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 Rights John 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 is Latin for “Great Charter”. Originally issued in 1215 AD, it eventually influenced the idea of constitutional law.

Magna Carta Originally 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 Rights Statement 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 Parliament James = Calvinist only agreed to one Puritan reform: translating the Bible: The King James version

King Charles I (Stuart) 1625 son of James, came to power Always needed money At war with Spain and France Dissolved Parliament several times when they refused him money 1628 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 Rights No imprisonment w/o due cause No taxes w/o Parliament’s consent No housing soldiers in private homes No 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 II 1660- Charles II entered London to cheers of support and celebration for the return of the KING Restored the theater, sporting events, dancing Parliament passed an important guarantee of freedom, HABEAS CORPUS 1679- law passed guaranteeing prisoners right to go before a judge & the accuser Monarch could no longer put people in jail randomly Died 1685 with no heir

James Stuart II (Charles II brother) 1685- became King Offended the English by flaunting his Catholicism Appointed many Catholics to high office (illegal) Parliament protested. James dissolved them 1688- 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 James William 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 Rights Recognizing Parliament as their Partner in governing. No suspending of Parliament’s Laws No taxes w/o a specific grant from Parliament No interfering w/ freedom of speech in Parliament No Penalty for a citizen who complains to the King William & Mary Consented Constitutional Monarch is Born

English Bill of Rights [1689] Main provisions: The King could not suspend the operation of laws. The King could not interfere with the ordinary course of justice. No taxes levied or standard army maintained in peacetime without Parliament’s consent. Freedom of speech in Parliament. Sessions of Parliament would be held frequently. Subjects had the right of bail, petition, and freedom from excessive fines and cruel and unusual punishment. The monarch must be a Protestant. Freedom from arbitrary arrest. Censorship of the press was dropped. Religious toleration. 26

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. 27

English Bill of Rights One 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 Rights Asserts 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 Rights Predecessor of the: United States Constitution United Nations Universal Declaration of Human Rights European Convention on Human Rights.