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The Rights of Englishmen. Chapter 5 Section 2 (Pt I). Justice & Self-Govt. Through out the colonies, free settlers enjoyed the “Rights of Englishmen”. English basic rights had been developed over centuries for subjects of the King and Queen
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The Rights of Englishmen Chapter 5 Section 2 (Pt I)
Justice & Self-Govt • Through out the colonies, free settlers enjoyed the “Rights of Englishmen”. • English basic rights had been developed over centuries for subjects of the King and Queen • The first step in guaranteeing these rights came in 1215 when King John signed the Magna Carta • “Great Charter” guaranteeing English political and civil liberties. • Historical major step in the growth of a constitutional government by limiting the power of the monarchy (King is not above the law) • Only between the King and the Nobility. • no taxation without consent • property could not be seized by the king or his officials • trial by jury of their peers • Rights promised by the Magna Carta expanded overtime, becoming the foundation of American Democracy.
Parliament & Colonial Govt. • Created in 1258, Parliament, England’s lawmaking branch • Parliament was bicameral, or had two houses: • House of Commons • Members were freely elected by eligible voters who owned large amounts of land but were not Nobles. • House of Lords • Nonelected Lords, Nobles, & Clergy • English colonists valued this representative form govt. & it followed them to America • W/ the King 1000’s of miles away, self-govt became the norm in the colonies • In turn, colonists set up their own legislatures to fill the void • Relationships btwn these assemblies & Parliament was awkward • Parliament maintained “ultimate authority” & colonists often disagreed w/ laws that it passed such as the Navigation Acts. • These conflicts began to become more intense by the late 1600’s
English Rights Threatened • King Charles II cancels Massachusetts charter which gave them the right of self-government. • By 1685 Charles brother James becomes king and carries out Charles desire to strengthen royal power. • Result: Appointed governor Edmund Andros ends representative assemblies and town meetings. • Effect- Colonist refuse to pay taxes and were often jailed for protesting.
Glorious Revolution & Bill of Rights • In 1687, King James dismissed British Parliament which enraged the English people • Secretly, Parliament offered the English throne to William & Mary of the Netherlands • King James fled the country in 1688 • This transfer of power, via a bloodless revolution, became known as the Glorious Revolution • Part of the agreement btwn Parliament and William & Mary was the drafting & upholding of an English Bill of Rights • This was a specific list of rights that the Monarchy could not override • Monarch could not cancel laws or impose taxes without Parliaments consent • Free elections and frequent sessions of Parliament must be held • Excessive fines or cruel punishments were forbidden • People could complain to the monarch in Parliament without being arrested • The rights of the English people were strengthened and brought these ideas and principles with the to the colonies.
Salutary Neglect & A New Right • After the Glorious Revolution, England very rarely interfered in colonial affairs • This hands-off policy, known as “salutary neglect” encouraged colonists to govern themselves • Colonists quickly got used to acting independently • In 1735, Colonists moved toward gaining the new, important right of freedom of the press • John Peter Zenger, publisher of the NY Weekly Journal, stood trial for printing criticism of NY’s Governor • His paper claimed that the governor accepted bribes, illegally removed judges, & tried to fix an election • At the time it was illegal to criticize public officials publicly • Zenger’s lawyer argued that his claims were based in truth & people had the right to speak truthfully • The jury agreed, Zenger was released, & freedom of the press was established