3 Historical Development of Human Rights : Developments Between 1215 and 1689

Dr. Y S R Murthy

Table of Contents

1. Learning Outcomes

2. Introduction

3. Renaissance movement:

4. Reformation Movement:

5. Dutch Declaration of Independence, 1581

6. Glorious Revolution and English Bill of Rights, 1689

7. Summary

1. Learning Outcomes

• To understand various political, religious and cultural developments during period between 1215 and 1689 in Europe
• To understand the significance of each of these developments and their impact on the development of human rights

2. Introduction

A number of important political, economic, religious and cultural developments took place in the Europe in the centuries following the signing of Magna Carta. Each of them left a deep impact on the development of the notion of human rights, as we understand it today.

3. Renaissance movement:

The term `renaissance’ literally means rebirth. It is used to signify the reawakening or revival of Greek and Roman culture in the 14th and 15th Centuries. There was a great impetus to the study of classical literature in Europe during middle ages through the establishment of Universities in Britain, Italy, Germany and other countries. The printing press and printed publications also contributed to this expansion of intellectual activities and the spread of knowledge. It was a period of discovery of the world and of man. Literature, painting, sculpture, architecture flourished during the Renaissance period. Great discoveries led by Copernicus, Galileo, Ptolemy during this period have proved many long-held religious beliefs wrong.

Blind obedience to authority gave way to critical questioning and inquiry. All these developments have challenged traditional customs and beliefs and weakened the hold of the Church on society to a certain extent. It also contributed to rise of humanism and religious tolerance. This period witnessed scientific inventions, geographical discoveries and growth of material prosperity. It left a rich legacy and contributed to the growth of individualism in Europe.

Renaissance art 1

4. Reformation Movement:

In the 16th Century, the Catholic Church’s authority was challenged following a revolt against abuse of authority, papal taxes and corruption in the Church. The growing capitalist interests not only resented heavy demands made by the Church on national incomes but also opposed them. There was a movement against several doctrines and practices of Roman Catholic Church. Martin Luther led the Protestant Reform movement in the Germany which had counterparts in many countries of Western Europe. There was resentment against the practice of `indulgences’ which meant the remission for a cash payment of temporal punishment for sins already forgiven. In other words, these were assurances given by Church for the reduction of punishment for sins. The protestant reform movement sowed the seeds of modern democracy. Soon the questioning spirit or revolutionary ideals moved from religion to politics.

John Calvin led the Reformation movement in England. He asserted that congregation, not the civil power, the basis of his Church. Calvanism which highlighted austerity, distrust of all ceremony and colour, spread its appeal to many other places. A number of political, economic and religious causes resulted in the reduction of papal authority. These include, among others, rising nationalism, capitalism etc. Renaissance contributed to Reformation movement by spurring a spirit of religious skepticism. Freed from the Church control, education became secularized over a period of time.

The Roman Catholic Church evolved measures to fight the new doctrines through the decrees of the Council of Trent (1545-63). Many of the abuses complained were corrected. The Society of Jesus, founded by Ignatius Loyola, contributed in this effort. The Popes who were in charge during the second half of 16th century followed counter-Reformation policy.

William of Orange 2

5. Dutch Declaration of Independence (1581)

The Netherlands were under the rule of Spain. Arbitrary exercise of power by the Spanish King, Philip IIcaused the revolt. The King deprived the Nobility and the cities of their traditional rights and privileges. Spaniards were appointed in all key public offices. For the sake of religious uniformity, he tried to revive Catholicism at a time when Protestantism has taken a strong root. His acts of forced religious uniformity and inquisitions were resented by the people. The levy of taxes on Netherlands and restrictions on the Dutch traders were further causative factors.

First page of the Act of Abjuration 3

The Act of Abjuration (popularly called as the Dutch Declaration of Independence) was signed on July 26, 1581. The declaration came about as a result of the formation of alliance of several provinces called as the United Province in northern portion of the Dutch Federation. It affirmed the decision made by the States General of the Netherlands pronouncing the independence of the state from the rule of King Philip II of Spain. The declaration laid down the expression of criticism against the rule of the Spanish king holding him responsible for the breach of social contract with his subjects. It was an important anti-colonial struggle in the 16th Century. William of Orange raised a big army and led the war of independence.

The Dutch Declaration of Independence has a great significance in the evolution of human rights. The `Rights of man’ were described in detail in that Declaration which questioned the right of one country to curb the rights and liberties of the people of another country. It led to the establishment of the Dutch Republic. The Dutch Declaration of the Rights of Man inspired the Puritan Revolution, American War of Independence and the French Revolution.

