History of the English Constitution AD 890 to Present day
AD 890 The Anglo Saxon Chronicles.
Originally compiled on the orders of King Alfred the Great, approximately A.D. 890, and subsequently maintained and added to by generations of anonymous scribes until the middle of the 12th Century. The original language is Anglo-Saxon (Old English), but later entries are essentially Middle English in tone.
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AD 1086: The Domesday Book
Domesday is Englands most famous and earliest surviving public record. It is a highly detailed survey and valuation of all the land held by the King and his chief tenants, along with all the resources that went with the land in late 11th century England. The survey was a massive enterprise, and the record of that survey, Domesday Book, was a remarkable achievement. There is nothing like it in England until the censuses of the 19th century.
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1215: Magna Carta
The \'great charter\' is most famous for consolidating judicial rights, notably habeas corpus, the right not to be unlawfully imprisoned. However, it was also an important first step in removing power from the central authority - King John - and spreading it wider.
Its 61st clause, known as the Security Clause, declared that a council of 25 barons be created with the power to overrule the will of the King, by force if necessary.
This was repealed angrily by the King shortly afterwards, and mediaeval rulers largely ignored the document altogether, but it became an early foundation of England\'s - and later the United Kingdom\'s - unwritten constitution.
The Magna Carta â€" English Translation
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JOHN, by the grace of God King of England, Lord of Ireland, Duke of Normandy and Aquitaine, and Count of Anjou, to his archbishops, bishops, abbots, earls, barons, justices, foresters, sheriffs, stewards, servants, and to all his officials and loyal subjects, Greeting.
KNOW THAT BEFORE GOD, for the health of our soul and those of our ancestors and heirs, to the honour of God, the exaltation of the holy Church, and the better ordering of our kingdom, at the advice of our reverend fathers Stephen, archbishop of Canterbury, primate of all England, and cardinal of the holy Roman Church, Henry archbishop of Dublin, William bishop of London, Peter bishop of Winchester, Jocelin bishop of Bath and Glastonbury, Hugh bishop of Lincoln, Walter Bishop of Worcester, William bishop of Coventry, Benedict bishop of Rochester, Master Pandulf subdeacon and member of the papal household, Brother Aymeric master of the knighthood of the Temple in England, William Marshal earl of Pembroke, William earl of Salisbury, William earl of Warren, William earl of Arundel, Alan de Galloway constable of Scotland, Warin Fitz Gerald, Peter Fitz Herbert, Hubert de Burgh seneschal of Poitou, Hugh de Neville, Matthew Fitz Herbert, Thomas Basset, Alan Basset, Philip Daubeny, Robert de Roppeley, John Marshal, John Fitz Hugh, and other loyal subjects:
+ (1) FIRST, THAT WE HAVE GRANTED TO GOD, and by this present charter have confirmed for us and our heirs in perpetuity, that the English Church shall be free, and shall have its rights undiminished, and its liberties unimpaired. That we wish this so to be observed, appears from the fact that of our own free will, before the outbreak of the present dispute between us and our barons, we granted and confirmed by charter the freedom of the Church\'s elections - a right reckoned to be of the greatest necessity and importance to it - and caused this to be confirmed by Pope Innocent III. This freedom we shall observe ourselves, and desire to be observed in good faith by our heirs in perpetuity.
TO ALL FREE MEN OF OUR KINGDOM we have also granted, for us and our heirs for ever, all the liberties written out below, to have and to keep for them and their heirs, of us and our heirs:
(2) If any earl, baron, or other person that holds lands directly of the Crown, for military service, shall die, and at his death his heir shall be of full age and owe a \'relief\', the heir shall have his inheritance on payment of the ancient scale of \'relief\'. That is to say, the heir or heirs of an earl shall pay £100 for the entire earl\'s barony, the heir or heirs of a knight 100s. at most for the entire knight\'s \'fee\', and any man that owes less shall pay less, in accordance with the ancient usage of \'fees\'
(3) But if the heir of such a person is under age and a ward, when he comes of age he shall have his inheritance without \'relief\' or fine.
(4) The guardian of the land of an heir who is under age shall take from it only reasonable revenues, customary dues, and feudal services. He shall do this without destruction or damage to men or property. If we have given the guardianship of the land to a sheriff, or to any person answerable to us for the revenues, and he commits destruction or damage, we will exact compensation from him, and the land shall be entrusted to two worthy and prudent men of the same \'fee\', who shall be answerable to us for the revenues, or to the person to whom we have assigned them. If we have given or sold to anyone the guardianship of such land, and he causes destruction or damage, he shall lose the guardianship of it, and it shall be handed over to two worthy and prudent men of the same \'fee\', who shall be similarly answerable to us.
