Download - Medieval English Government
The practices of Medieval England are the foundations of many modern legal practices Representative government Habeas Corpus Independent Judiciaries
Medieval Europe Weak monarchies Powerful nobility Mostly agricultural Common people
loyal to local rulers Knights were a
fearsome weapon
Early Modern Europe Stronger
monarchies Weaker nobility Rising importance
of trade Common people
loyal to the king Gunpowder
weapons make knights obsolete
In the 1100’s court decisions were based on local customs and previous ruling which meant that court decisions made in one part of England could be different from another part – This was known as Common Law
King Henry II changed common law Henry appointed royal judges that would
make decisions that would apply all over the country – As a result it was more likely that people all over England would receive equal treatment
The royal judges were meant to be independent from local politics, but not independent from the royal courts
US courts are independent from local governments and most parts of federal government – Independent Judiciaries
In 1199, King Henry’s son, John became king of England
John fought and lost many wars which weakened England financially
John would tax nobles to finance the wars As a result England’s nobility became frustrated
with John’s policies
The nobility told John that he must recognize their rights.
The nobility made a list of 63 rights called the Magna Carta and forced John to sign in 1215
The Magna Carta guaranteed protection under law and trial by jury
It became an example for later democratic developments in England and around the world
For a trivial offence, a free man shall be fined only in proportion to the degree of his offenseAnd for a serious offence correspondingly, but Heavily as to deprive him of his livelihood. No free man shall be seized or imprisoned or stripped of his rights or possessions, or outlawed or exiled…in any other way, nor will Proceed with force against him, or send others To do so except by the lawful judgment of his equals or by the law of the land. To no one will we sell, to now one deny or delay right or justice. - Magna Carta 1215
1264- English nobles removed King Henry III from the throne after he broke an agreement with them
They replaced him with a group called a parliament – which included nobility, high ranking church officials, and representatives from cities and towns
1265 – Edward, Henry’s III son, took power, but he did not get rid of parliament because he needed political support
1295- a parliament was assembled that was widely considered the first representative parliament – Model Parliament
Representatives from every county, district, and city were assembled
By 1307, parliament became an important part of English government
Parliament was and is made up of two houses: the House of Commons, and the House of Lords
Parliament would eventually control taxes and pass laws. This limited the power of the monarchy. Kings could not pass laws or collect taxes without parliament’s approval
Independent judiciaries, cities, rights, and democratic forms of government took centuries to develop
Independent Judiciaries: In many countries the courts are independent
from other branches of government and can make sure there is a balance of power
One legal right that was probably developed in Medieval England is Habeas Corpus: The right people have not to be imprisoned
unlawfully. In modern courts habeas corpus requires authorities to provide legal proof for why a person is being imprisoned
A government elected by the people to represent their interests
Representative government which try to include all members of society is a relatively recent development – Most men in England could not vote until 1800’s, in the US women couldn’t vote until 1920, most African Americans were prevented from voting until the 1960’s.