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HIST 1001-B Jan 15,2013.docx

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HIST 1001
Hal Goldman

Hist -1001B Lecture 22 • Difference between authority and participation model • Louis XIV believed that his authority came from God • In England, 1603, Queen Elizabeth died after 45 years on the throne, she persecuted Catholics and the protestants • Protestant church in England looked just like the catholic church • James the I, 1603 succeeded Queen Elizabeth, her nephew, she never married • James believed in absolute Monarch, like Louis XIV, thought very highly of himself, saw himself as an intellectual • Firm believer in the divine right of Kings and Kings held all power by their selection of God, their Monarch • Faced wealthy commoners who sat in Parliament • Countries where Kings are relying on mercenaries or paid permanent armies, role of nobility is increasingly diminished • Wealthy commoners want a say on how things are run • Challenge James on religious grounds, they were a threat both politically and religiously • Challenging the King in Parliament, challenged by Sir. Edward Coke • Demonstrated an opening to the English democratic system • Limiting kingly power and the rights of free men • Kings do not hold absolute power -> magna carta • Coke’s fights with the crown show the important role played by courageous non noble but highly educated men • Elevated because of their intelligence • James believed that King’s court was his, the judges should do as he says in a case that involves him or his own interests • Charged with enforcing English constitution with its protection • There are rules where the King as to obey the rules, James thought that he was appointed by God and the courts were owned by him, so the rules did not apply to him • The protection that the courts allowed were not available in the King’s high courts, the Star Chamber (Political offenses) and High Commission (Religious offenses), they could be charged with the protection of King’s • As a high ranking judge, Coke refused to go for the King’s will • James would not tolerate it • Coke used his power as a common law judge to take proceedings outside of star chamber and high commission and took them to the common law courts • Right to issue order bringing them towards Coke -> All the protection and civil liberties were in place • James called all the judges out, said that the King could intervene in any case, Coke disputed the Archbishop of Cantebury and the King • James said he would always protect the common law, but Coke said that the common law protected only the king • James shook his fist at Coke and said that the judgement should be through the law rather than “natural” emotions • Only lawyers know the law • King is subject only under God and the Law • Coke and King argue for years • In 1616, Coke was removed from his high position, he risked his life for an idea, that even the king has limit to their power • By 1620, Coke was now a member as the House of Commons • Charles I succeeded James, like all Monarchs was in need of cash but was afraid to call Parliament because they would air their grievances and protest against him • Have to get parliament’s approval before he could raise taxes • Parliament said that the King would need to do something for them before they would approve of anything • Charles simply has Tax collectors just collect the commoners taxes as if taxes had already went up • With no money to pay the army, he told the commoners to house the soldiers in their homes (also illegal and against the magna carta) • Parliament -> led by Charles, demanded that the King would refrain from illegal imprisonment, illegal raising taxes, etc. • He dissolved parliament afterwards and refused to call parliament for another 11 years • By 1640, out of funds and invaded by Scottish armies, he called Parliament again • Parliament had lots of religious and economic grievances • Charles would not give out what Parliament wanted without giving up his prerogative • Jan. 1642, he tried to get members of parliament arrested, civil war breaks out • On the side of the King was army of cavaliers, made of mercenaries and army • On the side of parliament was protestant dissenters (round heads) and peasants • In 1649, cut Charles’ head off, The roundheads had won • 1649 and 1660, was a puritan era under Oliver Cromwell, only period in which England had no Monarch, wanted a puritan society (no drinking, sports, etc) • After Cromwell’s death in 1658, the English tired of the upheaval in the past 20 years sought to find stability under Charles II (Charles I’s son) • Avoided head on confrontations with parliament • James II sympathetic to Catholicism, but waited until death bed to die • Charles II, they had a son James II, who was
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