(5) For so long as a guardian has guardianship of such land, he shall maintain the houses, parks, fish preserves, ponds, mills, and everything else pertaining to it, from the revenues of the land itself. When the heir comes of age, he shall restore the whole land to him, stocked with plough teams and such implements of husbandry as the season demands and the revenues from the land can reasonably bear.
(6) Heirs may be given in marriage, but not to someone of lower social standing. Before a marriage takes place, it shall be made known to the heir\'s next-of-kin.
(7) At her husband\'s death, a widow may have her marriage portion and inheritance at once and without trouble. She shall pay nothing for her dower, marriage portion, or any inheritance that she and her husband held jointly on the day of his death. She may remain in her husband\'s house for forty days after his death, and within this period her dower shall be assigned to her.
(8) No widow shall be compelled to marry, so long as she wishes to remain without a husband. But she must give security that she will not marry without royal consent, if she holds her lands of the Crown, or without the consent of whatever other lord she may hold them of.
(9) Neither we nor our officials will seize any land or rent in payment of a debt, so long as the debtor has movable goods sufficient to discharge the debt. A debtor\'s sureties shall not be distrained upon so long as the debtor himself can discharge his debt. If, for lack of means, the debtor is unable to discharge his debt, his sureties shall be answerable for it. If they so desire, they may have the debtor\'s lands and rents until they have received satisfaction for the debt that they paid for him, unless the debtor can show that he has settled his obligations to them.
* (10) If anyone who has borrowed a sum of money from Jews dies before the debt has been repaid, his heir shall pay no interest on the debt for so long as he remains under age, irrespective of whom he holds his lands. If such a debt falls into the hands of the Crown, it will take nothing except the principal sum specified in the bond.
* (11) If a man dies owing money to Jews, his wife may have her dower and pay nothing towards the debt from it. If he leaves children that are under age, their needs may also be provided for on a scale appropriate to the size of his holding of lands. The debt is to be paid out of the residue, reserving the service due to his feudal lords. Debts owed to persons other than Jews are to be dealt with similarly.
* (12) No \'scutage\' or \'aid\' may be levied in our kingdom without its general consent, unless it is for the ransom of our person, to make our eldest son a knight, and (once) to marry our eldest daughter. For these purposes only a reasonable \'aid\' may be levied. \'Aids\' from the city of London are to be treated similarly.
+ (13) The city of London shall enjoy all its ancient liberties and free customs, both by land and by water. We also will and grant that all other cities, boroughs, towns, and ports shall enjoy all their liberties and free customs.
* (14) To obtain the general consent of the realm for the assessment of an \'aid\' - except in the three cases specified above - or a \'scutage\', we will cause the archbishops, bishops, abbots, earls, and greater barons to be summoned individually by letter. To those who hold lands directly of us we will cause a general summons to be issued, through the sheriffs and other officials, to come together on a fixed day (of which at least forty days notice shall be given) and at a fixed place. In all letters of summons, the cause of the summons will be stated. When a summons has been issued, the business appointed for the day shall go forward in accordance with the resolution of those present, even if not all those who were summoned have appeared.
* (15) In future we will allow no one to levy an \'aid\' from his free men, except to ransom his person, to make his eldest son a knight, and (once) to marry his eldest daughter. For these purposes only a reasonable \'aid\' may be levied.
(16) No man shall be forced to perform more service for a knight\'s \'fee\', or other free holding of land, than is due from it.
(17) Ordinary lawsuits shall not follow the royal court around, but shall be held in a fixed place.
(18) Inquests of novel disseisin, mort d\'ancestor, and darrein presentment shall be taken only in their proper county court. We ourselves, or in our absence abroad our chief justice, will send two justices to each county four times a year, and these justices, with four knights of the county elected by the county itself, shall hold the assizes in the county court, on the day and in the place where the court meets.
(19) If any assizes cannot be taken on the day of the county court, as many knights and freeholders shall afterwards remain behind, of those who have attended the court, as will suffice for the administration of justice, having regard to the volume of business to be done.
