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Political Roots from the Magna Carta

An Evolution of Rights

Before the Battle of HastingsBefore the Battle of Hastings

Tribal, Primitive, Limited Protections, Limited Tribal, Primitive, Limited Protections, Limited RightsRights

After the Battle of HastingsAfter the Battle of Hastings

Established Feudalism, Contracts, Power Distribution.Established Feudalism, Contracts, Power Distribution.

The Battle of Hastings 1066

With the help of the pope, William of Normandy defeats the Anglo-Saxon King Harold

Under Danish Rule England Is United Under Feudalism

William lays the foundation of a strong monarchy in England:1. Broke up the largest land

holdings.2. All nobles swore direct

allegiance to him.3. Ordered Census for taxing

purposes (Domesday Book) 4. Strengthening the Anglo Saxon

Militia SystemEngland Looks more like a country than a group of tribes. Government must be created. Locke. What functions of Govt can we see?

FeudalismFeudalism

Both a political and Both a political and economic system where economic system where political power and wealth political power and wealth are distributed by land are distributed by land ownership. (characterized ownership. (characterized by little trade and no money)by little trade and no money)

Distributions occurred by Distributions occurred by Contracts, the foundations Contracts, the foundations for Constitutional Lawfor Constitutional Law

Two Political Characteristics of Feudal England

ContractsPrivileges

1. Services (Protection),

2. Homage (homo)-promise of fealty (loyalty or faithfulness) to be the Lord’s Faithful Man

The Lord, now a vassal, gave some money, but most important, protection to the king.

The King gave the Noble a fief (fee) usually land.

In Return the Noble Lord Provides:

•A Free man who held land (fief) from a lord to whom he paid homage and swore fealty. He owed various services, primarily military services.•Land is wealth—there is little trade in medieval society

Provides Land and Protection to Peasant

Provides horse, food, shelter and a fief

Gives a percentage of crops to king. Peasant is legally tied to the land.

Gives Protection to King pledging loyalty to fight King serves king and church.

Vassal to the Lord

Legal protections become part of Common Law

Henry II 1154 - 1189 Grandson of William, creates new institutions as privileges or rights of Englishmen.

The Rights of Englishmen

1. Trial By Jury2. Security of one’s home from unlawful Entry

3. No taxation without consent.

Other Legal Influences

A. Common Law

Laws based on custom. Court decisions use custom in defining rules that apply to the entire country

(a regularly traveled route) Judges--prevented the pressure of friendship, bribes threats and influence on Judges

B. Circuit Judges

C. Jury SystemAccusers came forward to

decide if there was enough evidence to convict. Became the basis of today's Grand Jury.

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King John

Lost Normandy to French King

Taxed exorbitantly

Nobles force the signing of the Magna Carta.

Magna Cartais a charter of ancient

liberties guaranteed by a king to his subjects;

the Constitution of the United States is the establishment of a government by and for "We the People."

…here is a law which is above the King and which even he must not break. This reaffirmation of a supreme law and its expression in a general charter is the great work of Magna Carta; and this alone justifies the respect in which men have held it.

Magna Carta & Constitutional Government

1. Those in power must govern according to established rules of law—Due Process

Magna Carta & Constitutional Government

2. Established rights of governed could not be violated

Magna Carta & Constitutional Government

3. Government should be based on an agreement, or contract, between the people to be ruled. Contract were based on common law.

Magna Carta & Constitutional Government

4. no taxation without representation and consent