Because King Charles II died in February 1685 without a son and heir – without, in fact, any legitimate children from his marriage to Catherine of Braganza – the throne passed automatically to his brother, James Duke of York, who ascended the throne as King James II.
Catholic James was a professed Roman Catholic and a zealous reformer. He wished to lift the multiple legal restrictions which had been placed on his fellow Catholics and, as a balancing gesture, to lift legal constraints on the Puritans and non-conforming Protestant sects. However, within three short years he managed to alienate almost every party and profession in the country, and especially the powerful Whig politicians.
The seven bishops The crisis came to a head over two big issues. First James made the error of trying seven Anglican bishops for seditious libel. To be precise, in April 1688, encouraged by the Quaker leader William Penn with whom he had struck up an unlikely friendship, James re-issued the Declaration of Indulgence first promulgated by his brother, and ordered Anglican clergy to read it in their churches.
When seven Bishops, including the Archbishop of Canterbury, submitted a petition asking the king to reconsider this request, they were arrested and tried for seditious libel, the trial taking place in June 1688. This looked like a full-frontal attack on the Church of England which was, by now, central to almost everybody’s concept of the English political system.
A Catholic son Secondly, his Catholic wife, Mary of Modena, who he had married in 1673, bore him a Catholic son and heir, James Francis Edward, on 10 June 1688. Now, when James’s only possible successors had been his own two Protestant daughters – Mary and Anne – from his first marriage to Anne Hyde (who had died in in 1671) most Anglicans could put up with James’s pro-Catholic policies in the belief that they were a temporary aberration from what was essentially a Protestant succession. But the young prince’s birth at a stroke made it seem likely that Britain would become a Catholic dynasty and that the unpopular religious policies James was ramming through would become permanent. All kinds of former loyalists began to think again.
The supposititious child And so did the people. Rumours quickly spread about the baby, irrational sometimes hysterical rumours, the most lurid of which was that the baby proclaimed as the Prince of Wales hadn’t been born to Mary of Modena. The rumour went that the royal couple’s actual baby had been stillborn and so a new baby was smuggled into the Palace in a warming pan, purely to satisfy Jame’s dynastic ambitions. It doesn’t make sense, but it can be seen as a fairly simple piece of wish fulfilment: people just didn’t want it to be true that James had sired a Catholic heir.
Prince William Channels of communication between English Parliamentarians and nobles who opposed James and the solidly Protestant William, Prince of Orange (a state of the Netherlands) had been open since the 1670s. William was in fact the grandson of Charles I, being the son of Charles’s daughter, Mary and so, before the birth of the baby, had been third in line to the throne. And he had himself married his cousin, James II’s daughter by from his first marriage, another Mary who – until the baby was born – had herself been first in line to the throne. In other words William had close blood ties twice over to the English ruling family. James II was his father-in-law.
For these reasons Protestant William’s position as a possible successor to Charles II, instead of Catholic James, had been widely canvased among Whig politicians during the Exclusion Crisis of 1679-81. In the event the crown passed peacefully in 1685 to James but, as he alienated more and more sectors of British society, William’s name began to reappear in political conversations – not as a direct replacement, but maybe as some kind of regent or protector, nobody was quite sure what.
William the defender What Kishlansky’s account brings out that William was totally aware of all these developments in England and their implications for him. And not just for himself, but for his country. Since he turned of age William had played a key role in the Netherlands’ ongoing resistance to King Louis XIV of France’s ambitions to seize its territory. From the Exclusion Crisis onwards he was alert to the possibility that England, with its great wealth, its army and its powerful navy, might, in some form, come under his control. But how? What form would it take?
Thus William had well-placed spies and ambassadors in London who not only kept him informed of events but acted as propagandists for his cause, promoting him as a defender of Protestantism and traditional English liberties against the Francophile, Catholic James.
The Immortal Seven All these tendencies crystallised in the sending of a letter to William, on 30 June 1688, jointly signed by a group of seven Protestant nobles and clerics which invited the Prince of Orange to come to England with an army. In fact William and the dissidents had been discussing what constitutional or legal forms could be used to justify his invasion since April the previous year. The letter of invitation wasn’t a spontaneous gesture but a carefully calculated contrivance agreed by both sides.
The letter The letter asked William, who was a nephew and son-in-law of James II, to use military intervention to force the king to make his eldest daughter, Mary, William’s Protestant wife, his heir. The letter alleged that the newborn prince was an impostor. The letter told William that if he landed in England with a small army, the signatories and their allies would rise up and support him. The Invitation reprised the grievances against King James and repeated the widely held claim that the king’s son was ‘supposititious’ (the technical term for fraudulently substituted). The letter then went on to give advice about the logistics of the proposed landing of troops.
The courier It was symbolic of the widespread disaffection throughout the English military and navy that the message was carried to William in The Hague not by a spy or diplomat but by Rear-Admiral Arthur Herbert (the later Lord Torrington) disguised as a common sailor, and identified by a secret code. It was also importantly symbolic that the seven signatories (who became known as ‘the Immortal Seven’) were not all dyed-in-the-wool opponents: five were Whigs, but two were Tories, traditionally the party of the Court.
Louis offers help By September it had become clear that William planned to accept the invitation and to ‘invade’ England. Louis XIV could see this, too, and he offered James French support, but James a) thought his own army would suffice b) didn’t want to become even more unpopular by inviting French Catholic troops onto English soil. He also c) couldn’t believe that his own daughter, Mary, would conspire against him.
Defections What he hadn’t anticipated was that when William did finally arrive with his Dutch army, landing at Brixham in Devon on 5 November 1688, many Protestant officers would defect from his army and join William, as did James’s younger, unmarried daughter, Anne.
James runs away James had joined his army in Salisbury preparatory to marching south-west to engage William who had made his base at Exeter but, as key commanders and their troops defected, he lost his nerve and took horse back to London. On 11 December James tried to flee to France, first throwing the Great Seal of the Realm into the River Thames. He was captured by local fishermen in Kent hunting for just such fleeing Catholic priests and officials, but released and placed under Dutch protective guard. But William didn’t want to try or officially dethrone James, that would cause all kinds of complications and remind everyone of the execution of Charles I – it was much more convenient to occupy a throne which had been vacated – in other words to create the convenient fiction that James had abdicated of his own free will.
