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The Rest of The Milestone and Institutions
The Rest of The Milestone and Institutions
Partition of ride and go forward with quite a few years here. 1628. The petition of right was issued in
1628 as a. protest against what parliament perceived at that time to be the despotism of Charles the
first. Here we have a thing that parliament, or at least many members of Parliament believe, was
going beyond the proper relationship between the Kings and Parliament, the king of the people. So
that’s important. For an assistant 28. What’s most important in the airlines to be the relationship
between Kim and Harlem and most particularly the king in the House of Commons. In this position of
Ryan Parliament is going to reaffirm they’re not stating these ideas as new ideas created at that
moment. They’re saying that these are ideas that have been around a long time and Charles is not
paying to pay attention to. He’s not abiding by these these these rules, if you will. OK, so in the
petition of right, Parliament reaffirmed that the king may not. First of all, let me taxes without
parliament’s consent. I think the king cannot let you test. Doesn’t stop there. He cannot levy them
without parliament’s consent. And by the way, by the way, this is a recognition of the. Level of power
that Paul Mckesson came by this time. OK Paula is an integral part of the whole system by this time
also. In the position of riot standards of the king may not imprison person without a specific charge
and without provision for a jury trial. You can’t just pick somebody up off the street and tell us if you
heard that they have said something against you or whatever. Throw them in jail and let them rot.
OK, you have to have a specific charge to bring against and it has to be brought at that time. And
there has to be a jury trial eventually. I’ll talk about this in greater detail about 1628. The idea of a
jury in the in the British legal system is AA well accepted fact goes back all the way to the wealth in
the same. And then another important point is that the king may not order soldiers in private home
without the owners permission. Pouring means to place soldiers in a home for the person for the
home owner to take care of to provide a place within the state to provide food for them. We’ll like to
call it quarter. So once again, this doesn’t say that the king cannot order soldiers in private phones.
He can’t do it without the permission of the owner. He likes to get his collision. OK, so Charles at that
point was in AA difficult position because he needed money for. Various things that going on towards
the private and needed time. And so he was going to follow to get money. Or Parliament, which by
this time was pretty much controlled by inheritance sympathizers are going to use this of this
opportunity to force the king to agree to serve the things. Some of them three others that I’ve
received here. Charles came tonight. He signs the petition. Bing. Charles This is why Charles is going
to be so hated by the Puritans. He was not about signing his name to something or putting his seal on
something and then just turning around and not paying any attention to it. OK all. In this regarding
the petition of right issue in 1628 the following year 1629 Charles decides I’m going to fix this
problem. For myself first of all as far as I’m concerned that all bars will bring Britain Parliament has
no authority to curb my rights. And so he makes that statement that matters back and he decides
that to fix this problem. What I need to do is just to call problem up until this time there is no law
that says Parliament has to be called every so many years. There is one now and this is part of the
reason why for 11 years he is not going to call problem he is going to this this is called the personal
rule of Charles the first for 11 years doesn’t call Paul and during that period of time he still went to
rule autocratically he illegally raised money without parliament’s consent illegally imprisoned his
opponents he strengthened the use of a court that did not provide law called Star Chambers it’s
actually during the time of Charles by the way gentlemen it’s actually during the time of Charles the
first that star chamber gets its security reputation OK you know that farm of the movie not originally
under Henry the 8th and others it actually was a preferred court in many instances but Charles. And
Charles is also the one kind of tagonized Puritan inside demanding that they can form to and within
practice that appear to be subsidized to be too similar to the politicism. So we shall 11 years are
going to end up. When Charles eventually passed the summit column because he fought on every
illegal method of obtaining money and he needs money so badly that he ends up in 1640 having to to
call father shortly within a fairly short. After that he releases his kid Show the petition of life
remember the three stateless.
