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WELFARE STATE

Civil War 163

16th centuries, but as the royal NAVY developed, their importance declined.

civil law

A law based mainly on Roman law, distinct from the church (or canon) law similarly derived; also a body of legal rules which it is the duty of the judges to follow and apply to cases before them. Such a pattern characterized Scots law, with its long exposure to continental legal systems; hence various compilations of rules (or “institutes”) were composed in the 17th–19th centuries. These along with subsequent case law form the essence of the Scottish system. In ENGLAND the courts of admiralty followed the law of the sea, deriving from Roman law. Civilian principles were also adopted in ecclesiastical, matrimonial, and equity courts.

See also COURTS OF LAW.

civil service

The modern notion of the civil service is that of a corps of administrators paid by the state, recruited and promoted on merit rather than patronage, with a neutral position in regard to political parties. The civil servant is a servant of the Crown, paid by public funds appropriated by PARLIAMENT. In a sense, the long history of royal administrators is the prehistory of the civil service; in earlier times those were jobs obtained through connections and influence, there was faint distinction between government and private funds, and there was no pretense of political neutrality. In the early 19th century, with rapid growth in government business and the number of jobs, there was also a keen interest in reducing or eliminating corruption. Hence, by 1854 there were serious reforms in recruitment and the establishment of a Civil Service Commission (1855). The number of civil servants grew rapidly in the 19th century: in 1815 there were 25,000 and in 1900 about 80,000. The wars of the 20th century and the appearance of the and widened government

functions increased the numbers nearly tenfold by 1980. At the end of the century the numbers receded to a little over half a million.

Civil War (1642–1650)

In the 1640s the fighting that broke out between CHARLES I and the leaders of PARLIAMENT involved sharp religious differences (the ARMINIAN views of the court and the PURITAN positions of the rebels) and strong disagreement over the constitution (the king perceived his royal PREROGATIVE as above the law, Parliament viewed the government as a shared enterprise). In particular, there was violent dispute over the power of TAXATION (the king used arbitrary expedients such as FORCED LOANs, subsidies, and assessments; Parliament insisted that it alone had a traditional power to tax with the consent of the property owners it represented).

Actual warfare originated in two areas outside ENGLAND: the BISHOPSWARS, in which Scottish invasion triggered English political crisis (1638–39); and the ULSTER rebellion (1641), which forced the question over ultimate control of the ARMY. In the early months of 1642, after Charles had personally entered the HOUSE OF COM- MONS in an attempt to arrest its leaders, Parliament seized royal arsenals. The issue thus drawn, the king took up arms in August 1642. His greatest strength was in the North, whereas the rebels were strongest in LONDON and the South. In October 1642 the royalists advanced toward London, and the first major battle took place at EDGEHILL. There was no decisive result, but the king’s army was prevented from advancing on the capital.

The next year saw a number of successful royalist attacks. Parliament was near defeat, but late in the year an alliance was made with the

Scots (the SOLEMN LEAGUE AND COVENANT)

whereby an army of 20,000 was sent to aid the rebels and Parliament promised to introduce a PRESBYTERIAN church government in England and IRELAND. The Scottish army led the victory over the king’s forces at MARSTON MOOR in 1644, and after rebel losses in the Southwest, Parlia-


164 Claim of Right

ment ordered the English army reconstituted as a NEW MODEL ARMY. No longer would the officers be taken from the aristocracy; army pay was to be reformed, and religious indoctrination was to be introduced. This renovated force was successful at the Battle of NASEBY and other battles in 1645, putting the royalists in retreat.

The king surrendered in 1646 and tried to exploit divisions among his enemies. When the rebel army was disbanded without its full pay, there was a revolt, and the insurgents seized the king and marched on London. In the unsettled circumstances, there was a year or so of unrest, uprisings, and an abortive invasion by yet another Scottish army, this one allied with the king. It was beaten easily, but the threat it represented led to the trial and execution of Charles in 1649.

The king’s death brought the creation of a commonwealth, and it also meant the dispatch of armies to Ireland (1649) and Scotland (1650) to bring those areas under the control of the new government. With victories on those fronts, the battles of the Civil War were over.