And so William let James escape on 23 December and take ship to France, where he was received by his cousin and ally, Louis XIV, who offered him a palace and a pension.
James’s Catholic crusade
What Kishlansky’s relatively brief chapter on James’s reign brings out, that I’d forgotten, is the astonishing speed and thoroughness with which James tried to recatholicise England.
The Duke of Monmouth’s rebellion In 1685, soon after Charles’s death, James’s opponents in exile conceived a large-scale invasion of Britain, with a landing in Scotland to raise Protestants who had suffered under the Stuarts, and one in the West Country. The Scottish rising under the Earl of Argyll failed to materialise but Charles II’s oldest and most charismatic son, James Duke of Monmouth, landed in the West Country and raised a large army which gathered support as it marched towards Bristol. James dispatched an army to the West of England which massacred the rebel army at the Battle of Sedgmoor on 6 July 1685. But what Kishlansky emphasises is that James ensured that as many officers as possible in the winning army were Catholics.
It’s a stock A-level history question to ask why the English establishment and army gave James their full support when he crushed the Monmouth rebellion in the summer of 1685 and yet just three years later, abandoned him in droves and let him be overthrown?
Recatholicising policies The answer is simple. In the summer of 1685 the nation as a whole didn’t yet know what to expect from James, but three short years later, they had learned the scale and thoroughness of his Catholicising ambitions. Just some among James’s many recatholicising policies include that he:
- allowed the creation of Catholic seminaries in London, sent a message to the pope and supported newly-established Catholic presses in London and Oxford
- set priests to convert his leading ministers and daughter Anne and sent one to convert Mary in the Netherlands
- replaced half the royal judges with Catholics
- appointed four Catholics to the Privy Council and composed an inner council including his Jesuit confessor
- this council set about trying to retire JPs across the land and replace them with Catholics
- Catholic officers were drafted into the militia and into the standing army
- the two universities had Catholic officials imposed on them and when the fellows of Magdelen College Oxford refused to accept a Catholic warden, he had them all sacked and replaced with Catholics
- he sent the Catholic Tyrconnell to be lieutenant-general of the Irish army and he immediately set about purging the army of Protestants; hundreds of Protestant gentry fled
- insisted the bishops restrain anti-Catholic preaching by vicars under their charge, and set up a commission to charge Anglican officials who didn’t carry this out
All this by the end of 1686. In 1687:
- London was stripped of Anglican aldermen, militia captains and members of livery companies
- all Lords Lieutenant were issued three questions to ask potential JPs which required the latter to support repeal of the Test Acts
The Dissenters do not rally Throughout his aggressive recatholicisation, James had hoped that the many Dissenters and Non-conformists who had been persecuted under Charles’s long reign would welcome change and religious toleration. But they didn’t. The Dissenters James was counting on to help him remained largely silent. He underestimated the strength of their enmity to Catholicism, with its devotion to a foreign pope and its overtones of political absolutism.
The Anglicans weary James also took it for granted that his Anglican subjects would passively obey him, and so they did, to begin with… but ultimately he miscalculated the extent of their tolerance, building up reservoirs of opposition at every level of the political system.
James tries to engineer a supportive Parliament Then, in November 1687, the public learned that Mary of Modena was pregnant. James redoubled efforts to set up a compliant parliament by sending commissioners to check the loyalist character of its electors around the country. More Tories were put out of their seats and replaced with Catholics or dissenters. He used whatever expedients he and his ministers could devise to ensure the selection of a parliament compliant to the recatholicising project.
The Declaration of Indulgence So it was against this background that James reissued the Declaration of Indulgence and ordered it to be read in every Anglican pulpit, that the seven bishops petitioned for this order to reconsidered and James, a man in a tearing hurry, had them tried for seditious libel, an extraordinary proceeding. They were acquitted by a London jury.
Considered in this much detail, it’s hard to see James’s policy as anything other than a thorough and concerted attack on the Church of England and Anglican belief at every single level of society.
William of Orange’s plans
William the defender Meanwhile, Kishlansky goes into just as much detail about William of Orange’s position and aims. William, born in 1650, was a Protestant prodigy whose sole aim in life was to protect the Netherlands from the France of Louis XIV. Ever since he had married James II’s daughter, Mary, in 1677, England had played a part in his diplomatic calculations, and Dutch ambassadors and propagandists had been at work for some time presenting himself as a friend, and possibly saviour, of Protestant England.
William’s awareness He had watched the political crises at the end of Charles II’s reign, the Popish Plot and Exclusion Crisis, with a canny eye, looking for his best advantage. Thus, as he saw James’s government set about alienating everyone in England and important factions in Ireland and Scotland, William was constantly aware of its impact on him and his wife, and on her and his succession to the throne.
The geopolitical threat The birth of the Prince of Wales not only pushed him and his wife further down the order of succession, it helped to crystallise the real geopolitical threat the Low Countries faced. Louis XIV was again making belligerent noises and informed sources expected him to make a renewed attack on the Netherlands in 1689. Like his brother before him, James was a confirmed Francophile and was actually on the payroll of Louis XIV, who was subsidising his government.
Thus the situation for William was one of cold political realities: he needed to neutralise England by any means necessary in order to avoid an attack not just by France, but France in alliance with England.
William had been in touch for some time with opponents of James’s regime in England who had developed a network of dissidents and gauged the extent of opposition, not just in political circles but, crucially, in the army and navy – and the birth of the Prince of Wales triggered action on both sides.
William suggests the letter It was William who actively asked the seven leading British political figures to write him a letter and suggesting the subject, making it an invitation to him to come and investigate a) the circumstances of the birth of James’s son and heir and b) to protect English liberties.
Even so it took four long months for William to mount an amphibious landing on England’s shores, and this period was long enough for James to discover what was being planned.
James suddenly reverses direction In Kishlansky’s account it is almost comic the way that James, suddenly realising how many people he had alienated, set out on a charm offensive to rebuild his reputation. He suddenly announced that no Catholics would be allowed to sit in the upcoming parliament. He restored the bishop he had suspended and abolished the hated Commission for Ecclesiastical Causes. He restored all the Anglican fellows he’s sacked from Magdelen College. He abrogated all the charters on cities and boroughs since 1679, which had the effect of reinstating Tory Anglican mayors, aldermen and councillors. In the counties Tory lords lieutenant and JPs were reinstated.