Historical Background

Glorious Revolution and English Bill of Rights, 1689

Tudor Kings rule in Britain from 1485 to 1603 can be regarded as “popular despotism”. After the death of queen Elizabeth in 1603, the Stuart King James I ascended the throne. The policies pursued by the Stuart Kings led to constitutional conflicts. The English Revolution refers to the Civil War during 1642 to 1649 and the bloodless Glorious Revolution of 1688.

The Bill of Rights 1689: An Act declaring the Rights and Liberties of the Subject, and settling the Succession of the Crown.

An Agreement of the People 1647:

In 1647, a group of English political activists called the ‘Levellers’, produced “An Agreement of the People”. It is an important milestone in the development of a set of protected rights in Britain. It set forth a collection of constitutional principles discussed at the famous Putney debates. The Levellers called for liberty of conscience in matters of religion, freedom from conscription and asked that laws “apply equally to everyone: there must be no discrimination on grounds of tenure, estate, charter, degree, birth or place”5. This demand, however, was not immediately met.

The Stuart Kings believed in the theory of Divine Right. According to that theory, the kings are appointed by the God and thus they had a divine right to rule. They could do no wrong and that their actions should not be questioned by anyone. The growing clout of merchants and other traders ensured that these interests became more assertive against the king in the Parliament. The oppressive tactics employed by the Kings further led to violent backlash.

After the struggle for Magna Carta in 1215, the English population again grappled with the tyrannical rule of King James II in the 17th century. The causes for this revolution were both political, economic and religious. The growth of democratic tradition in the English society had led to the dissatisfaction of the masses in the rule of James II. At the same time, the proportion of Protestant Christians had become a majority in England. This majority was increasingly becoming uncomfortable with the patronage of the state to Catholicism. They urged the King to “purify” the state Church of England of certain ceremonies enforced by the Roman Catholic Church. These included, among other things, written prayers, religious images and pictures in the Churches, and instrumental music in the Church services. Some of them advocated the separation of Church from the State and change in government. Several successive Kings opposed these changes. The Puritans enjoyed a good representation in the Parliament which led to frequent quarrels on religious matters.

Petition of Right, 16286

In 1628, the English Parliament prepared the Petition of Right and sent to Charles I as a statement of civil liberties. Upon the refusal by Parliament to finance the king’s foreign policy, the government exacted forced loans and quartered troops in subjects’ houses as an economy measure. These measures were followed by arbitrary arrest and imprisonment for opposing these policies. These acts were greatly resented by the Parliament. The Petition of Right, initiated by Sir Edward Coke asserted four principles:

(1) No taxes may be levied without consent of Parliament,

(2) No subject may be imprisoned without cause shown (reaffirmation of the right of habeas corpus),

(3) No soldiers may be quartered upon the citizenry, and

(4) Martial law may not be used in time of peace.

In order to bolster revenues, King James imposed a number of taxes which were opposed by the Parliament as they were collected without its consent. When the matters came to a head, the Parliament forced the King not to collect any tax without its consent by asking him to agree to a Petition of Rights. In the backdrop of further religious quarrels, Charles dissolved the Parliament. As he did not have sufficient resources to run the government, he was forced to summon another parliament. The new Parliament so summoned forced a series of reforms on him. When he broke those promises, there was a civil war between the King and the Parliament in 1642. Oliver Comwell led the army on behalf of the Parliament and eventually King was defeated in 1649. England was proclaimed as a Republic or commonwealth. Oliver Cromwell was given the title of `Protector’. In 1660, King Charles II became the King at an event called `Restoration’. Charles II and his successor James II, as did many previous kings before them, tried to assert the superiority of the monarchy.

The struggle between the Parliament and the monarch as to who is sovereign persisted. As differences persisted, the Parliament in 1688 invited William of Orange, husband of James II’s daughter, Mary and the ruler of Netherland to become the king. In a bloodless revolution, royal power passed onto William and Mary jointly while the Parliament passed the Bill of Rights. The objective behind the revolution was to establish the supremacy of the Parliament over the monarchy. This event is also referred to as the Glorious Revolution. It was a result of an attempt by a group of English lords to overthrow King James II from the throne. The purpose of the Revolution was realised when the new monarchs accepted the Declaration of Rights along with the throne. The King’s powers were clipped and many powers were passed on to the House of Commons in the British Parliament.

