Petites Easter

History of the English Constitution, 890 AD to present
Like so many famous events happened in England and the rest of the British Isles over the centuries, I thought that it would be a good idea to tell the story of the Anglo-Saxon Chronicles tell the story today.
AD 890 The Anglo-Saxon Chronicles.
Originally compiled on the orders of King Alfred the Great, approximately AD 890, and subsequently maintained and added to by generations of anonymous writers in the mid-12th century. The original language is Anglo-Saxon (Old English), but later entries are essentially Middle English in tone.
AD 1086: The Domesday Book
Domesday is Britain's most famous and oldest surviving public record. It is a very detailed survey and valuation of all land owned by the king and his principal tenants, along with all the resources went to the ground in the late 11th century in England. The survey was a huge undertaking, and the report of that investigation, Domesday Book, was a remarkable performance. There is nothing like it in England until the censuses of the 19th century.
1215: Magna Carta
The "great charter" is best known for the consolidation of judicial rights, including habeas corpus, the right not unlawfully imprisoned. It was also an important first step in removing the power of central authority – King John – and spreading it wider.
His 61st-clause, known as the Security clause, stated that a Council 25 barons are made with the power to overrule the will of the king, by force if necessary.
This was withdrawn by the evil King shortly afterward, and most medieval monarchs completely ignored the document, but it was an early foundation of England – and later the United Kingdom – unwritten constitution.
The Magna Carta – English translation
JOHN, by the grace of God King of England, Lord of Ireland, Duke of Normandy and Aquitaine and Count of Anjou, to his archbishops, bishops, abbots, counts, barons, judges, foresters, sheriffs, stewards, servants, and to all his officials and loyal subjects, greetings.
KNOW that God, for the health of our soul and those of our ancestors and heirs, to the glory of God, the exaltation of the holy Church, and the better ordering of our kingdom, on the advice of our reverend fathers Stephen, archbishop of Canterbury, primate of all England and cardinal of the Holy Roman Church, Henry Archbishop of Dublin, William Bishop of London, Peter bishop of Winchester, Jocelin bishop of Bath and Glastonbury, Hugh bishop of Lincoln, Walter Bishop of Worcester, William bishop of Coventry, Benedict bishop of Rochester, Master Pandulf subdeacon and member of the papal household, Brother Aymeric master of the Knighthood of the Temple in England, William Marshal Earl of Pembroke, William Earl of Salisbury, William earl of Warren, William Earl of Arundel, the Alan Galloway constable of Scotland, Warin Fitz Gerald, Peter Fitz Herbert, Hubert de Burgh seneschal of Poitou, Hugh de Neville, Matthew Fitz Herbert, Thomas Basset, Alan Basset, Philip Daubeny, Robert de Roppeley, John Marshall, John Fitz Hugh, and other loyal subjects:
+ (1) FIRST, THAT WE HAVE TO GOD, by this present charter have confirmed for us and our heirs forever that the English Church be free, and without prejudice to its rights, and its freedoms intact. We want this so must be revealed by the fact that our own free will, before the outbreak of the current dispute between us and our barons, we granted and confirmed by charter the freedom of the Church elections – a right considered one of the greatest necessity and importance to it – and this causes to be confirmed by Pope Innocent III. This freedom we see ourselves, and the desire to be observed in good faith by our heirs in perpetuity.
TO ALL FREE MEN of our Kingdom, we have granted for us and our heirs forever, all the liberties written out below and to keep them and their heirs of us and our heirs:
(2) If any Earl, Baron, or any other person that lands directly of the Crown, for military service, shall die, and at his death his heir shall full age and owe "relief", the heir shall have his inheritance on payment of the ancient scale of 'relief'. That is, the heir or heirs of an earl is paying £ 100 for the whole Earl's Barony, the heir or heirs of a knight 100s. at most for the entire knight 'fee', and any man that owes less shall pay less, according to the ancient custom of 'fees'
(3) But if the heir of such a person aged and a quarter, when he comes of age he received his inheritance without 'relief' or fine.
(4) The guardian of the land of an heir under age It takes only a reasonable turnover, the usual rights, and feudal services. He will do this without destruction or damage to people or property. If we have given the guardianship of the country a sheriff, or to any person answerable to us for the revenue, and he commits destruction or damage, we will exact compensation from him, and the country is entrusted to two worthy and prudent men of the same 'fee', who are accountable to us for income or to the person to whom we they have assigned. If we have given or sold to anyone the guardianship of such land, and he causes destruction or damage, he loses custody of it, and it will be handed over to two worthy and prudent men of the same 'fee', which is the same way accountable to us.