William of Orange’s declaration It was too late. In October William published a declaration in which he announced he planned to come to England in order to preserve and maintain the established laws, liberties and customs’ of the nation. Another plank of William’s strategy was to be claiming to defend the hereditary rights of his wife, Mary, as one in line to the throne, by investigating the alleged ‘supposititious’ birth of the Prince of Wales. In other words, his declaration carefully laid out a suite of arguments designed to appeal to Tories and traditionalists.
William’s invasion fleet William assembled a huge invasion fleet, 500 ships carrying 20,000 of his best soldiers and 5,000 horses. He warned supporters to expect him on the North or West but let himself be guided by the wind which carried him down the Channel (and kept the English fleet in harbour) making landfall at Brixham in Devon on 5 November, an auspicious day for Protestants. It took two weeks to disembark his army which he marched to Exeter.
James’s army On 17 November James left London for Salisbury where his own army was encamped. On paper he commanded 25,000 men and could expect local militias to supply at least as many again. On paper, it looked like things were heading towards an epic battle to decide the future of England. But there was no battle.
James panics As soon as he arrived at Salisbury, James’s nerve broke. He suffered from insomnia and nosebleeds. He decided his army wasn’t large enough. Two of his most senior commanders defected. On 23 November he returned to London to discover his other daughter, Anne, had deserted him and gone to the Midlands, where insurgents for William had already taken major towns. His advisers told him to call a parliament and send envoys for peace and to ‘pardon’ William.
Negotiations On the short wet December days the envoys struggled to make William an offer. William’s Whig advisers weren’t, in fact, that keen for a parliament to be called since they needed to time to assure their support around the country. While these negotiations were stuttering forward, all sides were astonished by the news that James had fled London. His last acts were to officially disband his army, destroy the writs required to summon a Parliament, then he threw the Great Seal into the Thames i.e. James did everything he could to sabotage the machinery of government.
Anti-Catholic riots When Londoners learned James had fled there was an outbreak of anti-Catholic violence with rioters attacking and burning Catholic chapels. And it was now that James, in disguise, was captured by local fishermen in Kent hunting for just such fleeing Catholic priests and officials. After he was recognised, James returned to London where at least some of the crowd cheered his arrival.
William orders James to leave William had begun his march on London and he and his supporters were stymied by this sudden reversal in the situation. After pondering all the alternatives, William sent an order to James to vacate the capital within ten hours, and an escort of Dutch guards to assist him to do so and to accompany him to Rochester.
Second time lucky The great mystery in all of this is why James didn’t stand his ground and rally whatever patriots he could find against what was clearly a foreign invasion. But he didn’t. He meekly went along with the Dutch guard who were given instructions to let him slip away at the first opportunity and now, for the second time, James made an escape to the Kent coast, and this time successfully took ship to France.
What do we do now? At this point the situation became humorous with the kind of comedy we find in the history of human affairs again and again, because – Nobody knew what to do. The Tories would certainly not have welcomed William’s invasion if they had thought of it as such, as a conquest by a foreign prince. The Whigs were William’s natural supporters but were themselves divided, some saying William should place Mary on the throne, convene a Parliament to ratify her succession, and then retire to become merely a king-consort. The more full-blooded Whigs wanted William as king. The leading figure of the day, Lord Halifax, pithily summed up the confusion:
As nobody knew what to do with him, so nobody knew what to do without him. (quoted on page 283)
The Convention Parliament When he arrived in London, William summoned the Lords Temporal and Lords Spiritual to assemble, and they were joined by the privy councillors on 12 December 1688. On 26 December they were joined by the surviving MPs from Charles’s last Parliament, the one he held in Oxford (none from James’s tainted Catholic Parliaments). This assembly in turn summoned the Convention Parliament, consisting of Lords and Commoners, which recommended setting up of a ‘Convention’ to decide a way forward, which was formally opened on 22 January 1689.
The key fact was that nobody wanted civil war or the outbreak of rebellion in either Scotland or Ireland. The solution had to be fast. And so it was that the knottiest problem in English history was solved by the Convention Parliament in just two weeks!
Lords and Tories In the House of Lords some, especially the bishops, wanted a simple restoration of James, the rightful king. Other Tories suggested that William and Mary might rule as ‘regents’ until the death of James II, and then Mary would reign as rightful queen thereafter. William, Mary and Anne all let it be known that they opposed this option, the two women deferring to the male monarch.
Whigs In the House of Commons, Whigs put forward a formula that James had abrogated the contract between a sovereign and his people by abdicating. But 1. the notion that monarchy rested on some kind of voluntary contract between sovereign and people was unprecedented and revolutionary in implication, and 2. it was far from clear that James had, in fact, abdicated. He had been ordered to leave.
Plus 3. the whole point of a hereditary monarchy is that the throne is never vacant: the moment one monarch dies, his or her heir succeeds. Even if James had abdicated, then his son the Prince of Wales automatically became the rightful heir – but nobody at all wanted rule by a baby (referred to by many of the debaters as ‘the brat’, according to Kishlansky). And 4. the notion that abdication created a sort of vacuum which had to be sorted out by the people implied another revolutionary idea – that the people in some sense elected their monarch. An elective monarchy.
Reluctant acceptance Nobody wanted to explicitly say this, as it made a mockery of the fixed hierarchical principles on which the whole of English society rested. But nonetheless, this notion of an agreement by the people to choose a sovereign was the formula which was eventually accepted for the simple reason that the alternative – that the king had been overthrown by an armed invasion – was worse. That idea would legitimise the violent overthrow of the rightful monarch and take everyone back to the constitutional chaos of the 1640s.
Arguments The differing arguments were played out in disagreement between the Commons, which accepted the new reality, and the Lords who held out for significant rewording the Act agreed by the Commons. The deadlock dragged on for days until William, always a busy man, threatened to go back to Holland and leave the English with a broken country.
The Lords capitulated and both Houses passed an Act declaring William and Mary joint King and Queen of Britain.
The Declaration of Rights While the politicians had been arguing, the nation’s top lawyers had been drafting a Declaration of Rights. Like the Act, the Declaration had to be very careful in its language, ambiguous at a number of key moments in order not to alienate the different groupings of Whigs and Tories.
