A Brief History of British
Common Law
The Magna Carta: Fundamental Rights
and Liberties from 1225
• Signed in 1225 (Middle Ages)
• King John was a tyrant who
alienated everyone: nobles,
merchants, peasants, and
religious leaders; he was forced
to sign a document limiting his
power and establishing a
government based on the rule of
law.
• This document was the “law of
the land” in England, and it led to
the custom of parliament to put
the king’s power in check.
• Due process was a fundamental
component of the Magna Carta,
and the British Colonists were
very aware of their rights under
the Crown.
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http://www.youtube.com/watch?v=riUWuTpZfZ0
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King John of England (right) and an English baron
agreeing to Magna Carta. A detail from the bronze doors
of the U.S. Supreme Court building, Washington, D.C.
What is Parliament?
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English legislature (lawmaking body)
developed over time
Kings would ask for advise from
nobles
The inner circle became more
formalized and was called the Great
Council
There was also an informal system of
hearing cases and making decisions
at a local level
By 1275, Parliament was more
formalized and included elected
representatives
There was no universal suffrage; only
wealthy landowners could vote
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During the middle ages, Parliament’s
main function was to CONSENT to
taxes requested by the king, who
usually wanted to money to fight
wars
Parliament became a bicameral
legislature (2 houses)
– House of Commons (elected)
– House of Lords (inherited)
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By 1376, Parliament could impeach
the king’s ministers
By 1414, the king was required to go
to Parliament for approval of all laws
and acts
By the 1640’s Parliament was an
institution capable of usurping power
from the king.
Parliament demanded rights such as
habeas corpus—the principle that a
person cannot be held in prison
without being charged with a specific
crime.
The English Bill of Rights, 1689
(JUST SAY NO TO BAD MONARCHS!)
• No royal interference with the law: monarchs cannot establish new courts
or act as judges.
• No taxation by royal prerogative: parliament must approve all taxes.
• No church courts; only civil courts are legal.
• No standing armies in times of peace, unless parliament approves it.
• No fear of retribution for petitioning the monarchy. (freedom to petition
the government)
• No interference in the people’s right to bear arms.
• No interfering with debates and proceedings of Parliament—they can
assemble and deliberate without fear of retribution.
• No fines or other forfeitures are allowed before a person is convicted of a
crime.
• No cruel and unusual punishment or excessive bail.
125 Years, 13 Schools of Government,
All LOYAL TO THE CROWN
Royal Colonies
Proprietary Colonies
• Under direct control of crown
• King appointed a governor
and a council
• Colonists elected legislatures
• New Hampshire
• Massachusetts
• New York
• New Jersey
• Virginia
• North Carolina
• South Carolina
• Georgia
• Under control of a
proprietor—a person who the
king had given a grant of land
• Proprietor appointed a
government, but king could
intervene
• Maryland
• Pennsylvania
• Delaware
Charter Colonies
• Charter given to colonists;
self-governing
• Governors were elected by
male property owners
• Connecticut
• Rhode Island
• The crown took back the
charters from other colonies
and made them royal
colonies.
• Had the colonies all been
allowed to experience selfrule, would there have been a
revolution?
Freedom of the Press: The 1735 Trial
for Libel of John Peter Zenger
• Libel is the publishing of
statements that
damage a persons
reputation
The Navigation Acts
• Mercantilism—economic policy
that held that a nation prospered
by exporting more goods to
foreign nations than it imported
from them
• Colonies were a source of raw
materials and a market for British
goods
• The first of the Navigation Acts
were passed in 1651; the acts
helped some colonists because
they had a sure market for their
goods in England
• As trade expanded, the colonists
began to feel that the laws
favored British merchants
• Smuggling became a way of life in
the colonies in order to gain
direct access to foreign markets
• Shipments from Europe to the
English colonies had to go
through England first
• Any imports from England to the
colonies had to come on ships
built and owned by British
subjects
• The colonies could sell key
products, such as tobacco and
sugar, only to England
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Colonial Society Brainstorm
• You may work alone, with a
partner, or in a group of 3 (MORE
PEOPLE = MORE WORK)
• Read Chapter 4 Section 2
carefully for ideas
• Draw your society using simple
figures and word bubbles—you
are not being graded on art work
• You must have a minimum of 25
people doing 25 things PER
PERSON in your group
• Projects are due next Tuesday,
but there will not be additional
class time to complete them
• Homework: Make flashcards for
Chapter 4; if you had an A or B
quarter 1, you may choose to be
excused from this assignment