(5) For as long as a guardian the guardianship of such land, he retains the houses, parks, canned fish, ponds, mills, and everything on it, from the income of the country. When the heir comes of age, he falls in the whole country to him, full of crew teams and such implements of husbandry as the season demands and the income from the land can reasonably bear.
(6) heirs can be given in marriage, but not for someone of a lower social status. Before a marriage takes place, it will be made known to the heir next-of-kin.
(7) On the death of her husband, a widow to her marriage portion and inheritance in a time and without problems. They pay nothing for her dowry, marriage portion, or a legacy that she and her husband held jointly on the day of his death. She can stay in the house of her husband for forty days after his death, and within this period her dowry will be assigned to her.
(8) No widow is forced to marry as long as they wished to remain without a husband. But they should give assurance that she will not marry without royal consent, if she holds her State of the Crown, or without the consent of any other Lord, they can retain them.
(9) Neither we nor our Officials will seize any land or rent in payment of a debt, as long as the debtor has movable goods sufficient to discharge the debt. A debtor collateral not seizure as long as the debtor himself can discharge his debt. If lack of money, the debtor is unable to discharge his debt, his sureties to travel for. If they wish, they can rent land and the debtor until they have received satisfaction for the debt they paid for him, unless the debtor can show that his obligations to them regularly.
* (10) As someone who has borrowed a sum of money from Jews dies before the debt is repaid, his heir shall be no interest to pay the debt for as long as he remains under age, no matter who he loves his country. If such a debt falls into the hands of the Crown, it will take nothing except the principal mentioned in the bond.
* (11) If a person dies as a result money to Jews, his wife may have her dower and pay nothing to blame. If he leaves children under age, their needs are provided on a scale appropriate to the size of his holding of lands. The debt is paid from the residue, reserving the as a result of his lords. Amounts owed to persons other than Jews are to be treated with a similar manner.
* (12) No "scutage" or "support" can be levied in our kingdom without its general acceptance unless it is for the ransom of our person, our eldest son a knight, and (once) our eldest daughter married. For these purposes only a reasonable 'aid' may be levied. 'Aids' from the city of London are likewise to be treated.
+ (13) The city of London shall enjoy all its ancient liberties and free customs, both by land and by water. We will and grant that All other cities, towns, cities and ports, all their liberties and free customs to enjoy.
* (14) To obtain the general consent of the realm for the assessment of an 'aid' – except in three cases specified above – or a''escuage ', we will ensure that the archbishops, bishops, abbots, counts, barons, and more to be individually notified by letter. For those who hold land directly from us we will cause a general summons issued by the sheriffs and other officials to meet on a fixed day (of which at least forty days notice shall be given) and at a fixed location. In all letters of summons, The cause of the summons be given. When a summons is issued, the business appointed for the day will go forward in accordance with the resolution of those present, even if not all people who were summoned have appeared.
* (15) In the future we will not allow anyone to "help" his collection of free men, except to ransom his person, his eldest son a knight, and (once) to marry his eldest daughter. For these purposes only a reasonable 'aid' may be levied.
(16) No one is forced to perform more service for 'fee' a knight, or other free holding of land, it is because of it.
(17) Ordinary lawsuits shall not follow the royal court around, but is held at a fixed location.
(18) Inquests of novel disseisin, mort d'ancestor, and darrein offer can only be taken in their proper county court. Ourselves or in our absence abroad our chief justice, send two judges for each county four times a year, and judges, with four knights of the county chosen by the province itself, keeps the assizes in the County Court, on the day and in the place where the court meets.
(19) If an assizes can not be taken on the day of the district court, as many knights are then inherit and own lag behind those who participated in the court, just as sufficient for the administration of justice, given the scale of business to be done.
(20) For a trivial offense, a free man shall be fined only in proportion to the degree of his offense, and a correspondingly serious crime, but not so heavy to rob him of his livelihood. Similarly, a merchant shall be spared his merchandise, a serf, and the implements of his husbandry, if they fall on the mercy of a royal court. None these penalties are imposed, unless the assessment of the oath of reputable men of the neighborhood.
(21) counts and barons shall be fined only by their peers, and in proportion to the seriousness of their offense.