A compromise Like many other constitutional documents (the Magna Carta or the American Constitution) The Declaration of Rights was less a bold statement of timeless principles than a fix-up designed to be acceptable to the largest number of the political nation. As it progressed through drafts, it evolved into a ringing restatement of old and existing laws and liberties, sweeping away James’s innovations, but not proposing anything new.
Even then, the situation called for equivocation. If William had been forced to agree to the Declaration, he would have become in effect an elected monarch and the monarchy and elective monarchy – something which was anathema to most of the bishops and lords and Tories throughout the land.
A tricky coronation William’s coronation had to be accompanied by the Declaration but not dependent on it. Hence the peculiar fact that at William’s more-elaborate-than-usual coronation on 11 April 1689, the Declaration was read out before William was crowned, and he referred to it in the speech after his coronation as embodying the principles for which he had entered the country – but it was carefully made clear that his crowning was in no way dependent on accepting the Declaration. And no-one mentioned abdication or contracts or elective monarchies or anything like that. Shhh.
Muddling through Once again the English had managed their way through a massive constitutional crisis on the basis not of logical principles, but of fudging and mudging, of masking ambiguity and unclarity in robes and orbs and high ceremonial. Was it a triumph of enlightened constitutional principles, or of English pragmatism, or of barely concealed hypocrisy?
However you interpret it, what came to be called ‘the Glorious Revolution’ certainly solved one immediate and pressing problem, but laid up a whole series of longer-term challenges for the future.
Related links
- A Monarchy Transformed: Britain 1603-1714 by Mark Kishlansky (1996) 1 – key features of 17th century England
- A Monarchy Transformed: Britain 1603-1714 by Mark Kishlansky (1996) 2 – the reign of James I
- A Monarchy Transformed: Britain 1603-1714 by Mark Kishlansky (1996) 3 – the reign of Charles I
- A Monarchy Transformed: Britain 1603-1714 by Mark Kishlansky (1996) 4 – the Wars of Three Kingdoms
- A Monarchy Transformed: Britain 1603-1714 by Mark Kishlansky (1996) 5 – the Commonwealth 1649-60
- Political documents of the British civil wars
- A Monarchy Transformed: Britain 1603-1714 by Mark Kishlansky (1996) 6 – the Restoration of Charles II
- Charles II: His Life and Times by Antonia Fraser (1993)
- A Monarchy Transformed: Britain 1603-1714 by Mark Kishlansky (1996) 7 – James II and the Glorious Revolution
Restoration art
Restoration comedies
- The Country Wife by William Wycherley (1675)
- The Man of Mode by George Etheredge (1676)
- The Plain Dealer by William Wycherley (1676)
- The Rover by Aphra Behn (1677)
- The Old Bachelor by William Congreve (1693)
- The Double Dealer by William Congreve (1693)
- Love For Love by William Congreve (1695)
- The Relapse by John Vanbrugh (1696)
- The Provoked Wife by Sir John Vanbrugh (1697)
- The Way of The World by William Congreve (1700)
Political documents of the British civil wars
Political documents of the civil wars
What follows are summaries of some of the key political documents produced between the start of Charles I’s conflict with Scotland in 1637 and the Restoration of Charles II in 1660. Instead of a chronological or thematic approach to the period, this is a different angle from which to consider events, a record of the proliferation of plans and constitutions cooked up by all sides in their attempts to find a solution to the nation’s deep divisions.
Lining them up like this brings out one of the central ideas of Mark Kishlansky’s history of the 17th century, namely the collapse of consensus, the collapse of belief in a central set of political and religious values which characterised the era, and the countless attempts made by different political players to rebuild it.
In the last few documents of the series you can see the realisation emerging that the late-medieval idea of a hierarchical and completely homogeneous society was permanently broken and that only a system which allowed for some measure of tolerance and pluralism could replace it.
The question of just how much pluralism and tolerance could be permitted and society remain, in some sense, united or coherent, remained an open question – in fact, arguably, it’s one of the main threads of British social and political history right up to the present day.
To me what this proliferation of documents indicates is how very difficult it is, once you abandon tradition and precedent, to draw up a new political constitution in a period of crisis. It’s one of the reasons revolutions are so tumultuous. Getting rid of the ancien regime, especially if it’s embodied in one hated ruler (Charles I, Louis XVIII, Czar Nicholas II, the Shah of Iran, Saddam Hussein, Muammar Gaddafi) is relatively easy. Finding a successor system which all the competing factions can unite behind… almost impossible.
Which is why revolutions often become uncontrollable by all except the most ideological, ruthless and uncompromising: Cromwell, Napoleon, Lenin, Ayatollah Khomeini. Or collapse into civil war: Iraq, Libya.
I’m aware that the documents are in a broad range of genres – from constitutions enacted by central government to the manifestos of fringe groups (the Levellers and even more so, the Diggers), from religious oaths to political treaties. A proper study would take this more into account. I am concerned simply to give an indication of a) the sheer number of them b) their range and variety, and – as said above – the way they show how, once a shared consensus has collapsed, it is so very difficult to create a new one.
1638 The Scottish National Covenant
In 1637 King Charles I and Archbishop Laud tried to bring the separate churches of England and Scotland closer together, firstly by the introduction of a new Book of Canons to replace John Knox’s Book of Discipline as the authority for the organisation of the Kirk, and secondly by the introduction of a modified form of the Book of Common Prayer into Scotland. Charles and Laud consulted neither the Scottish Parliament or the Assembly of the Kirk with the inevitable result that the proposals met with outrage from Scots determined to preserve their national and religious identity.
At the first service where they were introduced, on 23 July 1637 in St Giles’s cathedral in Edinburgh, Jenny Geddes flung her prayer stool at the dean as he read from the book, and started a riot. Similar demonstrations took place in churches all across Scotland where the new liturgy was introduced.
This spontaneous protest was soon organised by Presbyterian elders and aristocrats into a campaign of petitions denouncing the Laudian prayer book and the power of the bishops. These coalesced into a committee which drew up a National Covenant to unite the protesters. The Covenant called for adherence to doctrines already enshrined by Acts of Parliament and for a rejection of untried ‘innovations’ in religion.
