Origins of English Rights

Magna Carta,Petition of Rights,

English Bill of Rights

Divine Right of Kings

Divine Right of Kings: This was a belief that a King’s power came directly from God.

What are your rights?

Natural RightsJohn Locke, a political philosopher

believed that everyone was born with natural rights (life, liberty, & property)

Life: everyone is entitled to live once they are created.

Liberty: everyone is entitled to do anything they want to so long as it doesn't conflict with the first right.

Estate: everyone is entitled to own all they create or gain through gift or trade so long as it doesn't conflict with the first two rights.

How are your rights protected?

Thomas Hobbes

Law & Order: Hobbes believed that without some kind of gov’t, chaos would make life "solitary, poor, nasty, brutish, and short".

Magna Carta

Magna Carta is Latin for “Great Charter”.

Originally issued in 1215 AD, it eventually influenced the idea of constitutional law.

Magna CartaOriginally written because of

disagreements between Pope Innocent III and King John about the rights of the King.

The most notable right granted to the people by Magna Carta was Habeus Corpus. It is a writ (legal action) which requires a person under arrest to be brought before a judge or into court.

Magna Carta

Out of the 63 clauses in Magna Carta, only 3 are still in use today: 1st, 9th, and 29th.*The 29th clause is the Habeus Corpus

clause.

The Creation of Parliament 1st Parliament formed during

the reign of Henry III. Some nobles rebelled by

summoning a Parliament without royal authority. Each of the boroughs was

represented. By 1295, a model parliament

was established. By the reign of Edward III,

Parliament was separated into 2 Houses and assumed its modern form.

Petition of RightsStatement of civil liberties sent

by the English Parliament to Charles I.

Initiated by Sir Edward Coke

4 Principles:1) No taxes may be levied without

consent of Parliament.

2) No subject may be imprisoned without cause shown (habeus corpus)

4 Principles:3) No soldiers may be quartered

upon the citizenry.

4) Martial law may not be used in time of peace.

King James Stuart I King James VI of Scotland

Inherited Queen Elizabeth I throne (1603-1625) Key questions: how much power should Parliament

have? James Believed in Absolutism Worst struggles w/ Parliament were over money.

They were reluctant to pay for James’s’ expensive court & foreign wars

Offended Puritan members of ParliamentJames = Calvinist only agreed to one Puritan reform: translating the Bible:

The King James version

King Charles I (Stuart)1625 son of James, came to powerAlways needed money

At war with Spain and FranceDissolved Parliament several times when

they refused him money1628 force to call Parliament

They refused him any money until he signed a document that is known at the Petition of Rights

Agreed to sign the Petition of Rights

Petition Of RightsNo imprisonment w/o due causeNo taxes w/o Parliament’s consentNo housing soldiers in private homesNo martial law in peacetime

Charles signed it & then… Ignored it!!!!!(even so… it was important b/c it set forth the idea that the law was HIGHER than the KING

King Charles Stuart I & the English Civil War

Offended Puritans by upholding church ritual & a formal prayer book

1637- he tried to force the Presbyterian Scots to accept a version of the Anglican prayer book! Wanted one religion for both Kingdoms Scots rebelled, threatening to invade England

Called Parliament to ask for money for the rebellion Parliament now had a chance to oppose him

1641- Parliament passed laws to limit royal power 1642- Charles tries to arrest Parliament’s leaders; they escaped Mob of Londoners Raged outside the Palace after the King! He escaped & raised an army in the North (loyal to him) 1642-49 – supporters (loyalists or Cavaliers) & opponents

(Roundheads) fought a CIVIL WAR 1644- Oliver Cromwell came to defend the Puritan opposition

Charles I Tried for Treason & Executed•1647- the loyalists held the King prisoner on charges of treason

•1649- Charles was tried for treason, found guilty and EXECUTED!•First King ever to be tried, sentenced and killed by the people

Oliver Cromwell & the English Commonwealth

Oliver Cromwell Puritan Morality imposed! Sought to reform society

Made laws to promote Puritan morality & abolish “sinful” activities (dancing, theatre, comedy, sports)

Favored religious toleration for all Christians; except Catholics

Became unpopular due to strict religious rules Son ruled after him, weakly People began to long for the Monarchy

The Restoration & Charles Stuart II1660- Charles II entered London to cheers of

support and celebration for the return of the KINGRestored the theater, sporting events, dancing

Parliament passed an important guarantee of freedom, HABEAS CORPUS1679- law passed guaranteeing prisoners right to

go before a judge & the accuserMonarch could no longer put people in jail randomly

Died 1685 with no heir

James Stuart II (Charles II brother)

1685- became KingOffended the English by flaunting his

CatholicismAppointed many Catholics to high office (illegal)Parliament protested. James dissolved them1688- heir born, England became fearful at the

prospect of a long line of Catholic Kings

William and Mary

James II older daughter (Protestant) was married to William of Orange (Netherlands).

Parliament invited them to overthrow JamesWilliam led his army to London James fled to France (to save his head)= a BLOODLESS overthrown of a King

THE GLORIOUS REVOLUTION

The “Conditions” = A Constitutional Monarchy

William & Mary had to agree to rule according to English Law

They had to sign the Bill of RightsRecognizing Parliament as their Partner in

governing.No suspending of Parliament’s LawsNo taxes w/o a specific grant from ParliamentNo interfering w/ freedom of speech in ParliamentNo Penalty for a citizen who complains to the

KingWilliam & Mary ConsentedConstitutional Monarch is Born

English Bill of Rights [1689]a Main provisions:

1. The King could not suspend the operation of laws.2. The King could not interfere with the ordinary course of

justice.3. No taxes levied or standard army maintained in peacetime

without Parliament’s consent.4. Freedom of speech in Parliament.5. Sessions of Parliament would be held frequently.6. Subjects had the right of bail, petition, and freedom from

excessive fines and cruel and unusual punishment.7. The monarch must be a Protestant.8. Freedom from arbitrary arrest.9. Censorship of the press was dropped.10.Religious toleration.

English Bill of Rights [1689]It settled all of the

major issues between King & Parliament.

It served as a model for the U. S. Bill of Rights.

It also formed a base for the steady expansion of civil liberties in the 18c and early 19c in England.

English Bill of RightsOne of the basic documents of

English constitutional law, along with the Magna Carta.

Statement of certain positive rights that its authors considered that citizens and/or residents of a constitutional monarchy should have.

English Bill of RightsAsserts subjects’ rights to petition

the Monarch, and to bear arms for defense.

Says the King cannot do certain things without the consent of the governed.

English Bill of RightsPredecessor of the: United States Constitution United Nations Universal

Declaration of Human RightsEuropean Convention on

Human Rights.