(22) A fine imposed upon the lay property of a clerk in holy orders are assessed on the same principles, without reference to the value of his ecclesiastical benefice.
(23) No town or person is forced to build bridges over rivers except those with a previous obligation to to do so.
(24) No sheriff, Constable, coroners, or other royal officials lawsuits held by the royal justices to hold.
* (25) Every county, hundred, take arms, and riding, the old rent, without increase, except the royal estate with pool.
(26) Where the death of a man who holds a lay 'fee' of the Crown, a sheriff or royal official produces royal letters patent of summons for a debt to the Crown, it shall be lawful for them to seize goods and chattels found in the lay 'fee' of the dead man to the value of the debt, as assessed by worthy List of men. Nothing removed until the entire debt is paid, when the residue is passed to the executors to carry out the dead man wants. If no debt is due to the Crown, all the movable property are considered as belonging to the dead man, except for reasonable share of his wife and children.
* (27) as a free man dies intestate, his movable property to be distributed by his next-of-kin and friends, under the supervision of the Church. The rights of his debtors are to be retained.
(28) No constable or other royal official shall take corn or other movable property of any man without immediate payment, unless the seller voluntarily offers postponement of this.
(29) No agent can force a knight to pay money for castle-guard if the knight is willing to guard himself in person or with a reasonable excuse for a number of other healthy man to do provide. A knight taken or sent on military service shall be excused from castle-guard for the period of this service.
(30) No sheriff, royal official, or other person shall take horses or carts for transport of a free man, without his consent.
(31) Neither we nor any royal official will take wood our castle, or for any other purpose without the consent of the owner.
(32) We will not keep the countries of the people convicted of a crime in our hand for more than one year and one day, after which they are returned to the lords of the 'fees'.
(33) All fish-weirs shall be removed from the Thames, the Medway and throughout England, except on the sea.
(34) The writ called ESPERANTO will in future be issued to anyone with respect a company in the country as a free man could thereby be deprived of the right of trial in the courtroom his Lord.
(35) is standard measures wine, beer, and corn (the London quarter), the whole kingdom. There is also a standard width of dyed cloth, russet and haber project, namely two Ells within the selvages. Weights are similarly to be standardized.
(36) In future nothing shall be paid or accepted for issuing a writ of inquisition of life or limb. It is given free, and not denied.
(37) If a man holds land of the Crown by the 'fee-farm', 'SOCAGE', or 'burgage', and also holds land of someone else for knight service, we will not have guardianship of his heir, nor of the land belonging to another person 'fee', under the 'fee-farm', 'SOCAGE', or 'burgage ", unless the' fee-farm 'owes knight service. We will not the guardianship of the heir of a man, or the country he someone else, as a result of a small house he owns the Crown for a service of knives, arrows, or similar.
(38) In future no official shall a man on trial in his own unsupported statement, without credible witnesses of its truth.
+ (39) No free man shall be seized or put in prison and stripped of his rights or possessions, or banned or exiled, or deprived of his standing on one another way, nor will we proceed with force against him, or send others to do except by the lawful discretion of his equals or by the law of the land.
+ (40) To no one will we sell, to none deny or delay right or justice.
(41) All merchants may enter or leave England unharmed and without fear, and may stay or travel within it, by land or water, for purposes of trade, free from all illegal exactions, in accordance with ancient and lawful customs. However, this is not apply in time of war to merchants from a country at war with us. Such merchants found in our country at the outbreak of war held without damaging their persons or property, until we or our chief justice have discovered how our merchants be treated in the country is at war with us. If our own merchants are safe they are safe are.
* (42) In future it shall be lawful for any man to leave and return to our kingdom unharmed and without fear, by land or sea, retaining its faithful to us, except in time of war, for a short period, for the common benefit of the empire. People caught or banned in accordance with the law of the land, people from a country at war with us, and merchants – who is treated as mentioned above – are excepted from this provision.
(43) If a man holds land of 'Escheat' such as the 'honor' of Wallingford, Nottingham, Boulogne, Lancaster, or other 'Escheats' in our hand, baronies, at his death his heir will give us only the 'relief' and service that he would have done to the baron, had the barony been in the hands of the baron. We hold the 'escheat' same manner as the baron held it.
(44) People who live outside the forest need not in future appear before the royal justices of the forest in response to the general summonses, unless they are actually involved in the proceeding or sureties for someone who has been seized for a forest offense.