(20) For a trivial offence, a free man shall be fined only in proportion to the degree of his offence, and for a serious offence correspondingly, but not so heavily as to deprive him of his livelihood. In the same way, a merchant shall be spared his merchandise, and a villein the implements of his husbandry, if they fall upon the mercy of a royal court. None of these fines shall be imposed except by the assessment on oath of reputable men of the neighbourhood.
(21) Earls and barons shall be fined only by their equals, and in proportion to the gravity of their offence.
(22) A fine imposed upon the lay property of a clerk in holy orders shall be assessed upon the same principles, without reference to the value of his ecclesiastical benefice.
(23) No town or person shall be forced to build bridges over rivers except those with an ancient obligation to do so.
(24) No sheriff, constable, coroners, or other royal officials are to hold lawsuits that should be held by the royal justices.
* (25) Every county, hundred, wapentake, and riding shall remain at its ancient rent, without increase, except the royal demesne manors.
(26) If at the death of a man who holds a lay \'fee\' of the Crown, a sheriff or royal official produces royal letters patent of summons for a debt due to the Crown, it shall be lawful for them to seize and list movable goods found in the lay \'fee\' of the dead man to the value of the debt, as assessed by worthy men. Nothing shall be removed until the whole debt is paid, when the residue shall be given over to the executors to carry out the dead man\'s will. If no debt is due to the Crown, all the movable goods shall be regarded as the property of the dead man, except the reasonable shares of his wife and children.
* (27) If a free man dies intestate, his movable goods are to be distributed by his next-of-kin and friends, under the supervision of the Church. The rights of his debtors are to be preserved.
(28) No constable or other royal official shall take corn or other movable goods from any man without immediate payment, unless the seller voluntarily offers postponement of this.
(29) No constable may compel a knight to pay money for castle-guard if the knight is willing to undertake the guard in person, or with reasonable excuse to supply some other fit man to do it. A knight taken or sent on military service shall be excused from castle-guard for the period of this service.
(30) No sheriff, royal official, or other person shall take horses or carts for transport from any free man, without his consent.
(31) Neither we nor any royal official will take wood for our castle, or for any other purpose, without the consent of the owner.
(32) We will not keep the lands of people convicted of felony in our hand for longer than a year and a day, after which they shall be returned to the lords of the \'fees\' concerned.
(33) All fish-weirs shall be removed from the Thames, the Medway, and throughout the whole of England, except on the sea coast.
(34) The writ called precipe shall not in future be issued to anyone in respect of any holding of land, if a free man could thereby be deprived of the right of trial in his own lord\'s court.
(35) There shall be standard measures of wine, ale, and corn (the London quarter), throughout the kingdom. There shall also be a standard width of dyed cloth, russet, and haberject, namely two ells within the selvedges. Weights are to be standardised similarly.
(36) In future nothing shall be paid or accepted for the issue of a writ of inquisition of life or limbs. It shall be given gratis, and not refused.
(37) If a man holds land of the Crown by \'fee-farm\', \'socage\', or \'burgage\', and also holds land of someone else for knight\'s service, we will not have guardianship of his heir, nor of the land that belongs to the other person\'s \'fee\', by virtue of the \'fee-farm\', \'socage\', or \'burgage\', unless the \'fee-farm\' owes knight\'s service. We will not have the guardianship of a man\'s heir, or of land that he holds of someone else, by reason of any small property that he may hold of the Crown for a service of knives, arrows, or the like.
(38) In future no official shall place a man on trial upon his own unsupported statement, without producing credible witnesses to the truth of it.
+ (39) No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land.
+ (40) To no one will we sell, to no one deny or delay right or justice.
(41) All merchants may enter or leave England unharmed and without fear, and may stay or travel within it, by land or water, for purposes of trade, free from all illegal exactions, in accordance with ancient and lawful customs. This, however, does not apply in time of war to merchants from a country that is at war with us. Any such merchants found in our country at the outbreak of war shall be detained without injury to their persons or property, until we or our chief justice have discovered how our own merchants are being treated in the country at war with us. If our own merchants are safe they shall be safe too.
* (42) In future it shall be lawful for any man to leave and return to our kingdom unharmed and without fear, by land or water, preserving his allegiance to us, except in time of war, for some short period, for the common benefit of the realm. People that have been imprisoned or outlawed in accordance with the law of the land, people from a country that is at war with us, and merchants - who shall be dealt with as stated above - are excepted from this provision.
