Privilege and Statute

Question 1

What happened in the reformation of the Parliament 1530’s.

Answer 1

1. Sovereignty of statute law became well established – laws passed by parliament could only be changed by a future parliament, parliament had the right to pass laws and these laws had to be obeyed by everyone in England.
2. Before 1530s parliament was very much the instrument of the monarch and opposition to the rulers’ policies were very rare.
3. Break from Rome in the 1530s brought about significant change in the importance of statute law, although Cromwell nor Henry wanted to give the impression that the supremacy was given by parliament.
4. Once parliament had been used to create the royal supremacy and break with Rome, subsequent monarchs were forced to return to it whenever they wanted to alter the religious and political settlement enforced in the 1530s.
5. This was the idea that the most powerful institution in the country was the king acting in conjunction with parliament rather than without it – authority over the Church.
6. Reigns of Mary and Elizabeth enforced statute law by going through parliament to make their religious changes – led MPs to believe they were free to discuss religious policy and the succession in parliament.

Question 2

State the Parliaments Rights and Privileges (1530s).

Answer 2

1. Freedom of speech in the Commons – within the Commons chamber it was accepted that MPs would be able to speak freely, but could not talk about parliamentary proceedings outside of the house.
2. Parliamentary managers informed the monarch what was said – tension between commons and monarch and parliamentary freedoms.
3. Parliamentary management meant opposition was rare – crown and noble patronage meant there was always a group of nobles obedient to a powerful patron.
4. 1530s Cromwell introduced by-elections – vacancies filled by chosen individuals by monarch and their ministers.
5. Feudal system meant MPs were usually obedient to their social superiors – Lords and the monarch.

Question 3

What were the challenges faced by Parliament against their Rights and Privileges (1530s)?

Answer 3

> 1555 Mary faced a revolt of MPs who refused to accept a bill which would have confiscated lands of those exiled from England – Sir Anthony Kingston locked the doors to the House and forced the Speaker to take a vote defeating the bill.

> MPs felt their views should be heard on her marriage and succession under Elizabeth – able to suppress debates with the help of Cecil and Walsingham.

> 1576 Wentworth made a speech in parliament attacking Elizabeth’s attempts to control discussions in the Commons – used ideas about parliamentary privilege to attempt to challenge the religious settlement.

> 1593 Commons agreed to a bill that would allow for two subsidies to be raised – told to raise the amount they were prepared to offer, and were angered as they felt it was their sole right to initiate a taxation bill.

Question 4

The extent of change in the relationship between Crown and parliament (1530’s).

Answer 4

1. Increase in number of MPs (302 in 1512 to 462 in 1586) led to the need to ‘manage’ parliamentary business more.
2. As a result of parliament legalising the break with Rome, being called more frequently, it grew in assertive

o 55 MARY: Brief rebellion in 1555 under Mary, but she was still able to reverse the break with Rome.

o 63/66 MARRIAGE: 1563 and 66 they dared to raise the issue of marriage and succession, in return for discussing a grant of taxation.

o 66/76 SPEECH: 1566 and 76 Elizabeth attempted to restrict parliaments freedom of speech, but this was as much to do with asserting her royal prerogative as an attempt to reduce parliament’s power.

o 87 PURITANS: 1587 Elizabeth imprisoned two Puritan MPs, Wentworth and Cope, for their attempts to challenge her religious settlement – demonstrates growing threat of parliament but also the limitations of their power – such men were a radical minority and parliament was ultimately controlled by the monarch.

3. Although relations between the monarchy and parliament deteriorated somewhat in the 1590s, Elizabeth retained control and was able to persuade parliament to do what she wanted.
4. No parliament ever refused a Tudor monarch a grant of taxation – tried to limits amount in 1504 and 1523, or tie it to the discussion of their concerns, such as in 1566.

THE POWER OF PARLIAMENT CERTAINLY INCREASED DURING THE TUDOR PERIOD, BUT IT WAS BY NO MEANS THE MOST POWERFUL INSTITUTION IN THE COUNTRY