Prologue Section 3 Democracy Develops in England
Edward the Confessor Dies (one of the last Anglo-Saxon Kings of England)
Some sources say that Edward had promised the throne to his cousin William.
The castle of William, "Château Guillaume-Le-Conquérant", in Falaise, Calvados, France.
On his deathbed he decided to confer it on Harold Godwinson instead.
Duke William of Normandy held fast to his claim to the throne. He took Harold's crowning as a declaration of war.
1066 William the Conqueror (Duke of Normandy in France) invaded England and defeated the Anglo- Saxons at the Battle of Hastings.
Portion of the Bayeux Tapestry
William then claimed the English Throne This set in motion the following: - The end of Feudalism - Centralized government - Development of Democracy
William s descendent Henry II (1154-1189) - Developed Jury trials
Prior to this feudal lords tried court cases
Typically these lords would demand a duel or physically painful ordeal for the accused to be set free.
Now a royal judge would visit each shire once a year and hear cases. 12 jurors (neighbors) would be called forth. These Jurors did not decide guilt or innocence.
William Blackstone as illustrated in his Commentaries on the Laws of England. Legal decisions made by royal justices were used as precedents in new cases. England became unified under a single legal system. This was called Common Law because it was common to the whole kingdom.
The Magna Carta (Great Charter) When Henry II died his son Richard the Lion Hearted assumed the throne.
Richard s brother John followed him.
John fought a costly war with France. Much of England s land holdings were lost. John tried to pay taxes to pay for the war. Conflict arose between the king and the nobles.
In 1215 the Nobles forced John to sign the Magna Carta to guarantee certain traditional political rights.
The Magna Carta forced monarchs to rule accord to law. The Magna Carta had 63 clauses Clause 2 established basic legal rights for individuals. Clause 12 declared that taxes shall be levied in our kingdom only by the common consent of the people. Clause 39 no man shall be arrested or imprisoned except by the lawful judgment of his peers or by the law of the land. The Magna Carta develoepd Due Process of law
Model Parliament House of Commons - Knights and Burgesses
House of Lords Nobles and Bishops
Parliament Grows Stronger Power of the Purse House of Commons begins to equal House of Lords
Conflict with Monarch European kings began claiming Divine Right
Elizabeth I (Last Tudor queen) died in 1603. She was succeeded by the Stuarts.
Stuarts were strong believers in Divine Right. King James VI of Scotland became James I the first Stuart King of England.
Constantly clashed with Parliament over three issues: 1. Puritans 2. Star Chamber 3. Money.
Parliament overthrows the King Charles I (Son of James I) became King in 1625. He asked for money and parliament agrees to lend him money in exchange for his signature on the Petition of Right.
Petition of Right ended: - Taxing without consent - Imprisoning citizens illegally - Housing troops in citizens homes - Maintaining wartime government in peacetime.
Charles consented and then later ignored the Petition of Right.
Charles dismissed the parliament in 1629. Scots invade in 1640.
Charles is forced to reconvene parliament.
In 1642 English Civil War broke out. Royalists v. Antiroyalists
Antiroyalists win under command of Puritan Leader Oliver Cromwell.
Charles was condemned as a tyrant and executed.
Oliver Cromwell developed a Republic entitled The Commonwealth of England that eventually failed.
In 1653 Cromwell dissolved parliament and created The Protectorate. He titled himself Lord Protector. He passed away in 1658.
The Restoration Cromwell s son Richard succeeded him as Lord Protector. He resigned in 1659.
In 1660 a new Parliament restored the monarchy and invited Charles Stuart (Charles II) the son of Charles I to the throne.
Parliament retained its old authority. In 1679 it passed the Habeas Corpus Act. Habeas Corpus is Latin for You are ordered to have the body. When someone is arrested the police must produce the person in court. The person must be informed of what they are being charged with. The court then decides whether or not to hold the accused.
Glorious Revolution When Charles II died in 1685 his son James II became king. James was Roman Catholic and believed in Divine Right.
People hoped that when James died his daughter Mary would become queen. In 1688 James s wife gave birth to a boy.
Parliament withdrew its support of James II. Parliament offered the throne to Mary and her Husband William of Orange (Ruler of the Netherlands).
William invaded England and James fled to France. In 1689 William and Mary were crowned co-rules of England. This was the Glorious Revolution and turning point in English Constitutional History.
England was now a Constitutional Monarchy.
English Bill of Rights 1689 William and Mary of Orange accepted the bill of rights. This limited the monarchs power and guaranteed free speech. Excessive bail and cruel and unusual punishments were forbidden.