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Rise of Democracy: The English Model

Rise of Democracy: The English Model. Creating a Set of Laws. No universal set of law during early middle ages in Western Europe The Eastern Empire (Byzantine Empire) tried to preserve Roman law Emperor Justinian (527-565) ordered the study and codification of existing law codes.

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Rise of Democracy: The English Model

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  1. Rise of Democracy: The English Model

  2. Creating a Set of Laws • No universal set of law during early middle ages in Western Europe • The Eastern Empire (Byzantine Empire) tried to preserve Roman law • Emperor Justinian (527-565) ordered the study and codification of existing law codes

  3. 534 – the completion of Justinian’s Code • This results in the preservation of Roman law; eventually makes it to Western Europe, preserving citizenship and rights • It had 3 major parts • The Code: Codification of all existing laws • The Digest: Explanation of courts opinions on laws; a guide for judges (ex. stare decisis, Supreme Court) • The Institutes: basically a textbook on Roman law

  4. Origins of Democracy in England • Previously controlled by Romans • Many other groups come to power upon their departure (Saxons, Jutes, Danes, etc.) • 1066 – The Battle of Hastings: William of Normandy takes the English Throne • Declares all of England his personal property; grants fiefs about 200 Norman lords who swore personal oaths of loyalty

  5. Story Behind the Battle • Edward the Confessor was king • Sources say he had promised throne to William, Duke of Normandy, but changed his mind on his deathbed, and gave it to Harold Godwinson (from very powerful family in England) • William had been setting law and policy in England for a while, and saw the coronation of Harold as a personal affront and declaration of war

  6. Story (continued) • William goes all over Europe getting support by promising land • He and the large army invade England uncontested • Harold had just defeated the Vikings on the other side of the country, and their army was depleted

  7. Story (continued) • To show his power he goes across the country to fight anyway, and the depleted forces lose (legend says he was shot with an arrow through the eye) • William advances towards London and is crowned King on Christmas Day 1066

  8. William I (The Conqueror) • Extends French Feudalism into England • Demands loyalty and grants estates • Feudalism is even stronger in England than it had been on the main continent in Europe • Thus the kings have great power • Many French customs are introduced • Food in the court • Language

  9. Henry II (Plantagenet) • Grandson of William I makes major changes • Consolidates courts into Royal Courts • They are able to try more cases, collect taxes, settle lawsuits, and punish crimes • Royal Courts develop common law (precedent based on other court rulings) • Grand Jury System is developed. They determine if there is enough evidence to go to trial (at that point it goes to a petit jury)

  10. Henry II (continued) • All of these changes are an attempt to bring church courts under his control, and he fails with the eventual clash between he and Thomas Becket • Originally appointed to position of Lord Chancellor, and helped Henry collect taxes and increase power of king rather than church • Henry II wanted to rule over church and state, and thought Becket would continue to help him with this, and named him Archbishop of Canterbury when the position opened • At this point Becket decides to turn more towards the church; Henry is mad, and basically tries him for treason. • Becket flees to France • Becket begins to use the power of excommunication and interdict against any political enemy, and this infuriates Henry • Supporters of Henry assassinate Becket during a church service • Henry II walked to Canterbury in sackcloth and was flogged by the monks there to pay for what he felt was his fault in the death of Becket

  11. Henry II (continued) • The Royal Courts usually had stiffer sentences, so people would flee the Royal Courts to get to the Church Courts (often “only” a spiritual punishment)

  12. Magna Carta • Kings steadily gain power until nobles have had enough • 1215 they revolt against King John, son of Henry II • The king’s army is defeated and he is forced to sign the Magna Carta

  13. Magna Carta (continued) • Magna Carta means Great Charter in Latin, and it sets the precedent for personal freedom and rights in Western Europe after it is signed at Runnymede in 1215 LIMITED GOVERNMENT!!

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