How far can we trace our rights of today? For many rights we
can look to the political and legal traditions of England. When settlement
began in the 1600s, English people brought their history of limited and
representative government. England had a
monarchy, a royal king or queen in charge of the nation. These royal families had lots of power. They had ownership of lots of land and lots
of authority. The people had to be loyal
through the payment of taxes and promise of military support.
The Magna Carta
The throne went to King John in 1199. He wasn’t a nice leader and treated the nobles unkind. These people were not very happy and chose to rebel. This rebellion led to the king signing an agreement with the nobles called the Magna Carta or Great Charter. The Magna Carta gave authority to the nobles as well as privileges. All landholders were granted certain rights that would ultimately be granted to all English people. Some of these rights were the equal treatment under the law and trial by one’s peers.
The Magna Carta existed as a contract limiting the power of the throne, guaranteeing that no one could be above the law. Even the king or queen had to seek the approval of the people.
Parliament
King Henry III came to the throne after John. Henry used a group of advisors to meet with concerning the needs of the empire. These men were nobles and church officials. This group would grow in number and power until the late 1300s. It was now to become known as a legislature, or lawmaking body. This body would be known as Parliament.
The English monarchs cooperated with Parliament up until the mid-1600s. Conflict developed and in 1688, Parliament kicked King James II off of the throne and asked his daughter and son-in-law, Mary and William, to begin ruling the kingdom. This action expressed Parliament’s power over the monarchy.
Having William and Mary as rulers was not without difficulty. The English leadership was Protestant up until this time. William and Mary had lived in France and were Catholic. Although they tried not to let their personal religion influence their leadership decisions, it couldn’t be helped. Still, their rise to power was peaceful and became known as the Glorious Revolution. They worked effectively with Parliament and held no more power than that body of legislature.
Parliament drew up the English Bill of Rights in 1689. It claimed that the monarch could not suspend Parliament’s laws, nor create special courts, impose taxes, or raise an army without Parliament’s approval. The English Bill of Rights also declared that Parliament members would gain their position through free elections and have guaranteed free speech during their meetings. This document also granted that all citizens would have the right to a fair trial by jury in court cases and not be subjected to cruel and unusual punishment. What would you consider to be examples of cruel and unusual punishment?
Common Law
England had no written laws in its early days. Most people lived by customs serving as the force of law. When a system of courts came into being, the courts’ decisions became the basis of a body of law. Judges looked for a similar court case that had occurred when they needed to make a decision. This was known as examining a precedent. Considering the earlier case with the current one, the judge would make a consistent ruling.
Precedent and customs formed the practice of common law. Common law rests on court decisions instead or regulations written by lawmakers. This practice worked well enough for England that it is still in practice today. When English settlers came to the Americas, they brought this practice of common law with them. Our laws about property, contracts, and personal injury are rooted in English common law. Can you think of any examples?
Bringing the English Heritage to America
The 1600s and 1700s saw the increase of English citizens in the Americas. They established colonies in North America. A colony is a group of people in one place who are ruled by a parent country elsewhere. These people remained loyal to England, with a strong sense of English political traditions. They accepted common law and believed the ruler was not above the law. They also wanted to have a voice in government.
The Virginia House of Burgesses
Jamestown has the privilege of being the first permanent English settlement in North America. Located in Virginia, Jamestown was founded in 1607 by the Virginia Company. The Virginia Company was a group of merchants from London granted a charter to establish a colony by King James I. A charter is a written document granting land and the authority to create colonial governments. The charter of the Virginia Company also gave the colonists all liberties as if they were living and were born in England.
A governor and council were the first form of government in Virginia. But the colonists chose to have two representatives from each county to meet with the governor and the council as early as 1619. These representatives would become the House of Burgesses, the first representative assembly in the English colonies. The House of Burgesses didn’t have much power but it was the beginning of self-government in the New World.
1624 saw King Charles I cancel the Virginia Company’s charter and make it a “royal colony.” A royal colony was one controlled by the crown. The king would appoint a governor but did allow the House of Burgesses to stay as an elected legislature. The Mayflower Compact
1620 brought a new group of colonists to the new land, the Pilgrims. The Pilgrims built a settlement hundreds of miles north of Virginia, at a place they would call “Plymouth.” Plymouth is in the current state of Massachusetts. These settlers came to North America on a ship called the Mayflower. The journey was troublesome and they realized they needed to set up some rules to govern themselves if they were going to survive. They created a plan of government while still at sea. This written plan of government came to be known as the “Mayflower Compact.” A compact is an agreement or contract among a group of people. In the Mayflower Compact, it is stated that the government would make just and equal laws for the common good of all. The signers pledged to obey these laws. This compact established the rule of direct democracy in New England. Citizens still meet in town meetings to discuss and vote on important issues.
Early Colonial Governments
Jamestown and Plymouth paved the way for more English settlements in America. Thirteen English colonies ran the length of the Eastern seaboard by 1733. Each new colony set up its own government in the fashion of the House of Burgesses and the Mayflower Compact. They were not identical, but they did have similarities. Each had a governor, elected by the colonists or appointed by the king. They each had a legislature with representatives elected by the free adult males of the colony. Most of the colonies modeled their legislatures after the English Parliament.
