statute law and parliamentary privilege Flashcards
1
Q
statute law
A
- well established in the tudor period
- laws passed by parliament could only be changed by a future parliament
- parliament had the sole right to pass laws ans they had to be obeyed by everyone in England
2
Q
break from Rome 1530s
A
- brought about change to the importance of statute law
- use of parliament to grant royal supremacy (although netiehr cromwell nor henry wanted to act like parliament did do so) set a precendent for future monarchs to refer back to parliament when changing the rekligious settlement of the 1530s - Mary and Elizabeth
- gave parliament power over religious matters as well
3
Q
‘Crown-in-Parliament’
A
- most powerful insitutioj in the realsm was the King/Queen acting in conjucntion with the parliament rather than without it
- Crown in parliament had authority over the Church but the Crown did not
4
Q
parliament’s power overtime
A
- each time a monarch went back to parliament, it gaind more power though it was never more powerful than than the monarch
- parliament gained the right to legislate on religious change and on royal succession by the end of the period
- Led MP’s to believe they were free to discuss religious policy and the succession in parliament even though this was a privilege which Elizabeth tried to deny them
5
Q
Parliament’s rights and privileges
A
- MPs could not be arrested for debt and could not be prosecuted in the lesser law courts while they served as MPs
- freedom of speech - MPs could speak freely as long as they did not mention parliamentary proceedings outside the house
- parliamentary managers - led to potential tension between parliament and the monarchy over the extent of the commons’ freedom
- Thomas More - 1523 - requested Henry 8 to allow MPs to speak freely - request was accepted allowing parliament to restrict the amount of taxation that Wolsey was granted
6
Q
parliamentary managers
A
- placed in the commons by the monarch - informed the ruler of what was being said - led to tensions between the commons and the monarch regarding parliamentary freedoms
7
Q
consequences of parliamentary managers
A
- actual opposition was rare
- patronage meant there was always a group of nobles obedient to a powerful patron
8
Q
by elections
A
- introduced by Cromwell in the 1530s
- when vacancies had arisen during a parliamentary session, they could be filled
- allowed the monarch and their ministers to manipulate who was elected
- eventhough those MPs who werent under patronage were likely to do as they were told due to a natural deference to their social superiors
9
Q
1555 parliamentary revolt
A
- Mps refused to accept a bill which would have confiscated lands from those exiled from england(mostly reformers)
- MPs saw this to be an attack of their landowning rights
- Sir Anthony Kingston (Gloucestershire MP) locked the doors to the house and forced the speaker to take a voter defeating the bill before Mary could gather any additional support
10
Q
parliament under Elizabeth
A
- MP’s felt their views should be heard about her marriage, the succession and religion
- E was usually able to suppress these challenges with the help of Cecil and Walsingham
11
Q
Peter Wentworth
A
- 1576 - made a speech attacking E’s attempt to control discussions in the commons - used traditional ideas of parliamentary privilege to justify his attempts to challenge the religious settlement
- parliament was embarrassed by Wentworth’s outburst and imprisoned him for a month
12
Q
Parliament and taxation under Elizabeth
A
- 1593 - commons agreed to a bill that would allow for two subsidies to be raised but ina meeting w reps of the Lords were told by Cecil that they should reconsider the amount as it was not enough
- MP’s were angered - felt that the commons should have the sole right to initiate a taxation bill and the Lords should not intervene
- MPs felt they represented the maj. of the ppl would would pay sop they should be charge of decisions about taxation
- councillors in the lords managed to calm down the commons and then granted the subsidy that the lords had asked
- demonstrated the increased confidence of the commons - demonstrated th needs for commons to be managed carefully
- parliaments did end up doing what was asked of them though by the end