British Constitutional History

What is the correct title of the document often referred to as 'The Magna Carta'?

It is simply 'Magna Carta'.

What significant event in 1066 led to the establishment of a French aristocracy in England?

The Norman Invasion.

Who led the Norman Invasion of England in 1066?

William the Conqueror.

Describe the structure of British society at the time of Magna Carta.

The king was at the top of the feudal pyramid, with nobles, clergy, and 'free men' below him, and serfs at the bottom.

What was the relationship between wealth and poverty in the feudal system of the time?

The system benefited a few while causing poverty for many.

Who was King John's father and what was his significance?

Henry II, who was the first of his line to rule England and married into the Norman ruling family.

What was King Richard I's nickname and what was notable about his reign?

He was known as 'the Lionheart' and spent much on crusades.

What led to King John's poor reputation as a ruler?

His vindictive nature and a series of expensive, failed campaigns to retain French territory.

What was the consequence of King John's conflict with the church?

The Pope suspended the operations of the English church, preventing sacraments and Christian burials for 6 years.

What did King John do in response to the Pope's suspension of church operations?

He imposed heavier taxation on the clergy and barons.

What action did the barons take against King John?

They began to demand changes and ultimately forced him to sign the Magna Carta in 1215.

What precedent existed before the Magna Carta that outlined expectations for a king's rule?

King Henry's Coronation Charter.

What are some key principles included in the Magna Carta?

Rule of Law, Due Process, Fairness of Laws, Economic Rights, and Enforcement of Feudal Rights.

What issues addressed in the Magna Carta are not relevant today?

Weights and measures, a peace treaty between John and the barons, and navigation of English rivers.

What was King John's attitude towards the long-term survival of the Magna Carta?

He had no interest in allowing its long-term survival.

What did King John do after signing the Magna Carta?

He sent a copy of it to the Pope.

What was the Pope's response to the Magna Carta?

The Pope rejected it.

What was the state of King John's relationship with the church by the time Magna Carta was signed?

He was back on good terms with the church.

What was the significance of the Magna Carta in relation to feudal rights?

It aimed to rectify John's repeated violations of the expectations of the feudal system.

How did the barons feel about King John's heavy taxation?

They were opposed to it, leading to their demands for change.

What was the outcome of the barons' pressure on King John?

They successfully forced him to sign the Magna Carta.

What principle did the idea of a sovereign being answerable to his subjects violate?

The divine right principle.

What event broke out 10 weeks after the creation of the Magna Carta?

Civil War.

How long did the Civil War last and what was one significant external factor involved?

About two years, involving a French invasion of English territories.

What happened in October of 1216 regarding King John?

King John died of dysentery.

Who took over after King John's death and what was the goal of the advisors?

Nine-year-old Henry III took over; his advisors aimed to gain the loyalty of the barons.

When was a revised version of the Magna Carta reissued and what was its purpose?

In November of 1216, to regain the loyalty of the barons.

What significant change occurred when Henry III reissued the Magna Carta in 1225?

It was reissued to gain support for taxation but lost many clauses specific to the original dispute.

What fundamental idea did the repeated reissuing of the Magna Carta instill?

The idea that there were fundamental rights that could not be denied.

What term was used in the Magna Carta for the first time, and what idea did it create?

'Community of the realm'; it created the idea of a political community benefiting from policies.

What demand did the Magna Carta make regarding taxation?

Taxes could only be imposed after the 'common counsel of the realm'.

What sense did the Magna Carta embed in English society?

That England was a land of liberties.

What significant change occurred in Parliament in 1332?

The House of Commons became a permanent institution.

What demand did Edward III make regarding Parliament?

That Parliament meet annually, not just when taxes were needed.

What precedent did Edward III set for Parliament's role in governance?

Parliament would have a regular say in governance.

What happened to the monarchy after Queen Elizabeth's death?

The Stuart kings, who had absolutist tendencies and were Catholics, took over.

Who were the Stuart kings mentioned in the notes?

James, Charles, Charles, and James.

What was a key characteristic of the Stuart kings' rule?

They adhered to absolutist principles and the divine right of kings.