In February 1638, at a ceremony in Greyfriars Kirk in Edinburgh, large numbers of Scottish noblemen, gentry, clergy and burgesses signed the Covenant, committing themselves under God to preserving the purity of the Kirk. Copies were distributed throughout Scotland for signing on a wave of popular support. Those who hesitated were often intimidated into signing and clergymen who opposed it were deposed. By the end of May 1638, the only areas of Scotland where the Covenant had not been widely accepted were the remote western highlands and the counties of Aberdeen and Banff, where resistance to it was led by the Royalist George Gordon, Marquis of Huntly.
An Assembly was held at Glasgow in 1638 where the Covenanter movement became the dominant political and religious force in Scotland.
In 1643 the objectives of the Covenant were incorporated into the Solemn League and Covenant which formed the basis of the military alliance between the English Parliament and the Scottish Covenanters against the Royalists.
1641 The Grand Remonstrance
A Remonstrance against King Charles I was first proposed by George Digby, MP for Dorset, soon after the Long Parliament assembled in November 1640. The idea was taken up by John Pym in 1641. Pym planned to use it as part of his campaign to transfer control of the armed forces to Parliament by undermining confidence in the King and his ministers and by demonstrating the integrity of Parliament.
The Remonstrance was drafted between August and November 1641 by Pym and his supporters. These included John Hampden, John Glynn, Sir John Clotworthy, Arthur Goodwyn and others who later formed the ‘Middle Group’ that was associated with Pym’s efforts to bridge the parliamentarian ‘War’ and ‘Peace’ parties during the early years of the English Civil War.
The Grand Remonstrance was a long, wide-ranging document that listed all the grievances perpetrated by the King’s government in Church and State since the beginning of his reign. Rather than blaming the King himself, the Remonstrance emphasised the role of bishops, papists and ‘malignant’ ministers and advisers who were alleged to have deliberately provoked discord and division between King and Parliament.
In contrast, the Remonstrance described the measures taken by the Long Parliament towards rectifying these grievances during its first year in office, including the abolition of prerogative courts and illegal taxes, legislation for the regular summoning of Parliament, and a partial reform of the Church. Thus the House of Commons was presented as the true defender of the King’s rightful prerogative, of the Protestant faith, of the privileges of Parliament and the liberties of the people.
In order to continue its work, the Remonstrance called for the setting up of an Assembly of Divines, nominated by Parliament, to supervise ongoing reform of the Church; furthermore, it demanded that the King’s ministers should be approved by Parliament, with the right of veto over those it considered unsuitable.
On 22 November 1641, after a stormy debate that lasted long into the night, the House of Commons passed the Remonstrance by a narrow margin of 159 votes to 148. The King’s supporters who tried to enter a protest were shouted down in a bad-tempered confrontation that almost ended in a riot. Oliver Cromwell is said to have remarked that if the Remonstrance had not been passed he would have sold all he had and gone overseas to America.
Opponents of the Remonstrance, who included Viscount Falkland and Edward Hyde, formed what was, for the first time, a recognisable Royalist party in Parliament. The Remonstrance was presented to the King on 1 December 1641. He ignored it for as long as possible, so Parliament took the unprecedented step of having it printed and circulated in order to rally outside support. On 23 December, the King finally presented his reply. Drafted by Edward Hyde, it rejected the Remonstrance but in reasoned and conciliatory tones calculated to appeal to moderate opinion.
1643 The Solemn League & Covenant
The alliance between the English Parliament and the Scottish Covenanters was sealed with the signing of the Solemn League and Covenant by both Houses of Parliament and the Scottish commissioners on 25 September 1643. It was a military league and a religious covenant. Its immediate purpose was to overwhelm the Royalists, who in 1643 seemed in a strong position to win the English Civil War.
An alliance between Parliament and the Scots was first proposed by John Pym early in 1643. Parliament was anxious to secure military help from Scotland in order to counter Royalist victories in England. The Convention of Estates in Edinburgh favoured the alliance after the discovery of the Earl of Antrim’s conspiracy to bring over an Irish Catholic army to support a projected uprising of Scottish Royalists. However, the Covenanters regarded the alliance principally as a religious union of the two nations. They hoped to unite the churches of Scotland and England under a Presbyterian system of church government.
In August 1643, the four commissioners appointed by the House of Commons arrived in Edinburgh. They were Sir Henry Vane, Sir William Armyne, Thomas Hatcher and Henry Darley. They were accompanied by two clergymen, the Presbyterian Stephen Marshall and the Independent Philip Nye. Although the House of Lords had voted in favour of the alliance, no peers were prepared to go to Scotland to take part in the negotiations. Sir Henry Vane emerged as the leading spokesman of the English delegation.
Both sides were eager to defeat the Royalists so the negotiations proceeded quickly. The Westminster Parliament ratified the new covenant within two weeks of receiving it at the end of August 1643. Certain alterations were made to avoid an immediate commitment to strict Presbyterianism and these were accepted by the Convention of Estates.
The Scots agreed to send an army into England on condition that Parliament would co-operate with the Kirk in upholding the Protestant religion and uprooting all remaining traces of popery. Although it was implied that Presbyterian forms of worship and church government would be enforced in England, Wales and Ireland, the clause was qualified to read that church reform would be carried out ‘according to the Word of God’ – which was open to different interpretations.
Reform of the Anglican church was debated at the Westminster Assembly, but a Presbyterian religious settlement for England was strongly opposed by Independents and others. The settlement that was eventually imposed was regarded as a compromise by the Covenanters.
In January 1644, the Army of the Covenant marched into England to take the field against the Royalists. Parliament decreed that the Covenant was to be taken by every Englishman over the age of eighteen. Although no penalty was specified, the names of those who refused to sign were to be certified to Parliament. Signing the Covenant became a prerequisite for holding any command or office under Parliament until King Charles I made his own alliance with the Scots in 1648.
After the execution of Charles I, Kirk leaders pressed the Solemn League and Covenant on his son Charles II at the Treaty of Breda (1650). However, the defeat of the Royalist-Scots alliance at the battle of Worcester in September 1651 ended all attempts to impose Presbyterianism in England.
1646 The Newcastle Propositions
The Newcastle Propositions were drawn up by the Westminster Parliament as a basis for a treaty with King Charles I in July 1646 after the defeat of the Royalists in the First Civil War. The King had surrendered to Parliament’s Scottish allies rather than to Parliament itself and was held in semi-captivity at Newcastle.