Charles the second was doing something. 7 rights of Englishman. So we’ll leave it right now and leave
the the explanation for a little later as a lecture. But in this, as far as previous corpus is concerned,
that concept had been around for years in the class and Block a number of of of of paths, if you will,
that Charles the second was taking to get around the idea scorpions. And that is part of the. Being
told what you’re being charged with having riots whenever as far as you are are arrested, jury trial
and all that. That’s part of the habeas course process. So this act was backed on past. I’m sorry, block
many loopholes in the concept and to improve the mechanism of enforcement of behaviors. Quote
Charles was for one thing like his father had been doing so. So he is corporate staff. I’m going to step
along the way establishing. Reaffirm an important concept in English law in 67. In 1689
It wasn’t. created in minds of the family, the story. Is this Bill of Rights is concerned this was passed in
December of 1689 to give statutory force to what was called the declaration of rights that was
presented to William and Mary on the 13th of February of the 16th. They had to sign that before they
would be allowed to send to the phone. OK, they had to sign that declaration provides. So they
signed it. They came over and in the aftermath of that, Paul would have tapes those ideas and puts
them into law. That’s what this English bill writes is statute. But it is Bill of Rights. It provided a
number of things. First of all, it provided that the king may not. Make for sustained laws may not let
any taxes may not. Maintain an army without the consent of Parliament. Once again, it’s been not
saying it became to not do these things. Make her suspend walls. Lady Packers and roll. I’m saying
you can’t do that, but he has to have the consent problem. It also provided that the king may not
interfere with problem in the elections and debates This is one of my favorite examples of. The love
of tradition. Opening the parliament. You have the representative of the crown with the proper
symbols of that power standing outside doors of the House of Commons. They’re open The doors as
the person steps forward to go into the House of Commons. The doors are shut in space. Yes, go up
and knock. Do you allow it in to be allowed in? OK, that’s important. That is symbolic of this very
point here that the king is not allowed to interfere with parliamentary debates And as far as elections
are concerned, the the camp cannot deal with and others have done. It was called packing
parliament, making sure that people friendly to the king was elected. Elizabeth too. It’s not just a
male. It was doing something like that. And so as far as the English bill arrives, it’s concerned that it
makes that illegal. Also in the Bill of Rights, it says that Parliament must be frequently now. It don’t
set the period of time in the bill of rights. That’s going to be done later. But the idea of not being able
to just not call Parliament for years. OK, that becomes still legal as a result of the bill of rights also
says that the king must be Anglican and religion No more possibilities of a rolling Catholic being king
or Queen And also the people are guaranteed certain what we would call basic civil rights rights. To
petition the government is listed the right to an impartial speedy jury trial which has been an English
British tradition up to that time. But now it’s written in wall protect against excessive bails and fine.
But what is excessive? Counselor. That’s what. It’s a issue of fact for the finder. The jury or the judge.
Right. Right. Exactly. So excessive excessive for one person is not excessive for another. And then
protection against cruel and unusual punishment. What’s cruel for one person is not cruel for
mother. Wait till you get your exam. That was horrible. I know. Sorry. Look at the Friday people. So
these all these things are bodies into English for the lives and as the Declaration of Rights. William
and Mary had assigned that in order to be said as King Queen. So those are the reported documents
that I want to talk about.
OK, so that term is used in other legal systems. But what we’re talking about here is a common law
that is unique to the British, to the English, to the British. What is the background? Is what we’re
talking about. Henry’s a second. Now, Henry the second, we have to go all the way back to 1154 as
far as the beginning of this time. And he would rain until 1189. Henry the second was the grandson of
Haley the first. He was usually referred to as the founder of the Angelin Empire Grill in combination
of England and of certain areas of what we call France today. I had to explain this to my other level.
Class the other day, you have to keep in mind that during this period of time, in the 1100 1200 that
he can all the way to the Fourteenth, there isn’t what’s called the guild of France, which is the area
around Paris The king of France, for many years, that was the only area controlled by the king of
France. That little area Gastoni Accletane, Brittany, Brittany, Burton, all these regions of present day,
France, were separate kingdom. Principalities in their business. But they were separate. And as far as
France is concerned, a good part of its history in those years, the the 1213 1414 up to the 15 th
century, is the story of the king of France, gaining more and more power and over a larger, larger
area of what we call France today. OK, so Henry the second controlled a large part of Western France
in part of his annual empire. And as far as whether he’s English or not, he was English, but he spent
21 years of his reign in France. He spoke. French fluent. Fluently. As a matter of fact, with the
Normans coming in from that point on until a couple of hundred years into the future, the the
language that court was French, the Kings spoke French. Wait, it’s not until later that they begin to
pick up. So he was heavily influenced by France, French language and the wife. But nonetheless, he’s
king of England. And Henry the second was interested in a number of things, one of them being legal
reformed. We’ll point out that Henry the second. This is the same king that was going to say
eventually to in the presence of some of his minds will know well, no one originally of this
troublesome priest. And as a result, Thomas Beckett gets killed in front of the the altar at Canterbury.