What did the Magna Carta fail to achieve regarding kings' behavior?

It did not stop kings from behaving badly.

What did the Magna Carta fail to create in terms of justice?

It did not create equal justice for rich and poor.

What was one of the main purposes of the Magna Carta?

To establish the idea of fundamental rights above any individual king.

Who was Sir Edward Coke?

A prominent English jurist in the early 1600s who opposed the absolutist Stuarts and became a member of the House of Commons in 1620.

What role did the House of Commons play during Coke's membership?

It became the primary location of opposition to the crown.

What was the conflict between James I and Parliament regarding?

James I was accused of spreading 'Popery' and his son planned a Catholic wedding, leading to complaints from Coke and Parliament.

What was James I's response to Parliament's complaints?

He claimed that Parliament's governing role was granted by previous kings, not because it was natural or deserved.

What was the Protestation of 1621?

A claim by members of Parliament asserting their role in English government and their rights, including freedom of speech.

What happened to Coke after the Protestation?

King James tore pages from the Commons journal and imprisoned Coke in the Tower of London for 7 months.

What was Charles I's approach to absolutism?

He pushed absolutism to the extreme, dissolved Parliament in 1626, forced loans, dismissed judges, and billeted soldiers in homes.

What was the Star Chamber?

A royal court used by the king as a tool of absolutism to examine sedition, ruling always in the king's favor without public juries.

What was the 5 Knights Case?

A case where five knights were imprisoned by the king without trial for refusing a forced loan, and the king's court ruled that Habeas Corpus did not apply.

What did Coke mean by 'Shall I be made a tenant-at-will for my own liberties'?

He questioned the legitimacy of being deprived of personal liberties while owning property.

What is the Ancient Constitution theory?

A theory developed by Coke asserting that English laws and liberties predated the 1066 Norman Invasion and were confirmed by William the Conqueror.

What rights did the Ancient Constitution claim?

That rights originated from society and had never been conferred by kings, thus the Stuarts had no right to take them away.

What was the significance of the 1628 Parliament and the Petition of Right?

Coke encouraged its writing, and it was passed as a statute asserting the liberties of Englishmen as positive rights.

What historical document did the Petition of Right cite?

The Magna Carta.

What actions were asserted to be beyond the King's authority in the Petition of Right?

Certain actions that violated the liberties of Englishmen.

What was the impact of Coke's theories on English governance?

They provided a foundation for opposing Stuart absolutism and asserting parliamentary rights.

How did Coke's views influence the role of Parliament?

He helped establish Parliament as a legitimate body representing the people against the crown.

What was the main argument of the Protestation regarding Parliament's role?

That the liberties and privileges of Parliament were the birthright of English subjects and essential for governance.

What was the outcome of Coke's imprisonment?

Despite his imprisonment, the king maintained his power and could act without legal constraints.

What did Coke's theories suggest about the relationship between the monarchy and the law?

They suggested that the monarchy should not have absolute power and that laws and rights were rooted in society.

What did the Petition of Right ultimately seek to protect?

The rights and liberties of Englishmen from royal overreach.

How did the actions of Charles I contribute to the conflict with Parliament?

His extreme absolutism and disregard for parliamentary authority led to significant tensions and opposition.

What was the significance of the Magna Carta in relation to the king's authority?

The Magna Carta had no enforcement mechanisms, which the king exploited by ignoring it.

What happened to Parliament during the king's rule after the Magna Carta?

The king dismissed Parliament for 12 years.

Who were the Levelers and what did they advocate for?

The Levelers were radical members of Parliament who believed in popular sovereignty and sought to limit Parliament's powers through a written document.

What was the outcome of the English Civil War?

The House of Commons defeated the King, leading to the execution of Charles I in 1649.

What led to the failure of the Commonwealth under Oliver Cromwell?

Cromwell turned to force instead of law, ultimately becoming a dictator.

What was the Glorious Revolution?

The Glorious Revolution involved the overthrow of James II, leading to the invitation of William of Orange and Mary to the throne.

What was the English Bill of Rights and what did it establish?

