The practices of Medieval England are the foundations of many modern legal practices Representative government Habeas Corpus Independent Judiciaries

Medieval Europe Weak monarchies Powerful nobility Mostly agricultural Common people

loyal to local rulers Knights were a

fearsome weapon

Early Modern Europe Stronger

monarchies Weaker nobility Rising importance

of trade Common people

loyal to the king Gunpowder

weapons make knights obsolete

In the 1100’s court decisions were based on local customs and previous ruling which meant that court decisions made in one part of England could be different from another part – This was known as Common Law

King Henry II changed common law Henry appointed royal judges that would

make decisions that would apply all over the country – As a result it was more likely that people all over England would receive equal treatment

The royal judges were meant to be independent from local politics, but not independent from the royal courts

US courts are independent from local governments and most parts of federal government – Independent Judiciaries

In 1199, King Henry’s son, John became king of England

John fought and lost many wars which weakened England financially

John would tax nobles to finance the wars As a result England’s nobility became frustrated

with John’s policies

The nobility told John that he must recognize their rights.

The nobility made a list of 63 rights called the Magna Carta and forced John to sign in 1215

The Magna Carta guaranteed protection under law and trial by jury

It became an example for later democratic developments in England and around the world

For a trivial offence, a free man shall be fined only in proportion to the degree of his offenseAnd for a serious offence correspondingly, but Heavily as to deprive him of his livelihood. No free man shall be seized or imprisoned or stripped of his rights or possessions, or outlawed or exiled…in any other way, nor will 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. To no one will we sell, to now one deny or delay right or justice. - Magna Carta 1215

1264- English nobles removed King Henry III from the throne after he broke an agreement with them

They replaced him with a group called a parliament – which included nobility, high ranking church officials, and representatives from cities and towns

1265 – Edward, Henry’s III son, took power, but he did not get rid of parliament because he needed political support

1295- a parliament was assembled that was widely considered the first representative parliament – Model Parliament

Representatives from every county, district, and city were assembled

By 1307, parliament became an important part of English government

Parliament was and is made up of two houses: the House of Commons, and the House of Lords

Parliament would eventually control taxes and pass laws. This limited the power of the monarchy. Kings could not pass laws or collect taxes without parliament’s approval

Independent judiciaries, cities, rights, and democratic forms of government took centuries to develop

Independent Judiciaries: In many countries the courts are independent

from other branches of government and can make sure there is a balance of power

One legal right that was probably developed in Medieval England is Habeas Corpus: The right people have not to be imprisoned

unlawfully. In modern courts habeas corpus requires authorities to provide legal proof for why a person is being imprisoned

A government elected by the people to represent their interests

Representative government which try to include all members of society is a relatively recent development – Most men in England could not vote until 1800’s, in the US women couldn’t vote until 1920, most African Americans were prevented from voting until the 1960’s.