See also CROMWELL, OLIVER; LONG PARLIAMENT;

MANCHESTER, EDWARD MONTAGU, EARL OF; MON-

TROSE, JAMES GRAHAM, MARQUESS OF; RUPERT,

PRINCE; ROUNDHEADS; SELF-DENYING ORDINANCE;

WALLER, SIR WILLIAM.

Claim of Right

When WILLIAM III seized power in 1688, a convention of estates (a provisional parliament) was summoned in SCOTLAND, and that body composed a Claim of Right, the equivalent of the BILL OF RIGHTS drawn up in ENGLAND. This was more radical in several respects: it declared that JAMES II had been deposed (instead of abdicating), it abolished the office of BISHOP, and it demanded limits on judicial power. The terms were accepted by William and Mary with the offer of the Scottish crown.

clan

An extended family with autonomous authority over social, political, and military matters, par-

ticularly in the HIGHLANDS of SCOTLAND. Clans drew upon an old tradition of tribal or familial allegiance, and from the later medieval period they were used to maintain order in outlying areas, though they were often associated with disorder. As they evolved, clans included tenants and followers outside the main family group. Their leaders enjoyed special privileges and jurisdictions, owing to the weakness of royal authority. The dominant clan groupings were the Campbells in the West, Mackenzies in the North, and Gordons in the Northeast. As royal power grew, the function of the clan was increasingly restricted, but they continued to be a disruptive force in the circumstances of the 17th century. After the JACOBITE rebellion in 1745, the clans were dismantled by legislation which abolished the heritable jurisdictions, disarmed clansmen, banned the tartan, and forfeited large rebel estates. By 1782 the proscription of the clan tartan was lifted, and a romantic image of clan society was fostered, even as the remnants of some clans were being economically devastated in the

HIGHLAND CLEARANCES.

Clapham Sect

In the London borough of Clapham, a group of EVANGELICAL reformers lived and/or met, among them Granville SHARP, William WILBERFORCE, Zachary Macaulay, James Stephen, Thomas CLARKSON, and the rector of Clapham parish, John Venn. They were instrumental in the ANTI- SLAVERY MOVEMENT, in efforts to send missionaries throughout the empire, and in the formation of societies to distribute BIBLEs and evangelical literature in ENGLAND. They were most influential between 1785 and 1830.

Clarendon, Edward Hyde, first earl of

(1609–1674) lawyer, statesman

Lord Clarendon was an early opponent of royal policy, when in 1640 he challenged the authority of the prerogative courts, but he changed


Clive, Robert 165

sides as the leaders of PARLIAMENT became increasingly radical in their demands. He was a key adviser to CHARLES I during the CIVIL WAR, going into exile in 1646. He drafted The True Historical Narrative of the Rebellion (published 1702–04). He became the major adviser to

CHARLES II before the RESTORATION, and later he

served that king as LORD CHANCELLOR. He was an advocate of toleration, and his views were not really those of the so-called CLARENDON CODE. His daughter Anne Hyde was the first wife of the king’s brother JAMES VII AND II. After the loss of the second DUTCH WAR (1667), Clarendon was impeached and went into exile once again.

Clarendon Code

A series of laws, named after CHARLES II’s first minister Edward Hyde, the earl of CLARENDON. A Corporation Act (1661) limited public office to members of the established church; an Act of UNI- FORMITY (1662) ordered the use of the BOOK OF COMMON PRAYER (2,000 clergy resigned); a Conventicle Act (1664) banned some meetings for religious services; and a Five-Mile Act (1665) banned ministers of dissenting congregations from coming within five miles of their home towns and prohibited them from teaching school.

Clark, Kenneth Mackenzie, baron

(1903–1983) critic

Clark was born into a prominent Scottish threadmaking family, whose members frequented yachting events, sporting estates, and casinos on the Riviera. He studied at Winchester and OXFORD UNIVERSITY and discovered a gift for artistic interpretation. He wrote a classic on Leonardo (1939) and important general works such as

Landscape into Art (1949) and The Nude (1956). His career embraced a wide range of key positions, including director of the NATIONAL GALLERY (1934–46), chairman of the Arts Council of Great Britain (1953–1960), and chairman of the Independent Television Authority (1954–57). He

is best known for his television documentary

Civilisation on the BBC (BRITISH BROADCASTING

CORPORATION) in 1969, which was a powerful achievement in popularizing the history of art.