The English Bill of Rights established limits on royal prerogative, ensured free elections, free speech in Parliament, and prohibited excessive bail and cruel punishment.

Who was William Blackstone and what was his contribution to law?

William Blackstone was an 18th-century English jurist who wrote 'Commentaries on the Laws of England' and influenced the understanding of English Common Law.

What is Common Law and how did it develop?

Common Law developed from royal courts noting local customs after the Norman conquest, relying on precedents built over time.

What was the goal of Blackstone's Commentaries on the Laws of England?

The goal was to organize and make sense of the unruly common law and make it accessible to the common man.

How did Blackstone view the role of judges in Common Law?

Blackstone viewed judges as using reason to find true common law, rather than simply making law.

What was a significant change in governance after the Restoration of Charles II?

Charles II toned down on absolutism after witnessing his father's execution.

What actions did James II take that led to his downfall?

James II reasserted his Catholicism, dissolved Parliament, and fled under pressure in 1688.

What were the extra-legal methods used to resolve the power vacuum after James II?

An extra-legal Parliament was called, inviting William of Orange and Mary to the throne.

What were some key provisions of the English Bill of Rights?

Key provisions included the cessation of attacks on Parliament, free elections, frequent meetings of Parliament, and limitations on the royal prerogative.

What was the impact of the English Bill of Rights on the monarchy?

It limited the powers of the monarchy and established parliamentary sovereignty.

What does the term 'sovereignty' mean in the context of the Levelers' beliefs?

The Levelers believed that the people, not Parliament or the monarch, should be sovereign.

What was the significance of the phrase 'no raising an army in peacetime' in the English Bill of Rights?

It prevented the monarch from maintaining a standing army without Parliament's consent during peacetime.

What did the phrase 'no cruel and unusual punishment' signify in the English Bill of Rights?

It established a legal standard against inhumane treatment in the justice system.

What was the historical context of the English Bill of Rights?

It was established during the Glorious Revolution as a response to the abuses of power by James II.

What was the significance of the execution of Charles I in 1649?

It marked a pivotal moment in English history, demonstrating the power of Parliament over the monarchy.

What are the rights of persons in the English social structure?

Rights to life, health, reputation, habeas corpus, property, petition, and arms.

How does the legal status of husband and wife function in English law?

Husband and wife are considered one legal entity; the legal existence of the woman is suspended during marriage or consolidated into that of the husband.

What was Blackstone's view on the role of juries in civil law?

He declared jurors as 'the best investigators of truth' and 'the surest guardians of public justice,' calling juries 'the glory of the English law.'

What types of public wrongs are addressed in criminal law according to the notes?

Rape, treason, tumultuous petitioning, unlawful assembly, slander, and libel.

What was Blackstone's stance on punishments for crimes?

He believed punishments should be harsh to deter crime, with 160 felonies punishable by death.

What legacy did Blackstone leave regarding the law and governance?

He was a monarchist who believed in the Rule of Law and that monarchs and Parliament should rule justly.

How did American colonists utilize Blackstone's work?

They referred to Blackstone when treated unfairly by Britain and at the Constitutional Convention to find true law on issues.

What was Jefferson's view on common law in relation to Blackstone's Commentaries?

Jefferson wanted to create a new code but found Blackstone's Commentaries too comprehensive to discard.

What role did common law play as the US expanded westward?

Common law was used as the general law followed by judges.

How did the enactment of laws by Congress and states affect common law?

As Congress and states enacted laws, common law began to fade.

What has been the trend regarding common law in the context of the Supreme Court?

Through Supreme Court precedent, the US has begun to develop its own common law.

What critique did Bentham have regarding common law?

He criticized it as 'ancestor worship' and for claiming its origins in God.

What is the British Constitution characterized by according to the notes?

It is characterized by custom over law and lacks a fundamental document.

What is primogeniture in the context of property rights?

Primogeniture refers to the right of the firstborn child to inherit the family estate.

What is the significance of trial by jury in civil cases according to Blackstone?

Blackstone viewed trial by jury as a critical component of justice and a safeguard against tyranny.

What forms of punishment did Blackstone mention for crimes?

Punishments included death by hanging, disembowelment, and burning.