* (45) We will appoint as judges, police officers, sheriffs or other officials, only men that the law of the state to learn and to keep his mind well.
(46) All barons who founded abbeys, and charters of English kings or ancient tenure as evidence of this, the guardianship of them when there is no abbot, as is their due.
(47) All forests created in our reign shall at once be disafforested. River-banks that are embedded in our reign shall be treated equally.
* (48) All evil customs relating to forests and Warrens, foresters, Warre extenders, sheriffs and their servants, or river-banks and their guards at one time and be examined in each province by twelve sworn knights of the county, and within forty days after their examination of evil customs are to be abolished completely and irrevocably. But we, or our Chief Justice as we are not in England, his first to know.
* (49) We will at once return all hostages and charters delivered to us by Englishmen as security for peace or loyalty.
* (50) We will be completely removed from their offices the kinsmen of Gerard de Athée, and in future they shall hold no offices in England. The people in question are the Engelard Cigogne, Peter, Guy and Andrew de Chanceaux, Guy de Cigogne, Geoffrey de Martigny and his brothers, Philip Marc and his brothers, with Geoffrey his nephew, and all their followers.
* (51) Once peace is restored, we will remove it from the realm all foreign knights, archers, their companions and the mercenaries who have come to her injury, with horses and weapons.
* (52) to a man we have deprived or robbed of lands, castles, liberties or rights, without the legitimate opinion of his peers, we will at once restore these. In case of dispute the matter shall be resolved by the decision of the twenty-five barons below in clause for securing the peace. However, in cases where a man was robbed or deprived of something without the lawful order of his equals by our father King Henry or our brother King Richard, and it remains in our hands or is held by others under our warranty, we will postpone for the period commonly allowed Crusaders, unless a lawsuit had begun, or had made an inquiry on our order before we took the Cross as a crusader. On our return from the Crusade, or if we waive, we will be a time to make justice in full.
* (53) We would like respite rendering justice related to forests to be disafforested, or to remain forests, when it first became forested by our father Henry or our brother Richard, the guardianship of lands in another person 'fee', as we previously was based on a 'Fee' loved us for knight service by third party, and with abbeys founded in another person a 'fee', which Mr progress the 'fee' to a right itself. On our return from the Crusade, or if we waive, we will at once do full justice to complaints about these matters.
(54) No person shall be arrested or imprisoned on the appeal of a woman for the death of a person except her husband.
* (55) All fines that have been wrongly given to us and against the law of the land, and all fines that we wrongly enforced, are entirely remitted or the matter decided by a majority verdict the twenty-five barons below in the clause for securing the peace together with Stephen, archbishop of Canterbury, if he be present, and others as he wants to do with him. If the archbishop can not be present, the proceedings shall continue without him, provided that if one of the twenty-five barons has been involved in a similar suit himself, his case will be destroyed, and someone else chosen and sworn in his place, as a substitute for the single occasion, the remainder of twenty-five.
(56) If we have deprived or dispossessed any Welshmen of lands, liberties, or anything else in England or Wales, without lawful Judgement of their peers, these are a return send it to them. A dispute on this point is determined in the Marches by the judgments of peers. English law applies to holdings of land in England, Welsh law in Wales, and the law of the Marches to those in the Marches. The Welsh us and treats us the same way.
* (57) In cases where a Welshman was deprived or robbed of everything, without the legitimate opinion of his peers, by our father King Henry or our brother King Richard, and it remains in our hands or is held by others under our warranty, we will postpone for the period commonly allowed to Crusaders, unless a lawsuit was commenced, or an inquiry was made on our order before we took the Cross as a crusader. But on our return from the Crusade, or if we leave it, we will be fully realized in a single session under the laws of Wales and the regions.
* (58) We will come back here, the son of Llywelyn, all Welsh hostages, and the charters delivered to us as security for peace.
* (59) Regarding the return of the sisters and hostages of Alexander, King of Scotland, his liberties and rights, we will treat him the same way as our other barons of England, unless it appears from the charters that we from his father William, formerly king of Scotland, he should be treated differently. This issue is resolved by Case his peers in our court.
(60) All these customs and liberties we have granted shall be observed in our kingdom as regards our relations with our subjects. Let all men of our kingdom, whether clergy or laymen, observe them also in their relations with their own men.