The colonial governments would take on more power and responsibility as time went on and the king and Parliament dealt with issues in their homeland. These colonists got used to handling concerns on their own. They built towns and roads. They organized churches, schools, hospitals, and fire departments. They were content with not having to worry about the help of their home country.
The Magna Carta
The throne went to King John in 1199. He wasn’t a nice leader and treated the nobles unkind. These people were not very happy and chose to rebel. This rebellion led to the king signing an agreement with the nobles called the Magna Carta or Great Charter. The Magna Carta gave authority to the nobles as well as privileges. All landholders were granted certain rights that would ultimately be granted to all English people. Some of these rights were the equal treatment under the law and trial by one’s peers.
The Magna Carta existed as a contract limiting the power of the throne, guaranteeing that no one could be above the law. Even the king or queen had to seek the approval of the people.
Parliament
King Henry III came to the throne after John. Henry used a group of advisors to meet with concerning the needs of the empire. These men were nobles and church officials. This group would grow in number and power until the late 1300s. It was now to become known as a legislature, or lawmaking body. This body would be known as Parliament.
The English monarchs cooperated with Parliament up until the mid-1600s. Conflict developed and in 1688, Parliament kicked King James II off of the throne and asked his daughter and son-in-law, Mary and William, to begin ruling the kingdom. This action expressed Parliament’s power over the monarchy.
Having William and Mary as rulers was not without difficulty. The English leadership was Protestant up until this time. William and Mary had lived in France and were Catholic. Although they tried not to let their personal religion influence their leadership decisions, it couldn’t be helped. Still, their rise to power was peaceful and became known as the Glorious Revolution. They worked effectively with Parliament and held no more power than that body of legislature.
Parliament drew up the English Bill of Rights in 1689. It claimed that the monarch could not suspend Parliament’s laws, nor create special courts, impose taxes, or raise an army without Parliament’s approval. The English Bill of Rights also declared that Parliament members would gain their position through free elections and have guaranteed free speech during their meetings. This document also granted that all citizens would have the right to a fair trial by jury in court cases and not be subjected to cruel and unusual punishment. What would you consider to be examples of cruel and unusual punishment?
Common Law
England had no written laws in its early days. Most people lived by customs serving as the force of law. When a system of courts came into being, the courts’ decisions became the basis of a body of law. Judges looked for a similar court case that had occurred when they needed to make a decision. This was known as examining a precedent. Considering the earlier case with the current one, the judge would make a consistent ruling.
Precedent and customs formed the practice of common law. Common law rests on court decisions instead or regulations written by lawmakers. This practice worked well enough for England that it is still in practice today. When English settlers came to the Americas, they brought this practice of common law with them. Our laws about property, contracts, and personal injury are rooted in English common law. Can you think of any examples?
Bringing the English Heritage to America
The 1600s and 1700s saw the increase of English citizens in the Americas. They established colonies in North America. A colony is a group of people in one place who are ruled by a parent country elsewhere. These people remained loyal to England, with a strong sense of English political traditions. They accepted common law and believed the ruler was not above the law. They also wanted to have a voice in government.
The Virginia House of Burgesses
Jamestown has the privilege of being the first permanent English settlement in North America. Located in Virginia, Jamestown was founded in 1607 by the Virginia Company. The Virginia Company was a group of merchants from London granted a charter to establish a colony by King James I. A charter is a written document granting land and the authority to create colonial governments. The charter of the Virginia Company also gave the colonists all liberties as if they were living and were born in England.
A governor and council were the first form of government in Virginia. But the colonists chose to have two representatives from each county to meet with the governor and the council as early as 1619. These representatives would become the House of Burgesses, the first representative assembly in the English colonies. The House of Burgesses didn’t have much power but it was the beginning of self-government in the New World.
1624 saw King Charles I cancel the Virginia Company’s charter and make it a “royal colony.” A royal colony was one controlled by the crown. The king would appoint a governor but did allow the House of Burgesses to stay as an elected legislature. The Mayflower Compact
1620 brought a new group of colonists to the new land, the Pilgrims. The Pilgrims built a settlement hundreds of miles north of Virginia, at a place they would call “Plymouth.” Plymouth is in the current state of Massachusetts. These settlers came to North America on a ship called the Mayflower. The journey was troublesome and they realized they needed to set up some rules to govern themselves if they were going to survive. They created a plan of government while still at sea. This written plan of government came to be known as the “Mayflower Compact.” A compact is an agreement or contract among a group of people. In the Mayflower Compact, it is stated that the government would make just and equal laws for the common good of all. The signers pledged to obey these laws. This compact established the rule of direct democracy in New England. Citizens still meet in town meetings to discuss and vote on important issues.
Early Colonial Governments
Jamestown and Plymouth paved the way for more English settlements in America. Thirteen English colonies ran the length of the Eastern seaboard by 1733. Each new colony set up its own government in the fashion of the House of Burgesses and the Mayflower Compact. They were not identical, but they did have similarities. Each had a governor, elected by the colonists or appointed by the king. They each had a legislature with representatives elected by the free adult males of the colony. Most of the colonies modeled their legislatures after the English Parliament.
The colonial governments would take on more power and responsibility as time went on and the king and Parliament dealt with issues in their homeland. These colonists got used to handling concerns on their own. They built towns and roads. They organized churches, schools, hospitals, and fire departments. They were content with not having to worry about the help of their home country.