(43) If a man holds lands of any \'escheat\' such as the \'honour\' of Wallingford, Nottingham, Boulogne, Lancaster, or of other \'escheats\' in our hand that are baronies, at his death his heir shall give us only the \'relief\' and service that he would have made to the baron, had the barony been in the baron\'s hand. We will hold the \'escheat\' in the same manner as the baron held it.
(44) People who live outside the forest need not in future appear before the royal justices of the forest in answer to general summonses, unless they are actually involved in proceedings or are sureties for someone who has been seized for a forest offence.
* (45) We will appoint as justices, constables, sheriffs, or other officials, only men that know the law of the realm and are minded to keep it well.
(46) All barons who have founded abbeys, and have charters of English kings or ancient tenure as evidence of this, may have guardianship of them when there is no abbot, as is their due.
(47) All forests that have been created in our reign shall at once be disafforested. River-banks that have been enclosed in our reign shall be treated similarly.
*(48) All evil customs relating to forests and warrens, foresters, warreners, sheriffs and their servants, or river-banks and their wardens, are at once to be investigated in every county by twelve sworn knights of the county, and within forty days of their enquiry the evil customs are to be abolished completely and irrevocably. But we, or our chief justice if we are not in England, are first to be informed.
* (49) We will at once return all hostages and charters delivered up to us by Englishmen as security for peace or for loyal service.
* (50) We will remove completely from their offices the kinsmen of Gerard de Athée, and in future they shall hold no offices in England. The people in question are Engelard de Cigogné, Peter, , and Andrew de Chanceaux, de Cigogné, Geoffrey de Martigny and his brothers, Philip Marc and his brothers, with Geoffrey his nephew, and all their followers.
* (51) As soon as peace is restored, we will remove from the kingdom all the foreign knights, bowmen, their attendants, and the mercenaries that have come to it, to its harm, with horses and arms.
* (52) To any man whom we have deprived or dispossessed of lands, castles, liberties, or rights, without the lawful judgement of his equals, we will at once restore these. In cases of dispute the matter shall be resolved by the judgement of the twenty-five barons referred to below in the clause for securing the peace. In cases, however, where a man was deprived or dispossessed of something without the lawful judgement of his equals by our father King Henry or our brother King Richard, and it remains in our hands or is held by others under our warranty, we shall have respite for the period commonly allowed to Crusaders, unless a lawsuit had been begun, or an enquiry had been made at our order, before we took the Cross as a Crusader. On our return from the Crusade, or if we abandon it, we will at once render justice in full.
* (53) We shall have similar respite in rendering justice in connexion with forests that are to be disafforested, or to remain forests, when these were first afforested by our father Henry or our brother Richard; with the guardianship of lands in another person\'s \'fee\', when we have hitherto had this by virtue of a \'fee\' held of us for knight\'s service by a third party; and with abbeys founded in another person\'s \'fee\', in which the lord of the \'fee\' claims to own a right. On our return from the Crusade, or if we abandon it, we will at once do full justice to complaints about these matters.
(54) No one shall be arrested or imprisoned on the appeal of a woman for the death of any person except her husband.
* (55) All fines that have been given to us unjustly and against the law of the land, and all fines that we have exacted unjustly, shall be entirely remitted or the matter decided by a majority judgement of the twenty-five barons referred to below in the clause for securing the peace together with Stephen, archbishop of Canterbury, if he can be present, and such others as he wishes to bring with him. If the archbishop cannot be present, proceedings shall continue without him, provided that if any of the twenty-five barons has been involved in a similar suit himself, his judgement shall be set aside, and someone else chosen and sworn in his place, as a substitute for the single occasion, by the rest of the twenty-five.
(56) If we have deprived or dispossessed any Welshmen of lands, liberties, or anything else in England or in Wales, without the lawful judgement of their equals, these are at once to be returned to them. A dispute on this point shall be determined in the Marches by the judgement of equals. English law shall apply to holdings of land in England, Welsh law to those in Wales, and the law of the Marches to those in the Marches. The Welsh shall treat us and ours in the same way.
* (57) In cases where a Welshman was deprived or dispossessed of anything, without the lawful judgement of his equals, by our father King Henry or our brother King Richard, and it remains in our hands or is held by others under our warranty, we shall have respite for the period commonly allowed to Crusaders, unless a lawsuit had been begun, or an enquiry had been made at our order, before we took the Cross as a Crusader. But on our return from the Crusade, or if we abandon it, we will at once do full justice according to the laws of Wales and the said regions.
