Ch. 1.2. Charles I, Civil War, and the Commonwealth (1625-60)

CHARLES I (1625-42): The Coming of Civil War

Conflict with Parliament. Charles not only had his father’s very elevated view of his royal ‘prerogative’ rights, but he was also much less willing to compromise. He expanded his father’s practices of declaring martial law and imprisoning without a jury trial those who refused to pay the taxes he demanded. In response, Parliament in 1628 issued the Petition of Right (authored mostly by Edward Coke), which cited the Magna Carta and set out the principles of the ancient constitution, including the right to consent to taxation, the right to a fair trial (including habeas corpus; see below under Charles II), and the prohibition of using martial law against civilians. Although Charles signed the petition in return for taxes, continuing disputes led him to dissolve Parliament and rule on his own for the next eleven years (1629-40).

 

Religious Policies. Charles’ religious policies added to the political tensions, in two ways. First, in 1625 he married a Catholic, the French princess Henrietta Maria, as part of a short-lived effort to make an alliance with France. Charles allowed her to practice her religion at the royal court and he stopped enforcing anti-Catholic laws—both of which policies were very unpopular. Second, he vigorously persecuted all those Protestants who would not conform to Anglican beliefs and practices. These “non-conformists” consisted mostly of more radical Protestants inspired by Calvinist theology, including Presbyterians, Congregationalists, Quakers, and others. Those who wished to leave the Anglican Church were known as “Dissenters” (including the early settlers known as ‘Pilgrims‘), while those who wanted to reform or “purify” it were called “Puritans.” Many Dissenters and Puritans emigrated to America in these years.

 

THE CIVIL WAR and THE COMMONWEALTH, 1642-60

Civil War, 1642-49. After royal armies were defeated by Scottish rebels, Charles became desperate for money, and in 1640 he recalled Parliament. At first he made several major concessions, but Parliament showed growing independence and demanded more. By 1642 the two sides raised armies and civil war began. The conflict between royalists (“Cavaliers”) and Parliamentarians (“Roundheads”) was made worse by overlapping religious divisions between the more numerous Anglicans and various religious minorities, especially Puritans. Years of intense warfare led to the defeat of the royalists, the capture of Charles in 1646, and his trial for treason and execution in 1649.

 

The Commonwealth, 1649-60. With the king’s execution the monarchy was formally replaced by a republic, known as the Commonwealth (this period is also known as the Interregnum). The Commonwealth soon became dominated by its more radical leaders, most of whom were Puritans, and also by the army. The Puritan army general Oliver Cromwell became essentially a military dictator. Although he refused the title of king, by 1653 he had himself proclaimed the “Lord-Protector” of the Commonwealth. The period of his rule (and then very briefly that of his son Richard) is thus also known as the Protectorate (1653-1659).

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American Legal History to the 1860s Copyright © 2020 by Richard Keyser. All Rights Reserved.

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