Henry was emotional. He was a person. He was a horrible father. His three sons all turned out
damage. To some connection. Shall we say there a relationship with their father was awful. OK, but
we can say that Henry has some good idea And one of those good ideas had to be with law. He
wanted. To reform the system in English that as he found now. Is he just interested in better walls?
For his his his subjects. Well, that’s part of it But it’s not all altruistic and Henry also wanted more
power for himself. And one way to make more powerful himself was to cut into the power of his
various variants. Because each of them had a court on the manner in order to it. But they held 4 legal
and what Henry was wanting to do part was to attract more people to his courts so that he could
have more power relative to his parents. So how is he going to do that? Well, one thing that he does,
and this is what I would say at the very part of the whole thing is that he is going to offer what most
people would consider better justice than the Memorial Court will offer. So legal reforms that he puts
in place. First of all, first legal reform. We want to talk back with the development of a central court
that administration and justice resident a place called Westminster. OK, so looking in London, the 10s
makes a curve double per like this at one point. You go over here. Relatively speaking, this is the city
of London. OK, the city of London. And by the way, when you talk about the city with a capital C,
that’s what you’re talking about. Square mile proxy within the wall of the old Roman walls. The
tower, by the way, is right there on the east edge of the city. Henry is going to establish his seat of
justice and the administration of the law in this area here. OK, this is the city of England. This is
Westminster Now, Westminster already existed Minster, by the way, his church is a church. If you go
to Westminster, will it be most important buildings there is Westminster at which was built during
the time of Edward the Confessor. That was right before the the Norman invasion organization in
1066. So he establishes his court in this place as opposed to the city. No today, all of this is going
together. It’s all women. OK, why is he going to do it over here? Well, by this time, by the time of
payment. 2nd English King said under begun to understand that you really don’t want to reside in the
city because the people of the city got upset with things every once in a while. It goes in rebellion
cause all sorts of problems. So one way to to to not to get away from it per se, but to better manage
it is to make sure that you’re not capable of it here. So they’re living over here. In the years after him.
The second eventually they’re going to be the the parliament will be established there and you have
the houses of parliament. The Elizabeth what is Elizabeth the second Bell Tower in which you find Big
Ben Big Now, in addition to establishing this court, he’s also going to work to reorganize and expand
the system of the word his itinerant. An antenna at what that means should the property of the prize
in there. Yes, OK. Itinerant justices are. Judges that travel from one place to another. Yes. The main
court is resident in Westminster, but Henry is going to send judges from this court out into the rest of
the wherever they go, they will hold court and they will hold court while the managerial courts are
going on. But they will offer a law that is different from the law that’s found or followed on the
minority courts. And Henry wants to present then is a better law. And by doing so, attract people to
the means of his itinerary. Justice thereby taking business away from the men over the court. So
these itinerant justice reorganize this and expands them. It already existed. But these doors naked
are much bigger digits. And third, he’s going to introduce new principles and new methods of justice,
which he believed in others as well. The greatly improved quality of justice is. These principles and
mandates that are going to distill down into written law is going to make up what comes to be called
the common law. I called the common law because it’s the king’s law. It will be common throughout
its kingdom and oral courts. They follow their own rules. But nonetheless, there was no common law
being followed in those mentorial courts in the king’s courts. There will be one common pain claw
throughout. Do you have to take this? Last thing I want to do here. We’ll pass it back. I want one 2 nd.
One thing that differentiates English English. British law from the law of the continent. The various
systems there on the continent, they will at one point these various countries will throw out their
own native legal systems that have developed overtime and they will receive this. Roman law, the
civil war and they will restructure their legal systems based upon world and law. Anyone doesn’t do
that They never received. It’s called the deception. They never do that. Now is an English law
influenced by civil law. Well, yes, it is. But I’m talking about the wholesale throwing out you’re your
native legal system and adopting a foreign legal system. England never does that. So I want to stop
there so that we can pass this back and I’ll pick up verification.