* (61) We have given all these things for God, for the better ordering of our kingdom, and the discord that has arisen between us and our barons take away, and because we want them to be enjoyed in their entirety, with staying power, forever, we grant to the barons the following security measures:
The barons shall elect twenty-five of their number to keep, and cause to comply with all their might, the peace and liberties granted and confirmed to them by this charter.
If we, our chief justice, our officials, or one of our staff to offend in any way against any person, or violates any of the articles of peace or of this security, and the offense is made known to four of these twenty-five barons, they shall come with us – or in our absence from the kingdom to the chief justice – to declare it and claim immediate redress. If we, or in our absence abroad, the Chief Justice, make no redress within forty days from the day when the offense was declared to us or him, the four barons, the matter for the remainder of twenty-five barons, who may go on and assail us in every possible way, with the support of the whole community of the country, by capitalizing on our castles, land, property, or anything else saving only our own and that of the queen and our children, until they secured such redress as they have adopted. To have secured compensation, then they can resume their normal obedience to us.
Every man who wishes to take an oath to the commands of the twenty-five barons for the achievement these purposes to obey, and join them to attack us with the utmost of his power. We give public and free permission to this oath to a man who wishes and at no time will we prohibit a man taking it. Indeed, we will compel any of our subjects who are not willing to take it to swear our mission.
As one of the twenty-five barons dies or leaves the country or indisposed in a different way of discharging his duties, the rest of them choose another baron in his place; discretion, duly sworn in as they were.
In case of disagreement between the twenty five barons on any matter referred to them decision, the decision of the majority present shall have the same validity as a unanimous verdict of the entire twenty-five or these were all present or some of the recalled who were unwilling or unable to appear.
The twenty-five barons swear allegiance to all of the above items, and will ensure that they are followed by others to the best of their power.
We will not try to buy from anyone, either through their own efforts or those of third parties, something that some of these concessions or freedoms could be withdrawn or reduced. If such a thing be procured, it is invalid and we will not at any time using it ourselves or through third party.
* (62) We have remitted and pardoned fully to all men any ill will, hurt, or grudges that have arisen between us and our subjects, clergy or or laymen, since the beginning of the dispute. We also have complete remission and for our own part have also forgive all clergy and laymen in criminal if committed Due to this dispute between Easter in the sixteenth year of our reign (ie 1215) and the restoration of peace.
In addition we have caused letters Pat made the barons, bearing witness to this security and the concessions outlined above, the seals of Stephen archbishop of Canterbury, Henry archbishop Dublin, the other bishops mentioned above, and Master Pandulf.
* (63) Accordingly, it is our wish and command that the English Church be free, and that men in our kingdom have and hold all these freedoms, rights and concessions, well and peaceably in their fullness and entirety for them and their heirs from us and our heirs, in all things and all places for ever.
Both we and the barons have sworn that all observed in good faith and without deceit. Witness the abovementioned people and many others.
Given by our hand in the meadow called Runnymede, between Windsor and Staines, on the fifteenth day of June in the seventeenth year of our reign (ie 1215: The new government started years years on May 28).
Notes
As might be expected, the text of Magna Carta of 1215 bears many traces of haste, and is clearly the product of much consultation and many hands. Most of its clauses deal with specific and often lengthy, complaints rather than the general rule of law. Some of the complaints are self-explanatory: others can only be understood in the context of feudal society in which they arose. A pair of clauses, The exact meaning is still a matter of argument.
In feudal society, the king of their land barons "in fee" (feudum), which the king for an oath of allegiance and obedience to him, and the obligation to provide him with a fixed number of knights whenever these were needed for military service. First the barons of the knights by dividing their estates (of which the largest and most important were known as "honors") into smaller parcels described as 'knights' fees', which they distributed to tenants able to serve as knights. But by the time of King John it had become convenient and usual for the obligation for service to be converted to a cash payment known as''escuage '", and the revenue thus obtained should be used to maintain paid armies.
Besides military service, feudal custom allowed the king to make certain other exactions from his barons. In times of need, and on special occasions such as marriage his eldest daughter, he could ask them a financial levy known as an "aid" (Auxilium).
When a baron died, he was a succession privilege or exemption (relevium) question of the heir of the baron. If there is no heir, or if the succession was disputed, the baron lands could be forfeited or 'escheated' to the Crown. If the heir was younger, the king could assume the guardianship of his estates, and enjoy all the benefits of them – even to the extent of deprivation – until the heir came of age.
