Chapter 14 Section 3 England Develops a Parliament and the Magna Carta

England’s Invaders 800’s the Danish Viking invaded Alfred the Great 871 – 899 held back Viking invaders 1016 Danish King Canute invaded Britain molding Angles-Saxons WHAT TYPE OF GOVERNMENT DID THE EARLY BRITISH HAVE? A. ANARCHY B. DEMOCRACY C. MONARCHY D. OLIGARCHY

English Common Law A system of law "common" to the country through or over time based from the people’s customs. Common law originally developed under the auspices of the adversarial system in historical England from judicial decisions that were based in tradition, custom, and precedent. Such forms of legal institutions and culture bear resemblance to those which existed historically in continental Europe and other societies where precedent and custom have at times played a substantial role in the legal process, including Germanic law recorded in Roman historical chronicles. The form of reasoning used in common law is known as casuistry or case-based reasoning. The common law, as applied in civil cases (as distinct from criminal cases), was devised as a means of compensating someone for wrongful acts known as torts, including both intentional torts and torts caused by negligence, and as developing the body of law recognizing and regulating contracts. Today common law is generally thought of as applying only to civil disputes; originally it encompassed the criminal law before criminal codes were adopted in most common law jurisdictions in the late 19th century, although many criminal codes reflect legislative attempts to codify the common law. The type of procedure practiced in common law courts is known as the adversarial system; this is also a development of the common law. Before the institutional stability imposed on England by William the Conqueror in 1066, English residents, like those of many other societies, particularly the Germanic cultures of continental Europe, were governed by unwritten local customs that varied from community to community and were enforced in often arbitrary fashion. For example, courts generally consisted of informal public assemblies that weighed conflicting claims in a case and, if unable to reach a decision, might require an accused to test guilt or innocence by carrying a red-hot iron or snatching a stone from a cauldron of boiling water or some other "test" of veracity (trial by ordeal). If the defendant's wound healed within a prescribed period, he was set free as innocent; if not, execution usually followed. In 1154, Henry II became the first Plantagenet king. Among many achievements, Henry institutionalized common law by creating a unified system of law "common" to the country through incorporating and elevating local custom to the national, ending local control and peculiarities, eliminating arbitrary remedies, and reinstating a jury system of citizens sworn on oath to investigate reliable criminal accusations and civil claims. The jury reached its verdict through evaluating common local knowledge, not necessarily through the presentation of evidence, a distinguishing factor from today's civil and criminal court systems.

William the Conqueror *Norman who claimed the throne of England after Edward the Confessor died without an heir. October 14, 1066 is the last time England was invaded successfully at the Battle of Hastings

William the Conqueror King William the Conqueror *CLAIMS ALL OF ENGLAND AS HIS PERSONAL PROPERTY. What type of government is this? Absolute Monarchy Democracy Limited Monarchy Representative Government

Henry II Introduces use of the jury in English courts Institutionalized common law by creating a unified system of law "common" to the country through incorporating and elevating local custom to the national

Magna Carta

Magna Carta (Great Charter) King John (1199 – 1216) lost Normandy and other lands in France – (*Needed money $$$) Forced to sign in 1215 English nobles forced king to sign *Gave political rights to nobles and limited Kings power *No taxes without representation, jury trial, and protection under the law

Impact of Magna Carta What impact – effect did the Magna Carta have on the Government of England? Write your answer:

Model Parliament Was set up in Nov, 1295 Made up commoners (burgesses citizens of wealth and property) and nobles and lords (2 knights) Foundation of British/Modern Parliament

British Parliament House of Lords and House of Commons