The Leading Facts of English History

by D. H. Montgomery

The Civil Wars of the Roses (1455-1485) gave a decided check to the further development of parliamentary power. Many noble families were ruined by the protracted struggle, and the new nobles created by the King were pledged to uphold the interests of the Crown. Furthemore, numerous towns absorbed in their own local affairs ceased to elect members to the Commons. Thus, with a House of Lords on the side of royal authority, and with a House of Commons diminished in numbers and in influence, the decline of the independent attitude of Parliament was inevitable.

The result of these changes was very marked. From the reign of Henry VI to that of Elizabeth, a period of nearly a hundred and forty years, "the voice of Parliament was rarely heard." The Tudors practically set up a new or "personal monarchy," in which their will rose above both Parliament and the constitution;[3] and Henry VII, instead of asking the Commons for money, extorted it by fines enforcedby his Court of Star Chamber, or compelled his wealthy subjects to grant it to him in "benevolences" (S330)—those "loving contributions," as the King called them, "lovingly advanced"!

[3] Theoretically Henry VII's power was restrained by certain checks (see S328, note 1), and even Henry VIII generally ruled according to the letter of the law, however much he may have violated its spirit. It is noticable, too, that it was under Henry VIII (1541) that Parliament first formally claimed freedom of speech as one of its "undoubted privieges."

During this period England laid claim to a new continent, and Henry VIII, repudiating the authority of the Pope, declared himself the "supreme head" (1535) of the English Catholic Church. In the next reign (Edward VI) the Catholic worship, which had existed in England for nearly a thousand years, was abolished (1540), and the Protestant faith became henceforth—except during Mary's short reign—the established religion of the kingdom. It was enforced by two Acts of Uniformity (1549, 1552). One effect of the overthrow of Catholicism was to change the character of the House of Lords, by reducing the number of spiritual lords from a majority to a minority, as they have ever since remained (S406, note 2).

At the beginning of Elizabeth's reign the Second Act of Supremacy (1559) shut out all Catholics from the House of Commons (S382), Protestantism was fully and finally established as the state religion,[1] embodied in the creed known as the Thirty-Nine Articles (1563); and by the Third Act of Uniformity (1559) very severe measures were taken against all—whether Catholics or Puritans—who refused to conform to the Episcopal mode of worship. The High Commission Court was organized (1583) to try and to to punish heretics—whether Catholics or Puritans. The great number of paupers caused by the destruction of the monasteries under Henry VIII and the gradual decay of relations of feudal service caused the passage of the first Poor Law (1601) (S403), and so brought the Government face to face with a problem which has never yet been satisfactorily settled; namely, what to do with habitual paupers and tramps.

[1] By the Third Act of Uniformity and the establishment of the High Commission Court (S382). The First and Second Acts of Uniformity were enacted under Edward VI (S362).

The closing part of Elizabeth's reign marks the revival of parliamentary power. The House of Commons now had many Puritan members, and they did not hesitate to assert their right to advise the Queen on all questions of national importance. Elizabeth sharply rebuked them for presuming to meddle with questions of religion, or for urging her either to take a husband or to name a successor to the throne; but even she did not venture to run directly counter to the will of the people. When the Commons demanded (1601) that she should put a stop to the pernicious practice of granting trading monopolies (S388) to her favorites, she was obliged to yield her assent.

16. James I; the Divine Right of Kings; Struggle with Parliament.

James began his reign by declaring that kings rule not by the will of the people, but by "divine right." "God makes the King," said he, "and the King makes the law" (S419). For this reason he demanded that his proclamations should have all the force of acts of Parliament. Furthermore, since he appointed the judges, he could generally get their decisions to support him; thus he made even the courts of justice serve as instruments of his will. In his arrogance he declared that neither Parliament nor the people had any right to discuss matters of state, whether foreign or domestic, since he was resolved to reserve such questions for the royal intellect to deal with. By his religious intolerance he maddened both Puritans and Catholics, and the Pilgrim Fathers fled from England to escape his tyranny.

But there was a limit set to his overbearing conceit. When he dictated to the Commons (1604) what persons should sit in that body, they indignantly refused to submit to any interference on his part, and their refusal was so emphatic that James never brought the matter up again.