Democracy in England

Changes coming Henry II, William, and King John signing the Magna Carta

William and Henry II bring ideas of Democracy to England 1066, William, Duke of Normandy (France) invades England and makes some dramatic changes to the old system. He ends Feudalism- the political and economic system of the Middle Ages that put the power into the hands of many different Lords who controlled the land, which made them all powerful. This creates a system of centralized governments now that regional Lords are out of power. The beginning of democracy for the people by swearing allegiance to one ruler.

Henry II The son of William Rules England from 1154-1189 Considered one of England’s most able monarchs Strengthened the Royal court system so criminal and property cases were heard in these courts controlled by him, rather than local courts controlled by Feudal lords. Empowered a royal judge to visit an area of England that would become his jurisdiction and would bring modern reforms to the legal system because of it.

How did this improve the Justice System? Previously, one would have to survive a duel or some other horrible form of physically painful or dangerous ordeal in order to be set free. New system would allow a trial that would be in front of his or her peers. Twelve neighbors of the accused would be asked questions about the accused and would give details about the facts of the case. This, of course, is where the idea of a jury came from. They differ from today’s juries because they did not decide innocent or guilt, but they did provide a local presence. Legal decisions that would be decided by the royal judges would become precedents for future cases. This will gradually lead to a single legal system in England (Common Law) This is so important because it becomes “common” to the whole country and everyone becomes accustomed to the principals of the law This is also the system in which we depend on in the U.S. today.

More democratic reforms Later, King John would lead England and he becomes very unpopular. He fights a losing war in France that causes England to lose a great deal of its land holdings in France. Not only that, the war also costs a great deal of money that must be paid for using taxpayers money. This especially upsets the Nobles, who have to pay a good deal of this tax. In 1215 their anger forces John to sign a charter (Magna Carta) that guarantees certain political rights of the Nobles.

What’s so special about the Magna Carta At first, nothing. It is really designed to protect the Nobles from having to pay for another tax that they didn’t have any say in. However, it offers some new ideas that were interpreted by all English subjects as protections of their basics liberties. Part of the unintended consequences of the Magna Carta are the granting of certain individual rights and liberties. It also limited the power of the Monarch over his subjects and this is a crucial element of democracy. By getting it in writing, they also accomplished the feat of making it so it could not be altered if the King saw fit to do so. This forced the King to recognize and follow the law. Much of this was interpreted differently at the time and it really didn’t change much in terms of rights for the average citizen, but it contains many ideas that are the foundation for modern democracy (no taxation w/o representation, right to a jury trial, etc…).

More democratic ides to follow Now requests for tax or other legal issues needed to be addressed before a parliament. There were two houses of this branch of the government The house of commons was where the less powerful members of society met to pass laws that typically dealt with money and taxes. The house of the lords was where the wealthy landowners voted on taxes, new laws and royal policies. This created a partnership with the monarch in ruling the country.

Conflicts arise between Kings and Parliament Elizabeth I dies without a child, so a new family of monarchs (the Stuarts) arrives from Scotland to take over. They immediately clash with Parliament over the rights of the people. Certain issues cause the most trouble- reform of the Church of England (making less like the Roman Catholic Church), ignoring Common Law to avoid the power of the Parliament (which brought accusations of tyranny), and the need for money for royal extravagances and to wage war (which Elizabeth had left them a large debt after her death). James I

The Petition of Right Charles I takes over power from James I and needs money badly. Having to ask Parliament for these funds, they attempt to limit his power in exchange for raising taxes. Having no other choice, Charles is forced to sign the Petition of Right. It included historical democratic rights such as ending- taxation without Parliament’s consent, imprisoning citizens illegally, housing troops in citizen’s homes, and maintaining a military during peacetime. Charles signs this and later ignores the commitments. He also dismisses the Parliament. This comes back to haunt him though as Scotland invades England and he needs money again. Parliament, bitter because of this, refuses to work with him on this issue and it creates a showdown. This creates a civil war within the country between the Royalists (people who support the King) and the Anti-Royalists (those who don’t). After years of fighting, the Anti-Royalist win

A new type of leader After the civil war, Charles is condemned as a “tyrant, murderer, and a public enemy”- he is executed in 1649. Oliver Cromwell takes power and spends several years crushing uprisings against his rule (mainly by those who favor a monarchy). He too, became unhappy with the Parliament and dissolved it. He was upset with their inability to support his religious, social and economic reforms. After this, he created a government called a Protectorate and named himself Lord Protectorate (which was the same as a military dictator). As he became more authoritarian, he became more unpopular until his death.

Parliament passes Habeas Corpus Amendment Act After Cromwell, Parliament continued to try to limit the monarchy’s power. In 1679 it passed the Habeas Corpus Act. Habeas Corpus refers to the situation that when someone is detained (arrested) the police must produce the person to the courts and the accused must be informed of what he or she has been accused of. At this time, the court is to decide if there is sufficient reason to keep the person detained or set them free. This is crucial to democracy because it prevents authorities from detaining someone wrongfully or unjustly.

New Monarchs continue reforms. When King James II dies without a male heir, he gives the throne to his daughter, Mary. She and her husband, William of Orange (Netherlands)were crowned co-rulers of England. A turning point in English history called the Glorious Revolution takes place shortly thereafter. Parliament, continuing to limit the power of the monarchy, forces the rulers to follow a constitution. This makes England a Constitutional Monarchy.

English Bill of Rights In 1689, William and Mary also accept from Parliament, the Bill of Rights that are a list of liberties that belong to the people and cannot be taken from them. This Bill of Rights did not allow the monarch to suspend laws , tax without consent, raise an army during peacetime, force excessive bail, cruel and unusual punishment, and limit speech in Parliament.

Legacy Democracy was increased in many ways during this period. The Magna Carta, the Glorious Revolution, and the Bill of Rights added to the power of the citizen and limited the power of the ruler. Additions to government (Parliament, Royal Courts, etc…), law (Common Law, Habeas Corpus, etc…) and the citizen (no cruel and unusual punishment, housing troops, etc…) are foundations to the U.S. Constitution.

Directions for What’s next… Grab Two different colors of highlighter or marker. In one color highlight all of the monarchs that are named in the notes In a second color highlight all of the pieces of democratic reform in England (i.e. Magna Carta) Write this question on the last page of notes and answer it. Name four pieces of legislation or reform that expanded democracy in England and explain how each accomplished that.