Self-Government in the Thirteen Colonies

 

John Locke, Property, and Natural Rights

 Points to remember:

1) Rights come from God and, therefore, they are natural

2) Because rights are natural they exist before government, and man creates government to protect rights

3) Man has a property in his body and the labor produced by the body is property.

4) Property is created by man using his labor to remove something from its natural state.

5) Man has a right of property and that right is the ability to use that property in a manner of his own choosing as long as such usage does not deny others of their right of property. 

6) Man creates government for the purpose of protecting rights (life, liberty, and property).

7) Government gets its power to govern from the people it governs.

8) When government fails to protect rights, man has a right to either change government so that it returns to protecting rights OR man has a right to overthrow that government and replace it with one that protects rights

Exam Review Assignment: Civics Exam 2

 1) Clause 39: right to life, liberty, property; right to trial by jury; right to be judged by the laws on the books (at the time you committed the crime you are accused of).

2) Clause 61 of Magna Carta requried that 25 barons be appointed to insure that King John would follow the laws written in Magna Carta.

3) Clause 12 of Magna Carta required that the king get the consent of the 25 barons to collect new taxes.

4) Clause 40 of Magna Carta guarantees fair treatment under the law.

5) The Great Council was created by Clause 61 of Magna Carta.  This clause was a law requiring the appointment of 25 barons to oversee the king to insure that he follow the laws stated in Magna Carta.  Under King Edward I, the membership of the Great Council was expanded.  This version of the Great Council would serve as the model for England's future legislature (Parliament) and was call the Model Parliament.

6) Simon de Montfort increased the number of representatives in Parliament by having those representatives come from all parts of England.

7) King Edward I enlarged the Great Council by adding non-noble members.  This would set the stage for Parliament dividing into two houses, a House of Lords and a House of Commons.

8) The three main rights protected by English Common Law are life, liberty, and property.

Magna Carta Text: Clauses 39, 40, 60, 61 & Development of Liberal Democracy Before the English Civil War

 

(39). Nullus liber homo decetero capiatur vel imprisonetur aut disseisiatur de aliquo libero tenemento suo vel libertatibus vel liberis consuetudinibus suis, aut utlagetur, aut exuletur aut aliquo alio modo destruatur, nec super eum ibimus, nec super eum mittemus, nisi per legale judicium parium suorum, vel per legem terre.

 (39) No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land.

 

(40). Nulli vendemus, nulli negabimus aut differemus rectum vel justiciam.

 (40) To no one will we sell, to no one deny or delay right or justice.

 

(61) CUM autem pro Deo, et ad emendacionem regni nostri, et ad melius sopiendam discordiam inter nos et barones nostros ortam, hec omnia predicta concesserimus, volentes ea integra et firma stabilitate in perpetuum [ 2] gaudere, facimus et concedimus eis securitatem subscriptam; videlicet quod barones eligant viginti quinque barones de regno quos voluerint, qui debeant pro totis viribus suis observare, tenere, et facere observari, pacem et libertates 18quas eis concessimus, et hac presenti carta nostra confirmavimus, ita scilicet quod, si nos, vel justiciarius noster, vel ballivi nostri, vel aliquis de ministris nostris, in aliquo erga aliquem deliquerimus, vel aliquem articulorum pacis aut securitatis transgressi fuerimus, et delictum ostensum fuerit quatuor baronibus de predictis viginti quinque baronibus, illi quatuor barones accedant ad nos vel ad justiciarum nostrum, si fuerimus extra regnum, proponentes nobis excessum, petent ut excessum illum sine dilacione faciamus emendari.

 (61) SINCE WE HAVE GRANTED ALL THESE THINGS for God, for the better ordering of our kingdom, and to allay the discord that has arisen between us and our barons, and since we desire that they shall be enjoyed in their entirety, with lasting strength, for ever, we give and grant to the barons the following security:

 The barons shall elect twenty-five of their number to keep, and cause to be observed with all their might, the peace and liberties granted and confirmed to them by this charter.

(12) No scutage not aid shall be imposed on our kingdom, unless by common counsel of our kingdom, except for ransoming our person, for making our eldest son a knight, and for once marrying our eldest daughter; and for these there shall not be levied more than a reasonable aid. In like manner it shall be done concerning aids from the city of London.

