The Emergence of Law in Britain The people gain their rights!

California Standard California Standard 7.6-5: Know the significance of DVs in medieval English legal & constitutional practices and their importance in the rise of modern democratic thought and representative institutions (Magna Carta, parliament, DV of habeas corpus, an independent judiciary in England)

Under the Romans, there were laws that people followed (If you didn’t- you would get punished or even put to death!)

After the Fall of the Roman Empire in 476 AD by Barbarians-

Europe needed new laws and leaders

Feudalism was a social & political system that was set up by Kings & Queens in order to gain control of their land

“I proclaim this day- Mrs. Klein Rules Day- now pay me my $$$$!” Every lord in his castle was able to set up his own laws for his peasants & serfs to follow “I proclaim this day- Mrs. Klein Rules Day- now pay me my $$$$!” “Not again!”

As time went on, a government and the rule of law were slowly brought back as the King’s powers increased

“Taxes! I need to collect more taxes!” In England, the King gained a lot of power & used it against his people “He’s joking right?” “Taxes! I need to collect more taxes!”

VERY IMPORTANT PIECE OF PAPER In 1215, King John (Henry II’s son) was captured by a group of lords & clergy & made to sign a VERY IMPORTANT PIECE OF PAPER King John VERY IMPORTANT PIECE OF PAPER

Magna Carta Poor King John was made to sign the Magna Carta The actual Magna Carta! (1215)

(meaning “Great Charter”) strongly limited the power of the king Magna Carta (meaning “Great Charter”) strongly limited the power of the king

Major Points of the Magna Carta: “Y can’t I wiretap??” 1. The king is the absolute ruler- but even he has to obey the laws!!!

Major Points of the Magna Carta: 2. The King can’t limit the freedom of the Church

Major Points of the Magna Carta: “Can I tax?” 3. The king can’t tax without a meeting of the Great Council (a bunch of lords who would get together) “Ummmm…. NO!

Major Points of the Magna Carta: 4. The king can’t put anyone in jail without “due process of law” “I am entitled to a fair trial” “due process of law”: You get a fair trial

The Magna Carta will become part of permanent English law & is still used today!

The “founding fathers” will borrow from the Magna Carta when writing up the United States Constitution & Bill of Rights 