* (58) We will at once return the son of Llywelyn, all Welsh hostages, and the charters delivered to us as security for the peace.
* (59) With regard to the return of the sisters and hostages of Alexander, king of Scotland, his liberties and his rights, we will treat him in the same way as our other barons of England, unless it appears from the charters that we hold from his father William, formerly king of Scotland, that he should be treated otherwise. This matter shall be resolved by the judgement of his equals in our court.
(60) All these customs and liberties that we have granted shall be observed in our kingdom in so far as concerns our own relations with our subjects. Let all men of our kingdom, whether clergy or laymen, observe them similarly in their relations with their own men.
* (61) SINCE WE HAVE GRANTED ALL THESE THINGS for God, for the better ordering of our kingdom, and to allay the discord that has arisen between us and our barons, and since we desire that they shall be enjoyed in their entirety, with lasting strength, for ever, we give and grant to the barons the following security:
The barons shall elect twenty-five of their number to keep, and cause to be observed with all their might, the peace and liberties granted and confirmed to them by this charter.
If we, our chief justice, our officials, or any of our servants offend in any respect against any man, or transgress any of the articles of the peace or of this security, and the offence is made known to four of the said twenty-five barons, they shall come to us - or in our absence from the kingdom to the chief justice - to declare it and claim immediate redress. If we, or in our absence abroad the chief justice, make no redress within forty days, reckoning from the day on which the offence was declared to us or to him, the four barons shall refer the matter to the rest of the twenty-five barons, who may distrain upon and assail us in every way possible, with the support of the whole community of the land, by seizing our castles, lands, possessions, or anything else saving only our own person and those of the queen and our children, until they have secured such redress as they have determined upon. Having secured the redress, they may then resume their normal obedience to us.
Any man who so desires may take an oath to obey the commands of the twenty-five barons for the achievement of these ends, and to join with them in assailing us to the utmost of his power. We give public and free permission to take this oath to any man who so desires, and at no time will we prohibit any man from taking it. Indeed, we will compel any of our subjects who are unwilling to take it to swear it at our command.
If one of the twenty-five barons dies or leaves the country, or is prevented in any other way from discharging his duties, the rest of them shall choose another baron in his place, at their discretion, who shall be duly sworn in as they were.
In the event of disagreement among the twenty-five barons on any matter referred to them for decision, the verdict of the majority present shall have the same validity as a unanimous verdict of the whole twenty-five, whether these were all present or some of those summoned were unwilling or unable to appear.
The twenty-five barons shall swear to obey all the above articles faithfully, and shall cause them to be obeyed by others to the best of their power.
We will not seek to procure from anyone, either by our own efforts or those of a third party, anything by which any part of these concessions or liberties might be revoked or diminished. Should such a thing be procured, it shall be null and void and we will at no time make use of it, either ourselves or through a third party.
* (62) We have remitted and pardoned fully to all men any ill-will, hurt, or grudges that have arisen between us and our subjects, whether clergy or laymen, since the beginning of the dispute. We have in addition remitted fully, and for our own part have also pardoned, to all clergy and laymen any offences committed as a result of the said dispute between Easter in the sixteenth year of our reign (i.e. 1215) and the restoration of peace.
In addition we have caused letters patent to be made for the barons, bearing witness to this security and to the concessions set out above, over the seals of Stephen archbishop of Canterbury, Henry archbishop of Dublin, the other bishops named above, and Master Pandulf.
* (63) IT IS ACCORDINGLY OUR WISH AND COMMAND that the English Church shall be free, and that men in our kingdom shall have and keep all these liberties, rights, and concessions, well and peaceably in their fullness and entirety for them and their heirs, of us and our heirs, in all things and all places for ever.
Both we and the barons have sworn that all this shall be observed in good faith and without deceit. Witness the above-mentioned people and many others.
Given by our hand in the meadow that is called Runnymede, between Windsor and Staines, on the fifteenth day of June in the seventeenth year of our reign (i.e. 1215: the new regnal year began on 28 May).
As might be expected, the text of Magna Carta of 1215 bears many traces of haste, and is clearly the product of much bargaining and many hands. Most of its clauses deal with specific, and often long-standing, grievances rather than with general principles of law. Some of the grievances are self-explanatory: others can be understood only in the context of the feudal society in which they arose. Of a few clauses, the precise meaning is still a matter of argument.