The king had the right, if he chose, to sell such a guardianship to the highest bidder, and sell the heir himself in marriage for a such price as the value of his property would command. The widows and daughters of barons could also be sold in marriage. With their own tenants, the barons could deal also.
The scope for extortion and abuse in this system, if not applied favorably, was excellent and had been the subject of a complaint long before King John came to the throne. Abuses were also compounded by the difficulty of obtaining redress for them, and in Magna Carta the provision of resources for obtaining fair handling of complaints, not only against the king and his agents but against lesser feudal lords, achieves similar interest.
About two thirds of the clauses of Magna Carta in 1215 relate to things like this, and the abuse of powers by royal officials.
Regarding other issues, the first paragraph, to give the freedom of the Church, especially the confirmation of its right to elect its own dignitaries without royal interference, reflects John dispute with the Pope over Stephen Langton's election as archbishop of Canterbury. It does not appear in the "Articles of the Barons', and his phrasing somewhat artificial seems partly to try their entry, no justification for less, the Charter itself. The clauses dealing with the royal forests, which the king had special powers and jurisdiction, reflect the turmoil and fears that had arisen under a long-term tendency for the royal forest boundaries, to the detriment of the holders of the affected countries.
Those dealing with debt reflect administrative problems created by the chronic shortage of cash at the upper and middle classes, and their need to resort to moneylenders when necessary.
The clause promising the removal of fish weirs were designed to make navigation of rivers easier.
A number of clauses dealing with the particular circumstances surrounding the making of the charter, and, as might be found in a treaty of peace. Others, such as those relating to the City of London traders clearly represent concessions to special interests.
1376: The first speaker of the House of Commons is appointed
An English Parliament had since the late 13th century, and was divided into two houses since 1341, with knights and burghers are in what became known as the House of Commons, while the clergy and nobility sat in the House of Lords. However, her duties mostly consisted of the ratification of taxes for the Crown. In 1376, Thomas de la Mare was appointed to the king to deal with complaints about taxes and the Commons for the first part off the King's ministers. While de la Mare was put in prison for his actions, the House made the position of Speaker to permanently represent Commons. Above is Betty Boothroyd, the Speaker from 1992 to 2000.
English Petition of Right in 1628 the parliament approved the Petition of Right in 1628 in response to a number of perceived violations of the law of Charles I in the first years of his rule. In 1626, Charles had convened Parliament in an attempt to obtain needed resources for the continuation of his failed war with Spain. Unhappy with the prosecution of the war, but the parliament began impeachment proceedings against fast favorite and chief adviser Charles, Duke of Buckingham. In order to protect Buckingham, Charles was forced order to dissolve Parliament before the vote had any subsidies. Left without the use of parliamentary taxation, Charles resorted to two types of extra-parliamentary tax for the resources he needed to increase – a goodwill and a forced loan – Those of dubious legality at best. He also began to billet soldiers in civilian homes, both as a cost saving measure and as a means of punishing his political opponents.
Referring to the Forced Loan of illegality, and a number of gentlemen refused to pay, and many of them were put in prison as a result. Eventually five of the trapped men – the "five knights" (Because they all knights) request the Court of Kings Bench for writs of habeas corpus to force the government to give reasons for their detention. Seeking to avoid a direct challenge to the legality of the Loan, Charles refused to charge the detainees with a specific offense, rather than with the return to the writs that the Knights were held back by Special Mandatum Domini Regis "(" by special command of our king "). – In the resulting hearings for the King's Bench the famous five knights case – lawyer of the Knights argued that imprisonment by special command "represents a fundamental violation of the principle of a fair trial of chapter twenty-nine of Magna Carta, which states declared that imprisonment could only act in accordance with the law of the land. The five knights' lawyer argued, therefore, that the king, after receiving a writ of habeas corpus, a specific cause of detention to return, which is amenable to review by the court. In contrast, Robert Heath, the Attorney General, claimed that the king for a law to captured by the royal command for reasons of State had, and these arrests could not be challenged by habeas corpus.
Faced with conflicting precedents, and undoubtedly political pressure, the Court decided to order the Knights to jail, while taking the matter under consideration. Although unclear, that decision was taken as a great victory for the king, and a significant blow to opponents of his extra-legal policy. It was largely a desire for immediate overturn this ruling that the primary impetus was provided in the House of Commons decision to the Petition of Right to create the next Parliament.
