Our English Heritage Unit 4, Day 1

Opener: 12/4/17 Copy the definitions legislature– a lawmaking body Precedents - rulings in earlier cases that are similar common law - The system of law based on precedent and custom colony is a group of people in one place who are ruled by a parent country elsewhere charter is a written document granting land and the authority to set up colonial governments. compact is an agreement, or contract, among a group of people

Influences from England’s Early Government The English brought with them a history of limited and representative government. England was ruled by a monarch– a king or queen, but nobles held much power. The nobles forced King John to sign the Magna Carta. This document upheld rights of landowners including equal treatment under the law and trial by one’s peers. It limited the power of the king or queen.

Influences from England’s Early Government (cont.) Nobles and church officials who advised Henry III developed into a legislature– a lawmaking body –known as Parliament. In a power struggle, Parliament removed King James II from the throne. This peaceful transfer of power was the Glorious Revolution. From then on, no ruler would have more power than the legislature.

Influences from England’s Early Government (cont.) Parliament drew up the English Bill of Rights. It required the monarch to get Parliament’s consent to impose taxes, raise an army, or create special courts. It guaranteed free elections, free speech, a fair jury, and no cruel and unusual punishments.

Influences from England’s Early Government (cont.) In its early days, England had no written laws. People developed rules to live by which came to have the force of law. Judges made rulings consistent with precedents, or rulings in earlier cases that were similar. The system of law based on precedent and custom is known as common law. Our laws are based on English common law.

Bringing the English Heritage to America A colony is a group of people in one place who are ruled by a parent country elsewhere. English colonists in America remained loyal subjects of England. They accepted common law and expected the same rights they enjoyed in England.

Bringing the English Heritage to America (cont.) A charter is a written document granting land and the authority to set up colonial governments. The Virginia Company’s charter promised the colonists of Jamestown the same liberties as in England.

Bringing the English Heritage to America (cont.) The colonists chose representatives called burgesses to meet with the governor. These representatives formed the House of Burgesses, the first legislature in the colonies. It marked the beginning of self-government in the colonies.

Bringing the English Heritage to America (cont.) Before arriving in Plymouth, the Pilgrims drew up the Mayflower Compact, a written plan that set up a direct democracy in the colony. A compact is an agreement, or contract, among a group of people. All men would vote. The majority would rule.

Early Colonial Governments Later English colonies along the east coast followed the examples of the Mayflower Compact and the House of Burgesses. Each colony had a governor and an elected legislature, often modeled after Parliament. The colonial governments took on more power over time, as the king and Parliament were preoccupied at home. The colonists grew used to making their own decisions.

Sources of American Law Working independently, read the “Sources of American Law” chart on page 30 of your text book. Of the four bodies of law, which do you think is growing fastest today? Explain your answer.

Exit Slip List and explain 2 ways English law had an influence on law in the colonies.