There was resentment among English Parliamentarians that the King was in the hands of the Scots, and tension had increased after an intercepted letter revealed that secret negotiations had passed between the King and the Scots earlier in the year. Fearing that the alliance with Parliament was under threat, the Committee of Estates in Edinburgh instructed the Scottish commissioners in London to consent to Parliament’s proposals, even though they fell short of the Covenanters’ ideals in the settlement of religion.
The Propositions put to the King consisted of nineteen clauses. The main points were:
1647 The Heads of the Proposals
These were a set of propositions intended to be a basis for a constitutional settlement after King Charles I was defeated in the First English Civil War. The document was drafted by Commissionary-General Henry Ireton and Major-General John Lambert. during the summer of 1647 when the Army was engaged in a political power struggle with Presbyterian MPs over the settlement of the nation. The proposals were termed the ‘Heads’ to indicate that they were a broad outline, to be negotiated in detail later.
Although the Army proposals were more lenient than the terms offered in Parliament’s Newcastle Propositions, the King regarded them as too restrictive and rejected them outright. During the negotiations, Ireton and Cromwell lost the support of the Army radicals, who were disappointed that the proposals made no concessions to Leveller demands for a wider franchise, and who criticised the Grandees’ ‘servility’ in their dealings with the King.
Meanwhile, Charles continued his attempts to play off the Army and Parliament against one another. He also began secretly negotiating with a faction among the Scots, which was to lead to the Second Civil War in 1648.
At the Putney Debates (October-November 1647), where the Army Council discussed a new constitution for England, Ireton promoted the Heads of the Proposals as a moderate alternative to the Leveller-inspired Agreement of the People.
Six years later, elements of Ireton’s proposals were incorporated into the Instrument of Government – the written constitution that defined Cromwell’s powers as Lord Protector. The religious settlement proposed by Ireton in 1647 was virtually identical to that finally adopted in the Toleration Act of 1689.
1647-49 An Agreement of the People
The Agreement of the People was the principal constitutional manifesto associated with the Levellers. It was intended to be a written constitution that would define the form and powers of government and would also set limits on those powers by reserving a set of inalienable rights to the people. It would take the form of a contract between the electorate and the representative, to be renewed at each election. The Agreement developed over several versions between October 1647 and May 1649.
Original Draft, 1647 An Agreement of the People for a firm and present peace upon grounds of common right was first drafted in October 1647 when Agitators of the New Model Army and civilian Levellers collaborated to propose an outline for a new constitution in the aftermath of the First Civil War. It was probably drafted by John Wildman though its authorship is not known for certain. Stating that sovereign power should reside in the people of England rather than with the discredited King or Parliament, the original Agreement consisted of four clauses:
Certain constraints were placed on Parliament: it was not to interfere with freedom of religion; it was not to press men to serve in the armed forces; it could not prosecute anyone for their part in the recent war; it was not to exempt anyone from the ordinary course of the law; all laws passed by Parliament should be for the common good.
The proposals were debated at the Putney Debates of October and November 1647 where the Grandees Cromwell and Ireton tried to curb Leveller extremism, particularly over a proposal to extend the franchise to all adult males. Parliament denounced the Agreement as destructive to the government of the nation and ordered Fairfax to investigate its authorship. Attempts to gain wider Army support for the Agreement at the Corkbush Field rendezvous were forcibly suppressed by the Grandees.
The Whitehall Debates, 1648-9 During 1648, civilian and military supporters of the Agreement continued to debate and refine its proposals. The Armies Petition or a new Engagement was drafted by a group of Agitators at St Albans in April 1648 and was published in tandem with a related civilian broadside, A New Engagement, or Manifesto. These documents expanded upon the original Agreement to include more specific proposals for legal and economic reform.
After the King’s defeat in the Second Civil War, John Lilburne promoted an extended version of the Agreement which was discussed by a committee of Levellers, London Independents, MPs and army Grandees at Whitehall in December 1648. These discussions took place in the aftermath of Pride’s Purge when the King’s trial was imminent.
Lilburne wanted to secure Parliament’s acceptance of the Agreement before the King was brought to trial so that the trial would have a basis in a legitimate and legal constitution. However, Lilburne and his colleague Richard Overton walked out of the discussions when Army officers led by Henry Ireton insisted upon making further modifications to the Agreement before it was presented to Parliament.
The discussions continued in Lilburne’s absence. While Ireton appeared to make concessions to the Levellers over the franchise, it is probable that he was playing for time to distract the Army Levellers while preparations for the King’s trial went ahead. The revised Agreement was finally presented to the House of Commons as a proposal for a new constitution on 20 January 1649, the very day that the public sessions of the High Court of Justice began. As Ireton had calculated, MPs postponed discussion of the Agreement until after the trial, and it was never taken up again by Parliament.
Final version, May 1649 The Grandees’ modification of the Agreement of January 1649 was the Army’s last official involvement in its evolution. However, Lilburne and the civilian Levellers regarded Ireton’s intervention as a betrayal and continued to refine their proposals. A fully developed version of the Agreement – An Agreement of the Free People of England, tendered as a Peace-Offering to this distressed Nation – was published in May 1649, signed jointly by John Lilburne, Richard Overton, William Walwyn and Thomas Prince. Its proposals included:
The final version was published after the Leveller leaders had been imprisoned by order of the Council of State and a few weeks before the suppression of the Army Levellers at Burford on 17 May 1649, after which the Leveller movement was effectively finished.
1648 The Army Remonstrance
The Remonstrance of General Fairfax and the Council of Officers was a manifesto adopted by the New Model Army in November 1648 to justify its intention to abandon treaty negotiations with King Charles and to bring him to trial as an enemy of the people. Although it was issued under the authority of Fairfax and the Council of Officers, the Remonstrance was primarily the work of Henry Ireton.
In September 1648, Parliament opened negotiations for a settlement with King Charles at the Treaty of Newport. However, Army radicals demanded that the negotiations should be abandoned and the King brought to justice for inflicting the Second Civil War upon the nation.