The Habeas Corpus Act 1679 is an Act of Parliament passed in England during the reign of King Charles 11 to define and strengthen the ancient prerogative writ of habeas corpus, whereby persons unlawfully detained can not be ordered to be prosecuted before a court.
The law is often wrongly described as the origin of the writ of habeas corpus, which had existed for at least three centuries before. The Act of 1679 followed an earlier act of 1640 which was that the mission of the King or the Council Privvy was no answer to a petition of habeas corpus. Further Habeas Corpus Acts were passed by the British Parliament in 1803, 1804, 1816 and 1862, but it is the law of 1679 that are remembered as one of the most important laws in English constitutional history. Although modified, remains the statute book to on this day.
The law came about because the Earl of Shaftesbury encouraged his friends in the House of Commons passed the Bill where it was and then to the Lords to enter. Shaftesbury was the lead-Exclusionist those who wanted to close Charles II's brother James, Duke of York from the succession and the Bill was a part of that struggle as they believed James would be arbitrary rule. The gentlemen decided to add a lot Wrecking amendments to the bill in an attempt to kill him, the House of Commons had no choice but to bill the Lords' amendments, because they quickly learned that the king put an end to the current parliamentary session.
The bill went back and forth between the two house, and then the Lords voted on the question or set up a conference on the bill. When this motion was rejected, the bill would stay in the House of Commons and therefore have no chance of passing. Each side-by votes appointed a counter-counter that stood on either side of the door where the Lords who voted "aye" re-entered the House (the "nays" remained seated). A cashier would count out loud while the other counter listened and kept watch to know when the other counter was telling the truth. Shaftesbury's faction had voted for the motion, so they went out and went back into the house. Gilbert Burnet, one of Shaftesbury friends, recorded what happened then:
Lord Grey and Lord Norris were named the tellers: Mr. Norris, a man subjected to fumes, was not always attentive to what he did, yes, a very fat replaces Lord, Lord Grey considered him as ten, as a joke at first: but seeing Lord Norris had not noticed, he continued with this misreckoning ten: it was reported that they were for the Bill were in the majority, although it was indeed the other hand, which means the bill passed.
The clerk in the minutes of the Lords that the "ayes" had fifty-seven and "nays" had fifty-five, a total of 112, but the same minutes also note that only 107 Lords had attended the meeting.
The king arrived shortly afterwards and gave Royal Assent before proroguing Parliament. The law is now stored in the parliamentary archives.
1688: The Great Revolution
The Civil War a few years earlier had removed the monarchy, and then in a weakened form, which weakened the stage for the 'constitutional monarchy' that we have today. But it was the arrival of William of Orange from the Netherlands to the throne of James II, which led to the creation of the Bill of Rights to take avoid constitutional absolute rule of the Kings and Queens of Britain these days, and leaving the European Parliament as the true seat of power in the country.
The The English Bill of Rights 1689 Bill of Rights was passed by Parliament in December 1689. It was a re-statement of the legal form of the Declaration of Right presented by the Convention Parliament to William and Mary in March 1688, inviting them to become joint monarchs of England. It enumerates certain rights to which subjects and permanent residents of a constitutional monarchy was thought that the law in the late 17th century, valid subjects' right to petition the monarch, so good arms in defense. It also includes out-of, in the opinion of its authors, repeat, certain constitutional provisions of the Crown to ask permission of the people as represented in parliament.
Together with The 1701 Act of Settlement of the Bill of Rights is still in force, one of the main constitutional laws governing the succession to the throne of the United Kingdom and followingBritish colonialism, the consequent doctrine of reception, and independence-the thrones of the other Commonwealth realms, prepared by a respect for the law and British law or as a patriated part of the constitution of the particularly rich. Since the implementation of the Statute of the Statute of Westminster in each of the Commonwealth realms (on successive dates from 1931) of the Bill of Rights can not be changed except by an empire that area its own parliament, and then, by convention, and as it touches on the succession to the throne shared only consent of all other kingdoms.
In the UK, the Bill of Rights go together with the Magna Carta, Habeas Corpus Act 1679 and decrees of 1911 and 1949 as one of the basic documents of the uncodified British Constitution. Another, but a similar document, the claim of Right Act applies in Scotland. The 1689 English Bill of Rights inspired for a large part of the United States Bill of Rights.
July 4, 1776 Declaration of Independence, the U.S. Congress formally declares the separation of the thirteen colonies of Great Britain through the Declaration of Independence.
