A Brief History of British Common Law

The Magna Carta: Fundamental Rights and Liberties from 1225

• Signed in 1225 (Middle Ages) • King John was a tyrant who

alienated everyone: nobles, merchants, peasants, and religious leaders; he was forced to sign a document limiting his power and establishing a government based on the rule of law.

• This document was the “law of the land” in England, and it led to the custom of parliament to put the king’s power in check.

• Due process was a fundamental component of the Magna Carta, and the British Colonists were very aware of their rights under the Crown.

• http://www.youtube.com/watch?v=riUWuTpZfZ0 • King John of England (right) and an English baron

agreeing to Magna Carta. A detail from the bronze doors of the U.S. Supreme Court building, Washington, D.C.

What is Parliament? • English legislature (lawmaking body)

developed over time• Kings would ask for advise from nobles• The inner circle became more

formalized and was called the Great Council

• There was also an informal system of hearing cases and making decisions at a local level

• By 1275, Parliament was more formalized and included elected representatives

• There was no universal suffrage; only wealthy landowners could vote

• During the middle ages, Parliament’s main function was to CONSENT to taxes requested by the king, who usually wanted to money to fight wars

• Parliament became a bicameral legislature (2 houses) – House of Commons (elected) – House of Lords (inherited)

• By 1376, Parliament could impeach the king’s ministers

• By 1414, the king was required to go to Parliament for approval of all laws and acts

• By the 1640’s Parliament was an institution capable of usurping power from the king.

• Parliament demanded rights such as habeas corpus—the principle that a person cannot be held in prison without being charged with a specific crime.

The English Bill of Rights, 1689(JUST SAY NO TO BAD MONARCHS!)

• No royal interference with the law: monarchs cannot establish new courts or act as judges.

• No taxation by royal prerogative: parliament must approve all taxes. • No church courts; only civil courts are legal. • No standing armies in times of peace, unless parliament approves it. • No fear of retribution for petitioning the monarchy. (freedom to petition

the government)• No interference in the people’s right to bear arms. • No interfering with debates and proceedings of Parliament—they can

assemble and deliberate without fear of retribution. • No fines or other forfeitures are allowed before a person is convicted of a

crime. • No cruel and unusual punishment or excessive bail.

125 Years, 13 Schools of Government, All LOYAL TO THE CROWN

Freedom of the Press: The 1735 Trial for Libel of John Peter Zenger

• Libel is the publishing of statements that damage a persons reputation

The Navigation Acts • Mercantilism—economic policy that

held that a nation prospered by exporting more goods to foreign nations than it imported from them

• Colonies were a source of raw materials and a market for British goods

• The first of the Navigation Acts were passed in 1651; the acts helped some colonists because they had a sure market for their goods in England

• As trade expanded, the colonists began to feel that the laws favored British merchants

• Smuggling became a way of life in the colonies in order to gain direct access to foreign markets

• Shipments from Europe to the English colonies had to go through England first

• Any imports from England to the colonies had to come on ships built and owned by British subjects

• The colonies could sell key products, such as tobacco and sugar, only to England

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Colonial Society Brainstorm• You may work alone, with a partner, or

in a group of 3 (MORE PEOPLE = MORE WORK)

• Read Chapter 4 Section 2 carefully for ideas

• Draw your society using simple figures and word bubbles—you are not being graded on art work

• You must have a minimum of 25 people doing 25 things PER PERSON in your group

• Projects are due next Tuesday, but there will not be additional class time to complete them

• Homework: Make flashcards for Chapter 4; if you had an A or B quarter 1, you may choose to be excused from this assignment