make Mary Stuart the new queen. There was a total fail. 1587 execution. Catholics not only in England but c a tholics in Europe lost hope and Philip 2 lost hope and he decided to attack England. War against Spain it was never officially declared and ended. Causes execution of Mary Stuart necessary to start openly fighting rather than wait for other chance. Pirate attacks. The support of the Netherlands by England. + Elizabeth refused to marry Philip. One major battle of 1588 Spanish Armada. Luckily for England weather was bad, ships were faster, heavy Spanish ships were wrecked near Scotland (wreck ). Attacks came to the end when Philip II died. Strange war. This war had an important impact on England England finally understood that it was possible to focus on the problem of the colonization of other continents and start exploring the world.

 



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