September 17, 1787 Constitution of the United States The Constitution of the United States signed and then ratified the following year. It claims the system of the federal government begins to operate from 1789.
December 15, 1791 American Bill of Rights based on the English Bill of Rights – The American Bill of Rights was added to the U.S. Constitution as the first ten amendments.
1832: The Reform Act
The democracy of species existed in England for centuries – as far back as 1432, Henry VI sent pictures declare who was eligible to vote (male owners of the land worth at least 40 shillings, or a freehold – maybe half million people nationwide). However, the provinces and municipalities that sent members to Parliament were of wildly different sizes. The county of Yorkshire, more than 20,000 people, and the Westminster district had about 12,000, but sent a representative in the Commons – as, For example, Dunwich, which had 32 voters, or Gatton, of which seven were.
The Reform Act increased suffrage to over one million, or about one in six of all adult males, because males that property rented above a certain value to vote. Also tore the medieval boundaries of the provinces and municipalities, allowing more proportional representation of the cities that had surfaced since the Industrial Revolution. A second law, in 1837, empower all male household heads, regardless of value.
1913: Emily Davison's death
Campaigns for women's suffrage to go as far back as 1817, when the utilitarian philosopher Jeremy Bentham wrote Plan parliamentary reform in the form of a catechism. William Thompson and Anna Wheeler also has a pamphlet on the subject in 1825. However, despite these green shoots of support, Act 1832 for the first time expressly limited voting rights to "male persons". It was not until 1861, when John Stuart Mill published the subjugation of women, the movement began to gain momentum.
In 1893, New Zealand became the first autonomous countries to allow women to vote. In Britain, the progress was slower, and in the early 20th century women took to the direct and sometimes violent action, linking themselves to railings, arson attacks, and even bombings. Many were captured, and some went on hunger strike. Emily Davison died at the Epsom Derby in 1913, when she walked in front of the horse of the king, Anmer, clutching the banner of the Women's Social and Political Union. It was around this time that the originally derogatory term 'Suffragette' was coined in a Daily Mail article.
1918: The Representation of the People Act
World War I could not be said to have had many silver linings, but it gave the British women – who had spent the past four years in a country devoid of young men, keep the war running in munitions factories and farms – a renewed political confidence. The 1918 Act recognized that not only these women, but a lot of soldiers who supposedly had fought for British democracy still were unable to vote. It removed all restrictions on properties of male voters, and allowed women to vote for the first time – although not those under 30, and with property restrictions – and stand. The first wife, Nancy Astor, was elected to Parliament Only 18 months later, in Plymouth Sutton. Ten years later they lifted the restrictions on women, allowing them to vote at 21, whether or not they own property.
10 December 1948 the Universal Declaration of Human Rights. The United Nations adopted the Universal Declaration of Human Rights.
1969: The representation Law of the People
After a final gap was closed in 1948 – strange, until that point, about seven percent of voters had two votes per person – their votes release in the UK achieved in essentially the modern state in 1969, when Harold Wilson government of the voting age for all citizens dropped 21 to 18. Further actions in 1983, 1985 and 2000 changed the laws on prisoners and overseas voters (essentially, convicted felons can not vote while in prison, expats can still their last constituency to vote for 15 years after they leave the country, and tourists can vote by postal ballot or proxy). In 2000 a constitutional bias against gray "Lunatics" weakened mental hospitals could be designated as the registration address.
October 2, 2000 UK Human Rights Act The UK Human Rights Act 1998 came into force. This makes the European Convention on Human Rights enforceable in UK courts. (As an Englishman this is one of the worst prepared Acts in the history of the British Constitution.)
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The Britain Chinese call 'The Island of the Hero's "which I think sums up what we're all about British. We Brits are inquisitive and are always competitive and looking over the horizon to the next adventure and discovery.
Copyright © 2010 Paul Hussey. All rights reserved.
About the Author
My family tree has been traced back to the early Kings of England from the 7th Century AD. I am also a direct descendent of Sir Christopher Wren which has given me an interest in English History which is great fun to research.
I have recently decided to write articles on my favourite subjects: English Sports, English History, English Icons, English Discoveries and English Inventions. At present I have written over 100 articles which I call “An Englishman’s Favourite Bits Of England” in various Volumes. Please visit my fun Blogs page http://Bloggs.Resourcez.Com where I have listed all my fun articles to date.
Copyright © 2010 Paul Hussey. All Rights Reserved.
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