Clarkson, Thomas (1760–1846) evangelical reformer

Cofounder of a committee for the suppression of the SLAVE TRADE (1787), Clarkson was active in the campaign for abolition. He wrote The History of the Rise, Progress, and Accomplishment of the Abolition of the African Slave Trade by the British Parliament (2 vols., 1808). He served as an officer of the Anti-Slavery Society in 1823 and worked in international campaigns after the abolition of slavery in the British Empire.

See also ANTISLAVERY MOVEMENT.

Clinton, Sir Henry (1730–1795) general

Born in NEWFOUNDLAND, Clinton joined the British ARMY and fought in CANADA and Germany. In 1775 he fought at BUNKER HILL. He subsequently became second in command to General William HOWE and, after John BURGOYNE’s surrender, commander in chief. He had a major victory over the rebels at Charleston, but after the surrender of General Charles CORNWALLIS, he resigned in 1782.

Clive, Robert (1725–1774) soldier

Clive joined the EAST INDIA COMPANY in 1743 as a clerk. He entered the company’s military service in 1751 and captured and defended the city of Arcot. Made governor of Madras in 1756, he led a force which recaptured CALCUTTA in 1757. Having returned to ENGLAND to enter politics in 1760, he was made governor of BENGAL in 1765. He gained great wealth, but made a number of enemies in GREAT BRITAIN, and he had to face a parliamentary inquiry into his affairs in 1772. He committed suicide in 1774.


166 Cliveden

Cliveden

The country home of Waldorf and Nancy ASTOR, Cliveden was the site of gatherings of many of the leading proponents of APPEASEMENT in the 1930s. Their number included Edward Wood, Lord HALIFAX, then the foreign secretary; and other MPs and journalists.

Cobbett, William (1763–1835) radical journalist

Cobbett grew up on a farm in Surrey, served in the army, and tried to expose corruption in his regiment. He was forced to go into exile in France and in America, where he was an ardent defender of GREAT BRITAIN. At this stage he was a TORY, but when he returned to ENGLAND he became increasingly critical of top political figures. His newspaper Political Register (1802–35) attacked privilege and corruption and extolled traditional life. He was imprisoned (1810–12) for seditious libel when he opposed the flogging of militiamen. Regarded as a dangerous radical, he went into exile once more (1817–19). After his return he wrote journals of his travels, published as Rural Rides (2 vols., 1830). As a maverick journalist, he pioneered in the publication of parliamentary debates (1803), but the series was taken over by his publisher, T. C. Hansard, in 1812. He also published Cobbett’s Complete Collection of State Trials and Proceedings for High Treason (38 vols., 1809–28), based on earlier collections and pamphlet literature.

Cobden, Richard (1804–1865) radical politician

The son of a farmer, Cobden became a cloth manufacturer in Manchester. He was a leading advocate of FREE TRADE and a founder of the

ANTI-CORN LAW LEAGUE. He entered PARLIAMENT in

1841 and used his position there and in League meetings to advance his proposals. Robert PEEL gave him considerable credit for the repeal of the CORN LAWS. In 1860 he negotiated the CobdenChevalier Treaty, which reduced French TARIFFs on British industrial imports in exchange for lower British duties on wines, brandy, and silk.

Cockburn, Henry (1779–1854)

Scottish advocate, judge

One of the founders of the Edinburgh Review, Cockburn was a prominent criminal lawyer, became solicitor general for SCOTLAND in 1830, a lord of session in 1834, and judge of the HIGH COURT OF JUSTICIARY in 1837. His posthumously published Memorials of His Time (1856) offers a vivid picture of 19th-century EDINBURGH. His account was continued in the Journal of Henry Cockburn (2 vols., 1874) and Circuit Journeys (1888).