The Development of Liberal Democracy Before the English Civil War
 
Liberal democracy rests on the principle that government is created by, derives its power from, and exists to serve the people.  In practice, today liberal democracy means a system of government characterized by limitations placed on the powers of national government by a set of written laws, legal protections based on the idea that man has rights,  the extension of rights to minority groups, the ability of the voter to select government officials by secret ballot, a lawmaking body (legislature) that conducts free and open debate on issues and passes laws by majority vote, and the ability of voters to support more than one political party.
 
 
During the Later Middle Ages, England established the foundations upon which its people would build liberal democracy.
 
King Henry II who ruled from 1154 to 1189 replaced feudal justice with royal courts, grand jury investigations, and, in some cases, jury trials.  Although Henry II’s purpose was to strengthen the power of the British crown, not to further the development of liberal democracy, his reforms developed into our modern system of trial by jury.
 
King John, who demanded increased funds from the feudal nobles, was accused by them of being a despot and violating their rights.  At Runnymeade, outside of London, John was forced by the nobles to sign the Great Charter, or Magna Carta.  This document limited the power of the king.  Two features of the Magna Carta which did this were the requirement that the king may not imprison any free person except by the judgment of that person’s peers (equals)and in accordance with the laws, and that taxes could not be levied without the consent of the Great Council (a group of people that consisted of nobles).
 
Originally, Magna Carta protected nobility against tyranny imposed by the king.  In time, the charter’s protections were granted to all English people.  The Magna Carta came to mean that the monarch is not an absolute ruler and not above the law, all persons are guaranteed a trial by jury, and the Great Council, which later became Parliament, alone may levy taxes.  Magna Carta is therefore considered the cornerstone of English liberal democracy.
 
In 1295, King Edward I expanded the Great Council’s membership to include middle-class representatives.  His purpose was to place taxes upon and still ensure loyalty of the wealthy middle class, not to further the development of liberal democracy.   Because the enlarged Great Council served as a model for England’s future legislature (Parliament), it was called Model Parliament.  By allowing non-nobles to have membership in the Great Council, King Edward created conditions that resulted in Parliament dividing into two houses, the House of Lords and the House of Commons.
 
By the late 13th century, English judges had established the practice of basing their decisions on similar cases decided previously (precedents). These legal precedents created a group of laws called “common law”. The common law applied to all people equally.  To protect the individual against the possibility of governmental tyranny, the common law held that life, liberty, and property could not be taken by illegal action.  In order for life, liberty, and property to be taken, government had to determine that the individual had committed a crime.  By this time, English law had developed the idea that crime was an act which violated the right of free men to life, liberty, and property.  English common law greatly influenced the American legal system.
 
In the 14th century, Parliament forced the English monarchs to accept its legislation by threatening to withhold new laws that increased taxes.  The use of this practice was not limited to laws that dealt with taxes.  From that point forward, all laws required the consent of Parliament and the approval of the monarch.
 
 
Use the information on page one (the other side) to answer the questions below.
 
 
1) On what principle does the concept of liberal democracy rest? 
 
2) List all the characteristics of liberal democracy:
 
3) What two features of the Magna Carta limited the power of the king?
 
 4) What the three main rights of free men are protected by English Common Law?  

Magna Carta and Simon de Montfort

Use the two videos to answer the questions on the worksheet given to you.  Write neatly.  Use any device to view these videos 

Watch the video and answer the questions.

1) When and where was the Magna Cart formed and signed?

2) Who was the king of England at the time of the forming of the Magna Carta?

3) What issues did the English nobility have with have the way in which King John ruled?

4) What actions did the English nobility take in response to the way in which the king ruled?

5) What is the translated meaning of the term “Magna Carta?”

6) List the conditions that were agreed to by King John at Runnymeade?

7) Why is the Magna Carta important?

Watch the video and answer the questions.

1) What did King Henry agree to?  

2) What suspicions about King Henry are held by Simon de Montfort? 

3) What does Simon de Montfort attempt to achieve in the face of his suspicions regarding King Henry?  

4) What does de Montfort hope to accomplish by gathering the barons together in a meeting? 

5) What worries do the barons have regarding de Montfort’s leadership? 

6) Why does Gilbert The Red want de Montfort to lead? 

7) How does the Battle of Lewes end?  Who wins?

8) What purpose does Parliament serve?  

9) When does Parliament first gather together?  

Parliamentary System and Presidential Systems Explained

 

 

Errare humanum est, perservare diabolicum.  (Seneca)

To err is human, to persist is diabolical.