Ireton wrote to General Fairfax proposing that the Army should purge Parliament of MPs who supported the Treaty. After Fairfax rejected the proposal, Ireton began drafting the Remonstrance. Several petitions from radical regiments demanding justice against the King were presented to Fairfax during the following weeks, possibly under Ireton’s direction. Under pressure from the radicals, Fairfax agreed to call a meeting of the General Council of the Army at St Albans to discuss the situation. In contrast to the Putney Debates of the previous year, representatives of the common soldiers were excluded from the discussions.
The General Council convened in St Albans Abbey on 7 November 1648. After discussion of the petitions and general grievances of the soldiers, Ireton presented the draft of the Army Remonstrance on 10 November. It was initially rejected by Fairfax and the moderate officers but their opposition evaporated after 15 November when the House of Commons voted to allow the King to return to London on completion of the Newport Treaty and to restore his lands and revenues.
Fearing that Parliament intended to grant an unconditional restoration, the Army united behind Ireton’s Remonstrance. After some last-minute amendments to ensure the support of the Levellers, the Remonstrance was adopted by the General Council on 18 November 1648.
Under the maxim salus populi suprema lex (‘the safety of the people is the supreme law’), the Remonstrance proclaimed the sovereignty of the people under a representative government. Divine providence would prove the righteousness or otherwise of the government’s actions, and would also thwart unjustified rebellion against authority. Thus, the defeat of King Charles in the Second Civil War vindicated the actions of the Army as the defenders of the people. It was argued that the King should be brought to account because he had broken the sacred covenant with his people and attempted to place himself above the law.
The Remonstrance also proposed a set of Leveller-inspired constitutional reforms, including the possibility of an elective monarchy. Parliament was to set a date for its own dissolution, to be followed by annual or bi-annual Parliaments elected on a reformed franchise. There was to be a written constitution with a declaration of parliamentary authority over the King and Lords. All office-holders, including the monarch, were to subscribe to the Levellers’ Agreement of the People.
A delegation of officers headed by Colonel Ewer presented the Remonstrance to Parliament on 20 November. After an initial flurry of opposition led by William Prynne, Parliament postponed further discussion until treaty negotiations with the King at Newport were completed. Meanwhile, the Army moved its headquarters from St Albans to Windsor. On 28 November, the General Council of the Army resolved to march into London. With Parliament still refusing to discuss the Remonstrance and apparently intent on implementing the Treaty of Newport, Ireton initiated the train of events that led to Pride’s Purge in December 1648.
1649 England’s New Chains Discovered
On 26 February one of the leading radicals in the army, John Lilburne, published this attack on the new Commonwealth, in which he asserted the illegality of the High Court of Justice, the Council of State (which, he pointed out ,rested solely on the diminished or Rump Parliament) and the Council of the Army, which he accused of having become an instrument for the rich officers against the rank and file.
His agitation did not go unnoticed. In March 1649, Lilburne and other Leveller leaders were arrested. In October, Lilburne was brought to trial at the Guildhall, charged with high treason and with inciting the Leveller mutinies. He conducted his own defence, during which he raised strong objections to all aspects of the prosecution and quoted directly from Sir Edward Coke’s Institutes, or commentaries on the laws of England. The jury found Lilburne Not Guilty, to enthusiastic cheers from crowds of his supporters and well-wishers.
April 1649 The True Levellers Standard Advanced
This was the manifesto of the splinter group of Levellers who decided to put theory into practice and claimed a patch of common land near Weybridge in Surrey and began digging it. It was written by their leader Gerard Winstanley who has gone down as a hero to Marxists and left-leaning liberals. They thought all hierarchy should be abolished, wealth should be redistributed to abolish poverty, that the land was a common treasury and all the land parcelled out to households who would have equal rights to cultivate them and share the proceeds. As a result they were nicknamed the Diggers. Within months they’d been driven from the original site by the local landowners, and attempted their communal experiment in various other locations until fading away.
1650 The Treaty of Breda
After the execution of Charles I in January 1649, the Scottish Parliament proclaimed his son the new king, Charles II. However, the government of Scotland was dominated by the covenanting Kirk Party, which was determined that Charles should take the Covenant and agree to impose Presbyterianism throughout the Three Kingdoms before he could be crowned King of Scots or receive Scottish help to regain the throne of England.
Initial negotiations between Charles and representatives of the Scottish government were held at The Hague in March 1649 but broke down because Charles did not accept the legitimacy of the Kirk Party régime. However, his hopes of using Ireland as a rallying ground for the Royalist cause were thwarted by Cromwell’s invasion in August 1649. Various European heads of state offered sympathy but no practical help for regaining the throne, so Charles and his council were obliged to call for another round of negotiations with the Scots.
Negotiations between Charles II and a delegation of Scottish commissioners opened at Breda in the Netherlands on 25 March 1650. Aware of Charles’ desperate situation, the demands made by the Scottish Parliament were harsh:
Bad-tempered wrangling continued through March and April. Charles tried to gain concessions that would allow a reconciliation with the Engagers, who were excluded from office in Scotland by the Act of Classes. He would not impose Presbyterianism in England nor would he annul the Irish treaty. But to the dismay of English Royalists, Charles finally agreed to take the Oath of the Covenant. Other contentious issues were to be discussed upon his arrival in Scotland. He signed the Treaty of Breda on 1 May 1650 and took the Covenant immediately before landing in Scotland on 23 June 1650.
Charles then led a Scottish army into England which was comprehensively crushed at the Battle of Worcester on 3 September 1651, the final engagement of the war in England which had started in 1642. Charles escaped the battlefield and was on the run for 45 days till he managed to take ship to France and nine years of exile.
1653 The Instrument of Government
England’s first written constitution, the Instrument of Government was a constitutional settlement drafted by Major-General John Lambert during the autumn of 1653 and adopted by the Council of Officers when the Nominated Assembly surrendered its powers to Oliver Cromwell in December.
Lambert’s original intention had been that the old constitution of King, Lords and Commons should be replaced by one of King, Council and Parliament. In discussion with a few trusted advisers after the abdication of the Nominated Assembly, Cromwell amended the Instrument to avoid reference to the royal title, which was likely to be unacceptable to the Army.
Under the terms of the Instrument of Government, executive power passed to an elected Lord Protector, in consultation with a Council of State numbering between thirteen and twenty-one members. Cromwell was declared Lord Protector for life, though it was stressed that the office was not hereditary. He was required to call triennial Parliaments consisting of a single House of 400 members from England and 30 each from Scotland and Ireland, to remain in session for at least five months.