In feudal society, the king\'s barons held their lands \'in fee\' (feudum) from the king, for an oath to him of loyalty and obedience, and with the obligation to provide him with a fixed number of knights whenever these were required for military service. At first the barons provided the knights by dividing their estates (of which the largest and most important were known as \'honours\') into smaller parcels described as \'knights\' fees\', which they distributed to tenants able to serve as knights. But by the time of King John it had become more convenient and usual for the obligation for service to be commuted for a cash payment known as \'scutage\', and for the revenue so obtained to be used to maintain paid armies.
Besides military service, feudal custom allowed the king to make certain other exactions from his barons. In times of emergency, and on such special occasions as the marriage of his eldest daughter, he could demand from them a financial levy known as an \'aid\' (auxilium).
When a baron died, he could demand a succession duty or relief (relevium) from the baron\'s heir. If there was no heir, or if the succession was disputed, the baron\'s lands could be forfeited or \'escheated\' to the Crown. If the heir was under age, the king could assume the guardianship of his estates, and enjoy all the profits from them - even to the extent of despoliation - until the heir came of age.
The king had the right, if he chose, to sell such a guardianship to the highest bidder, and to sell the heir himself in marriage for such price as the value of his estates would command. The widows and daughters of barons might also be sold in marriage. With their own tenants, the barons could deal similarly.
The scope for extortion and abuse in this system, if it were not benevolently applied, was obviously great and had been the subject of complaint long before King John came to the throne. Abuses were, moreover, aggravated by the difficulty of obtaining redress for them, and in Magna Carta the provision of the means for obtaining a fair hearing of complaints, not only against the king and his agents but against lesser feudal lords, achieves corresponding importance.
About two-thirds of the clauses of Magna Carta of 1215 are concerned with matters such as these, and with the misuse of their powers by royal officials.
As regards other topics, the first clause, conceding the freedom of the Church, and in particular confirming its right to elect its own dignitaries without royal interference, reflects John\'s dispute with the Pope over Stephen Langton\'s election as archbishop of Canterbury. It does not appear in the \'Articles of the Barons\', and its somewhat stilted phrasing seems in part to be attempting to justify its inclusion, none the less, in the charter itself. The clauses that deal with the royal forests over which the king had special powers and jurisdiction, reflect the disquiet and anxieties that had arisen on account of a longstanding royal tendency to extend the forest boundaries, to the detriment of the holders of the lands affected.
Those that deal with debts reflect administrative problems created by the chronic scarcity of ready cash among the upper and middle classes, and their need to resort to money-lenders when this was required.
The clause promising the removal of fish-weirs was intended to facilitate the navigation of rivers.
A number of clauses deal with the special circumstances that surrounded the making of the charter, and are such as might be found in any treaty of peace. Others, such as those relating to the city of London and to merchants clearly represent concessions to special interests.
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1376: The first Speaker of the House of Commons is appointedAn English Parliament had existed since late in the 13th century, and had been divided into two houses since 1341, with knights and burgesses sitting in what became known as the House of Commons while clergy and nobility sat in the House of Lords. However, its duties largely consisted of ratifying taxes for the Crown. In 1376, Thomas de la Mare was appointed to go to the King with complaints about taxation, and the Commons for the first time impeached some of the King\'s ministers. While de la Mare was imprisoned for his actions, the House created the position of Speaker to represent the Commons permanently. Above is Betty Boothroyd, the Speaker from 1992 to 2000.
English Petition of Right in 1628 Parliament passed the Petition of Right in 1628 in response to a number of perceived violations of the law by Charles I in the first years of his reign. In 1626, Charles had convened Parliament in an effort to obtain desperately needed funds for the continuation of his unsuccessful war with Spain. Unhappy with the prosecution of the war, however, Parliament swiftly began impeachment proceedings against Charles\' favorite and principal counselor, the Duke of Buckingham. In order to protect Buckingham, Charles was forced to dissolve Parliament before it had voted any subsidies. Left without recourse to parliamentary taxation, Charles resorted to two forms of extra-parliamentary taxation to raise the funds he needed - a benevolence and a Forced Loan - that were of doubtful legality at best. He also began to billet soldiers in civilian homes, both as a cost-saving measure and as a means of punishing his political opponents.