Coke, Sir Edward (1552–1634) lawyer, judge

Elected to PARLIAMENT in 1589, Coke served as

SPEAKER of the HOUSE OF COMMONS (1593) and

held the posts of solicitor general (1592) and attorney general (1594). He conducted the treason trials of Robert Devereux, earl of ESSEX; Sir

Walter RALEIGH; and the GUNPOWDER PLOT con-

spirators (1601–05). He was made chief justice of the Court of COMMON PLEAS in 1606 and later chief justice of the Court of KINGS BENCH, but he was removed from that post in 1616 because of disputes with JAMES VI AND I. He entered parliament again in 1621 and became a leading opponent of royal policy, drafting the PETITION OF RIGHTs in 1628. Coke was a highly influential lawyer and a vigorous supporter of the COMMON LAW against its rival prerogative and civil courts. He published, in law French, Les Reports de Edward Coke (13 vols., 1600–15), and he stamped his imprint on the history and evolution of the common law with his

Institutes of the Laws of England (1628–44).

Coke, Thomas, earl of Leicester

(1752–1842) agriculturalist

Known as “Coke of Norfolk” and “Coke of Holkham,”he used his estate at Holkham Hall as an agricultural exhibit, mostly for improvements already known but made more popular by Coke’s talent for publicity and promotion. Fertilizing with manure or marl; rotating crops (turnips, grain, grasses); and improving breeding practices were


Combination Acts 167

among the methods he advocated, and he encouraged tenants to cooperate by granting them long leases. He held annual meetings at the estate to promote these methods and encourage improved farming (1778–1821). He had a seat in PARLIA- MENT for most of the period from 1776 until 1832.

Colchester, Charles Abbot, first baron

(1757–1829)

Speaker of the House of Commons

Abbot attended Westminster School and Christ Church, Oxford, and then studied law in the Middle Temple. He became a clerk in the court of KINGS BENCH (1794) and a member of PARLIA- MENT (1795). He proposed the first CENSUS of the population in 1800. After serving briefly as chief secretary for IRELAND after the act of UNION in 1801, he was chosen SPEAKER OF THE HOUSE of Commons in 1802. At his retirement he assumed the title of baron Colchester.

Coleridge, Samuel Taylor (1772–1834) poet

Educated at CAMBRIDGE UNIVERSITY, Coleridge printed a political and literary journal, the Watchman, in 1796. In 1798 he and William WORDS- WORTH produced Lyrical Ballads, which included his “Rime of the Ancient Mariner,” and they launched the period of English ROMANTICISM. The two traveled to Germany, where they gave lectures on philosophy and studied German writers; these experiences were reflected in Coleridge’s future work. He wrote a critical study, Biographia Literaria, in 1817; a theological tract, Aids to Reflection, in 1825; and a summary of his latter-day conservatism in On the Constitution of Church and State in 1830.

Colet, John (1467–1519) churchman, humanist

Educated in ENGLAND and in Europe, Colet taught at OXFORD UNIVERSITY from 1498. He met Erasmus in 1499 and was later a patron of the great scholar. Made dean of ST. PAULS CATHEDRAL

in 1504, he refounded the GRAMMAR SCHOOL there in 1509. His views on church reform caused some friction with other clergy. He was made a member of the king’s council in 1516.

Collins, Michael (1890–1922)

Irish revolutionary

Collins fought in the EASTER REBELLION (1916) against British rule in Ireland. He was interned with other rebels, and when he was released he joined the reformed IRISH REPUBLICAN ARMY and became its director of intelligence. Elected a

MEMBER OF PARLIAMENT in 1918, he sat in the DÁIL

ÉIREANN, was finance minister of the provisional government, and was an active guerilla commander. He was alleged to have led a raid that killed 11 British intelligence officers in DUBLIN in 1920, and there was a £10,000 reward for his arrest. A member of the delegation that drew up the ANGLO-IRISH TREATY in 1921, he supported its ratification in 1922. When Eamon DE VALERA and other republicans rejected the agreement, Collins became the first prime minister of the IRISH FREE STATE and the commander in chief of the army. He was killed in an ambush by republicans in County Cork in August 1922.

colony

The authority to establish a colonial settlement and government was conveyed in several different ways. A crown colony was one chartered directly by the sovereign; a proprietary colony was one where the governing authority was vested in an individual or a group of proprietors. Other colonies were created after conquests of foreign settlements, or on the foundation of tradingcompany properties. They all shared the duty to obey the executive authority of the Crown, but they were given varying degrees of local power.

See also AMERICAN COLONIES.

Combination Acts

The “combinations” of workmen, precursors to TRADE UNIONs, were a source of alarm to employ-