Significance

The English Bill of Rights was signed into law in 1689 and it established the rule of Constitutional monarchy in England which guaranteed individual rights to its citizens. While it was called as the Bill of Rights, the primary focus of this document was to define the relationship between the parliament and the monarchy rather than elaborate on the issue of individual rights. However, it became a source of inspiration for the spread of parliamentary form of democracy throughout the world. The Puritanical Revolution sowed the seeds for greater liberty in religious matters and civil liberty in general.

The English Revolution is significant for many other reasons as well. As a result, the powers of the Parliament, which represents the will of the people, were recognized while powers of the monarch were curtailed. While the King remained constitutional head, real power was bestowed on the Parliament. Movement towards absolute monarchy was reversed in favour of parliamentary form of government. The West Minister model in Britain became a model for many other democratic countries.

The Bill of Rights was significant for a number of other reasons as well. It stipulated that all the future sovereigns of England were to be only Protestants. In the event that William and Mary did not have children, the Bill of Rights laid down that reins will pass on to Anne, sister of Mary, who was also a protestant. Thus, the Glorious Revolution demolished the divine right of Kings to rule in England and succession rights to throne would depend upon the provision made by Parliament and not upon mere hereditary right. To sum up, the following are some important reforms ushered in by the Glorious Revolution:

• Monarchy was dependent on Parliament in matters of appointment, succession.
• Suspension of laws, levying of taxes and raising of an army could be done only with the consent of Parliament
• Trial by jury, right to petition and freedom from excessive fines and punishments of persons accused or convicted of crimes.
• Middle class secured political power and authority in Parliament.
• The Bill of Rights (1689) included: the freedom to petition the Monarch (a precursor to political protest rights); the freedom from cruel and unusual punishments (the forerunner to the ban on torture contained in the international human rights law) and the freedom from being fined without trial. It put the notion of inalienable rights beyond doubt.

Summary:

Renaissance left a rich legacy and contributed to the growth of individualism in Europe. Blind obedience to authority gave way to critical questioning and inquiry. All these developments have challenged traditional customs and beliefs and weakened the hold of the Church on society to a certain extent. It also contributed to rise of humanism and religious tolerance.

Renaissance contributed to Reformation movement by spurring a spirit of religious skepticism. Freed from the Church control, education became secularized over a period of time.The Reformation movement have had many other consequences. A number of political, economic and religious causes resulted in the reduction of papal authority. These include, among others, rising nationalism, capitalism etc.

The Dutch Declaration of Independence, 1581 has a great significance in the evolution of human rights. The `Rights of man’ were described in detail in that Declaration which questioned the right of one country to curb the rights and liberties of the people of another country. It led to the establishment of the Dutch Republic. The Dutch Declaration of the Rights of Man inspired the Puritan Revolution, American War of Independence and the French Revolution.

The English Revolution refers to the Civil War during 1642 to 1649 and the bloodless Glorious Revolution of 1688. The English Revolution is significant for many other reasons as well. As a result, the powers of the Parliament, which represents the will of the people, were recognized while powers of the monarch were curtailed. While the King remained constitutional head, real power was bestowed on the Parliament. Movement towards absolute monarchy was reversed in favour of parliamentary form of government. The West Minister model in Britain became a model for many other democratic countries.

The Bill of Rights stipulated that all the future sovereigns of England were to be only Protestants. In the event that William and Mary did not have children, the Bill of Rights laid down that reins will pass on to Anne, sister of Mary, who was also a protestant. Thus, the Glorious Revolution demolished the divine right of Kings to rule in England and succession rights to throne would depend upon the provision made by Parliament and not upon mere hereditary right. To sum up, the following are some important reforms ushered in by the Glorious Revolution:

• Monarchy was dependent on Parliament in matters of appointment, succession.
• Suspension of laws, levying of taxes and raising of an army could be done only with the consent of Parliament
• Trial by jury, right to petition and freedom from excessive fines and punishments of persons accused or convicted of crimes.

Reference

1. H.A.L. Fisher, History of Europe
2. C.J.H. Hayes, Modern Europe up to 1890
3. G.M. Trevelyan, History of England
4. Dr. K.S.S. Seshan, European Legacies, University of Hyderabad.
5. http://www.kloosterman.be/genealogy-eng/netherlands-history/william-of-orange/
6. http://www.newnetherlandinstitute.org/history-and-heritage/more-historical-fun/dutch-treats/the-act-of-abjuration/
7. https://www.liberty-human-rights.org.uk/human-rights/what-are-human-rights/history-human-rights
8. http://www.humanrights.com/what-are-human-rights/brief-history/magna-carta.html
9. http://www.humanrights.com/what-are-human-rights/brief-history/magna-carta.html