Parliamentary constituencies were re-arranged in an attempt to lessen the influence of the gentry in favour of the emerging middle class who, it was hoped, would be more inclined to support the Protectorate government. The number of MPs from towns and boroughs (where voting was traditionally influenced by the local gentry) was significantly reduced and representation of the universities was limited. To balance the representative, the number of MPs from the counties was correspondingly increased.
In a direct repudiation of Leveller ideas, the county franchise was restricted to persons with land or personal property valued at £200 or more. The borough franchise remained with aldermen, councillors and burgesses. Furthermore, Roman Catholics and known Royalists were declared ineligible to vote or seek election.
Under the Instrument, Parliament was charged with raising revenue for establishing and maintaining a standing army of 10,000 horse and dragoons and 20,000 foot for the defence of England, Scotland and Ireland.
Liberty of worship was granted to all except Roman Catholics and those guilty of ‘licentiousness’ (i.e. the extreme sectarians).
The Instrument of Government was England’s first written constitution. It was adopted by the Council of Officers on 15 December 1653 and Cromwell was installed as Lord Protector the next day. The First Protectorate Parliament duly assembled on 3 September 1654. However, the abrupt termination of Parliament in January 1655 meant that MPs never finished revising the Instrument of Government and so it was never legally endorsed. Doubts regarding its legal authority led to the resignation of the Lord Chief Justice Henry Rolle in June 1655.
The Instrument was superseded in 1657 by the Humble Petition and Advice.
1657 Humble Petition and Advice
The Humble Petition and Advice was a constitutional document drawn up by a group of MPs in 1657 under which Lord Protector Oliver Cromwell was offered the Crown. It represented an attempt by civilian Parliamentarians to move back towards traditional forms of government after the imposition of various army-led constitutional experiments, in particular the unpopular Rule of the Major-Generals.
The offer of the Crown was intended to limit Cromwell’s power rather than extend it, because as King his power would be defined by precedent. The Humble Petition aimed to legitimise the constitution since it came from an elected Parliament, unlike its predecessor the Instrument of Government.
The first version of the Humble Petition was known as the Humble Address and Remonstrance. It was drafted by a small group which included Lord Broghill, Edward Montagu and Oliver St John. The Remonstrance was brought before the Second Protectorate Parliament on 23 February 1657 by Sir Christopher Packe, a former lord mayor of London. It included proposals for the re-introduction of a second House of Parliament and for the establishment of a national church regulated by a Confession of Faith, but its most controversial proposal was that the Protector should be invited to assume the office and title of King.
This proposal was supported by most lawyers and civilian MPs but was fiercely opposed by Major-General Lambert and other army officers as well as by republicans and religious radicals.
Cromwell agonised over the decision for several months and finally declined the offer of the Crown on 8 May. A revised version of the proposal, which avoided reference to the royal title, was adopted on 25 May. Cromwell was re-installed as Lord Protector in a ceremony still reminiscent of a royal coronation on 26 June 1657.
Under the new constitution, Cromwell was to remain Lord Protector for life and could now choose his own successor. He was required to call triennial Parliaments which were to consist of two chambers: the elected House of Commons and a second chamber, or Upper House (referred to only as the ‘other house’), of between forty and seventy persons nominated by the Protector but approved by Parliament. The Upper House was intended to mediate between the Lower House and the Protector. It had the right to veto any legislation passed in the Lower House and was roundly condemned by republicans as too reminiscent of the old House of Lords. The Council of State was to become the Protector’s privy council, consisting of 21 members chosen by the Protector and approved by Parliament.
After the Instrument of Government, the Humble Petition and Advice was England’s second – and last – written constitution. It differed significantly from the Instrument in that it was drawn up by civilian parliamentarians rather than by army officers and also in that it was legally endorsed by Parliament. It remained in force throughout the remainder of the Protectorate of Oliver Cromwell and during the brief jurisdiction of his successor Richard Cromwell.
1660 The Declaration of Breda
This was a manifesto issued in April 1660 by the exiled Charles II in which he outlined his initial terms for the Restoration of the monarchy. The Declaration was drawn up by Charles himself and his three principal advisers, Sir Edward Hyde, the Marquis of Ormond and Sir Edward Nicholas.
In March 1660, shortly after the final dissolution of the Long Parliament, General George Monck entered into secret negotiations with Charles’ representative Sir John Grenville regarding the possibility of the King’s return to power. Grenville was authorised to offer Monck high office in return for his help, while Monck himself claimed to have always been secretly working towards the Restoration – a view that came to be widely accepted later.
Monck’s terms were geared primarily towards satisfying the material concerns of the army:
Following Monck’s advice to move from Spanish territory to Breda in the Protestant Netherlands, Charles and his principal advisers prepared a conciliatory declaration that touched upon the major issues of indemnity, confirmation of land sales and the religious settlement. A free pardon and amnesty was offered to all who would swear loyalty to the Crown within forty day of the King’s return.
However, Charles skirted around all points of contention by referring the final details of the Restoration settlement to a future Parliament. Charles was aware that any legislation passed by the forthcoming Convention Parliament would have to be confirmed or refuted by a later Parliament summoned under the King’s authority, and that the blame for inevitable disappointments in the Restoration settlement would then be borne by Parliament rather than by the Crown.
Smart thinking.
The Declaration was signed by Charles on 4 April 1660. Copies were prepared with separate letters to the House of Lords, the House of Commons, the army, the fleet and the City of London. Monck was offered a commission as commander-in-chief of the army. When Sir John Grenville delivered the Declaration to the newly-elected Convention Parliament on 1 May, both Houses unanimously voted for the Restoration.
Sources
The period 1649 to 1658 is covered by pages 189 to 212 of A Monarchy Transformed: Britain 1603 – 1714 by Mark Kishlansky. I’ve also sourced information from Wikipedia. But the main source for a lot of this information was the excellent British Civil Wars, Commonwealth & Protectorate website, which covers all aspects of the subject and includes really excellent maps.
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Posted by Simon on August 30, 2020
https://astrofella.wordpress.com/2020/08/30/political-documents-of-the-civil-wars/