Citing the Forced Loan\'s illegality, a number of gentlemen refused to pay, and many of them were imprisoned as a result. Ultimately, five of the imprisoned gentlemen - the so-called \"Five Knights\" (since they were all knights) petitioned the Court of Kings Bench for writs of habeas corpus to force the government to specify the reason for their imprisonment. Seeking to avoid a direct challenge of the legality of the Loan, Charles refused to charge the prisoners with a specific crime, instead declaring on the return to the writs that the knights were detained \"per speciale mandatum domini regis\" (\"by special command of our lord the king\"). In the resulting hearings before the King\'s Bench - the famous Five Knights case - counsel for the Knights argued that imprisonment by \"special command\" amounted to a fundamental violation of the principle of due process established by chapter twenty-nine of Magna Carta, which declared that imprisonment could only occur in accordance with the law of the land. The Five Knights\' counsel claimed, therefore, that the king, upon receipt of a writ of habeas corpus, must return a specific cause of detention, the legality of which could be assessed by the courts. In contrast,Robert heath, the Attorney General, claimed that the king had a prerogative right to imprison by royal command for reasons of state, and these detentions could not be challenged by habeas corpus.
Faced with conflicting precedents, and, undoubtedly, political pressure, the Court decided to remit the Knights to prison while taking the case under advisement. Although equivocal, this decision was taken as a major victory for the king, and a significant to the opponents of his extra-legal policies. It was largely a desire to overturn immediately this ruling that would provide the primary impetus for the House of Commons decision to create the Petition of Right in the subsequent Parliament.
The Habeas Corpus Act 1679 is an Act of the Parliament of England passed during the reign of King Charles 11 to define and strengthen the ancient prerogative writ of habeas corpus, whereby persons unlawfully detained cannot be ordered to be prosecuted before a court of law.
The Act is often wrongly described as the origin of the writ of habeas corpus, which had existed for at least three centuries before. The Act of 1679 followed an earlier act of 1640 which established that the command of the King or the Privvy Council was no answer to a petition of habeas corpus. Further Habeas Corpus Acts were passed by the British Parliament in 1803, 1804, 1816 and 1862, but it is the Act of 1679 which is remembered as one of the most important statutes in English constitutional history. Though amended, it remains on the statute book to this day.
The Act came about because the Earl of Shaftsbury encouraged his friends in the Commons to introduce the Bill where it passed and was then sent up the Lords. Shaftesbury was the leading Exclusionistâ€"those who wanted to exclude Charles II\'s brother James, Duke of York from the successionâ€"and the Bill was a part of that struggle as they believed James would rule arbitrarily. The Lords decided to add many wrecking amendments to the Bill in an attempt to kill it; the Commons had no choice but to pass the Bill with the Lords\' amendments because they learned that the King would soon end the current parliamentary session.
The Bill went back and forth between the two house, and then the Lords voted on whether to set up a conference on the Bill. If this motion was defeated the Bill would stay in the Commons and therefore have no chance of being passed. Each sideâ€"those voting for and againstâ€"appointed a teller who stood on each side of the door through which those Lords who had voted \"aye\" re-entered the House (the \"nays\" remained seated). One teller would count them aloud whilst the other teller listened and kept watch in order to know if the other teller was telling the truth. Shaftesbury\'s faction had voted for the motion, so they went out and re-entered the House. Gilbert Burnet, one of Shaftesbury\'s friends, recorded what then happened:
The clerk recorded in the minutes of the Lords that the \"ayes\" had fifty-seven and the \"nays\" had fifty-five, a total of 112, but the same minutes also state that only 107 Lords had attended that sitting.
The King arrived shortly thereafter and gave Royal Assent before proroguing Parliament. The Act is now stored in the Parliamentary Archives.
1688: The Great RevolutionThe Civil War a few years before had removed the monarchy, and then reinstated it in a weakened form, setting the stage for the attenuated \'constitutional monarchy\' that we have today. But it was the arrival of William of Orange from Holland to take the throne from James II which led to the creation of the Bill of Rights, constitutionally preventing absolute rule by the Kings and Queens of Great Britain to this day, and leaving Parliament as the true seat of power in the country.
The English Bill of Rights 1689 The Bill of Rights was passed by Parliament in December 1689. It was a re-statement in statutory form of the Declaration of Right presented by the Convention Parliament to William and Mary in March 1688, inviting them to become joint sovereigns of England. It enumerates certain rights to which subjects and permanent residents of a constitutional monarchy were thought to be entitled in the late 17th century, asserting subjects\' right to petition the monarch, as well as to have arms in defence. It also sets outâ€"or, in the view of its drafters, restatesâ€"certain constitutional requirements of the Crown to seek the consent of the people, as represented in parliament.
Along with the 1701 Act of Settlement the Bill of Rights is still in effect, one of the main constitutional laws governing the succession to the throne of the United kingdom andâ€"followingBritish Colonialism, the resultant doctrine of reception, and independenceâ€"to the thrones of those other Commonwealth realms, by willing deference to the act as a British statute or as a patriated part of the particular realm\'s constitution. Since the implementation of the statute of Statute of westminister in each of the Commonwealth realms (on successive dates from 1931 onwards) the Bill of Rights cannot be altered in any realm except by that realm\'s own parliament, and then, by convention and as it touches on the succession to the shared throne, only with the consent of all the other realms.
In the United Kingdom, the Bill of Rights is further accompanied by the Magna Carta, Habeas Corpus Act 1679 and Parliament Acts of 1911 and 1949 as some of the basic documents of the uncodified British Constitution. A separate but similar document, the Claim of Right Act applies in Scotland. The English Bill of Rights 1689 inspired in large part the United States Bill of Rights.
1832: The Reform ActDemocracy of sorts had existed in England for centuries - as far back as 1432, Henry VI passed statues declaring who was eligible to vote (male owners of land worth at least 40 shillings, or a freehold property - perhaps half a million people nationwide). However, the counties and boroughs that sent Members to Parliament were of wildly differing size. The county of Yorkshire had more than 20,000 people, and the borough of Westminster had around 12,000, but they only sent one representative to the Commons - as did, for example, Dunwich, which had 32 voters, or Gatton, which had seven.
The Reform Act increased enfranchisement to over a million, or about one in six of all males, by allowing men who rented property above a certain value to vote too. It also tore up the mediaeval boundaries of counties and boroughs, giving more equitable representation for the cities that had sprung up since the Industrial Revolution. A second Act, in 1837, enfranchised all male householders, regardless of value.
1913: Emily Davison\'s deathCampaigns for women\'s suffrage go as far back as 1817, when the utilitarian philosopher Jeremy Bentham wrote Plan of Parliamentary Reform in the form of a Catechism. William Thompson and Anna Wheeler also published a pamphlet in 1825 on the subject. However, despite these green shoots of support, the 1832 Act for the first time explicitly limited suffrage to \"male persons\". It was not until 1861, when John Stuart Mill published The Subjection of Women, that the movement began to gain momentum.
In 1893, New Zealand became the first self-governing country to allow women to vote. In Britain, progress was slower, and in the early 20th century women took to direct and sometimes violent action; chaining themselves to railings, arson attacks, and even bombings. Many were imprisoned, and some went on hunger strike. Emily Davison died at the Epsom Derby in 1913, when she ran out in front of the King\'s horse, Anmer, clutching the banner of the Women\'s Social and Political Union. It was around this time that the originally derogatory word \'suffragette\' was coined, in a Daily Mail article.
1918: The Representation of the People ActWorld War I could not be said to have had many silver linings, but it gave British women - who had spent the last four years, in a country shorn of young men, keeping the war effort running in munition factories and farms - a newfound political confidence. The 1918 Act recognised that not only these women, but many soldiers who had supposedly fought for British democracy, were still unable to vote. It removed all property restrictions from male voters, and allowed women to vote for the first time - although not those under 30, and with property restrictions - and to stand for election. The first woman, Nancy Astor, was elected to Parliament just 18 months later, in Plymouth Sutton. Ten years later, the restrictions on women were lifted, allowing them to vote at 21 whether or not they held property.
1969: The Representation of the People ActAfter one final loophole was closed in 1948 - weirdly, up until that point, some seven per cent of the electorate had two votes per person - voting in the United Kingdom reached essentially its modern state in 1969, when Harold Wilson\'s government dropped the voting age for all citizens from 21 to 18. Further acts in 1983, 1985 and 2000 changed the laws on prisoners and overseas voters (essentially, convicted criminals may not vote while in prison; expatriates can still vote in their last constituency for 15 years after they left the country, and holidaymakers can vote by postal ballot or proxy). In 2000, a hoary constitutional prejudice against \"lunatics\" was weakened when psychiatric hospitals were allowed to be designated as registration addresses.
Source : (http://www.articlesbase.com/history-articles/history-of-the-english-constitution-ad-890-to-present-day-2273920.html)
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