The futt-Paeeillustration at the beginningof this unit is a photogripn of the colonial capitol of Yirginia in Williarnsburg. The smallZr illustration of the interior shous the hall of the House of Burgesses,the oldest reptesentative assemblyin the New World. Frcm Vice.rointt: USA bv Bernerd Fcdcr. Copyright @ 1967 by Amcicert Bool C.ompeny. ( + * ?D 't I i%t H@NZDID DtrNA@CRAC)T DtrVtrt@P IN C@L@NIAL AAAtrRICA? Brothers in colonial America' Like the first Most historians see the development of de- mocracv section, the second consists of ex,cerptsfrom mocracy in A.rnericaas a continuous process' primary sources-- documents and contempo- with iti beginnings in England' The English' rarl' writings. who came to dominate the North American The third section is composedof quotations continent, brought with them a tradition of from secondary sources' itttetptetations and representative government and civil liberty' analysesby modern historians' These interpre- trris tradition was reflected in the establish- t.tio"t ,^ry, and sometimesconflict' Some of mentofcolonialrepresentativeassembliesand "rights the writers offer contradictory explanationsfor in the jealous protection of the of En- the development of democracy in early Amer- glishmen" - tiial by jr1rJ, free spe:+ and ica; othert d.tty that colonial societywas demo- F."edo- from unreasonable arrest and impris- cratic-- at all. onment. The first section of this chapter pre- it it expected that before yo-uread the third sents the major documents of English liberty you will have become familiar with the and a statementby a r 7th century English phi- section, facts. The selectionscan make no losopher of a poliiical theory that was to have a historicai unless you have a firm understanding of p.oforrttd influence on our own Declaration of sense the events and movements to which these au- Independence. refer. Aicording to the traditional view, the seeds thors of liberty attd self-government became even more firmly implanted in the colonies' The ..tfy settleis, on the edggof the wilderness and far from the center of English government' What Was the English Heritage wereforcedtodevelopaspiritofself-reliance. of Freedom? In New England, thev banded together to build This government"s based on compacts, or mutual r. The Magna Carta limits royal p-ower', iGreat in agreements. Elsewhere, local gov-ernments Chalrter" was signed by King John English dEvelopedto meet the particular needs of each tzrJ, at the demand-of rebellious to protect community.Intime,thesecolonialassemblies baroirs. While these nobles wanted is con- andlocalgovernmentscameintoconflictwith their own feudal rights, the document democracy ih" .oy"l governors'representing a distant and sidered the first *ajot step toward principle that authoiitarian government. Frontier life was in England. It estiblished the influential in ihe development of a spirit of the king is not above the law. and social equality, a man independence -since. r. We have granted to God and was on the frontier, by his abilities' ludged, by this confirmed, for us and our not his iocial status. The second section of heirs forever, that the English'Church shall this chapter deals with the expansion of de- 2 eunnrce? 2 .Ow' DID DEMocRAcY DEYELoP rN coLoNIAL PhotogaPh oi reYerse courtetY of H, Armstrong Kobertt be free and shall have its rights entire and What rights can you identify in the its liberties inviolate [untouched] Question: Magna Carta that we take for granted today? rz. Scutage tax] or aid ffeudal tax on [military Check the Bill of Rights of the United States shall be levied in our kingdom only nobles] Constitution. by the common counsel fcouncil] of our kingdom, except for ransoming our body, 'I-he for knighting our eldest son, and for once z, Petition of Right reaffirmsbasic rights. kings of_the marrying our eldest daughter; and for Repeated violations by the Stuart in the Magna Carta resulted in these purposes only a reasonable aid shall guirantees Parhament's refusal to levy additional taxes be taken until Charles I agreed to sign the Petition of 2r. Earls and barons shall be amerced ffined] Right. only by their peers, and only according to the degree of the misdeed. Whereas it is declared and enacted by a statute made in the time of the reign of King 38. No bailiff shall henceforth put any one to that from thenceforth his law [on trial] by merely bringing suit Edward the First person be compelled to make any fagainst him] without trustworthy wit- no should nesses loans to the king against his will Yet nevertheless your people have been 39. No freeman shall be captured or im- money prisoned or disseisedfdispossessed] or out- . required to lend certain sums of lawed, or exiled or in any way destroyed, unto your majesty nor will we send against him, ex- And where also by the statute called the cept by the lawful judgment of his peers Great Charter of the Liberties of England, it or by the law of the land. is declared and enacted that no freeman may or imprisoned or be deprived of his 4c.. To no one will we sell, to no one will we be taken deny or delay right or justice. freehold or liberties or be outlawed or 6t. the barons shall elect any twenty- exiled but by the lawful iudgment of five barons of the kingdom, who to the best his peers or by the law of the land, neverthe- of their ability should observe the less divers fsome] of your subjects have peace and liberties which we have granted of late been imprisoned without any cause . so that if we or anY of showed; and no cause was certified, but our ministers are in any respect delin- that they were detained by your majesty's spe- quent toward any one or transgress any cial command article those twenty-five barons to- And whereas of late great companies of sol- gether with the community of the entire diers and mariners have been dispersecl into country, shall distressand injure us in all divers counties and the inhabitants ways possible - namely by capturing our against their wills have been compelled to re- castles,lands, possessions,and in all ways ceive them into their houses that they can - until they secure redress They do therefore humbly pray your most according to their own decision excellent majesty that no man hereafter be Given by our hand in the meadow that is compelled to make or yield any gift, loan, without called Runnymede June r 5, in the benevolence, tax, or such like charge seventeenth year of our reign. common consent by act of parliament, and called to make answer or take Magna Carta, June 15, r2rr. C. Ste- that none be phensonand F. G. Marcham, Sourcesof such oath or to give attendance or be confined English and Constitutional History. New or otherwise molested concerning the 1937, 115-26 York. Harper and Row, fret'tnan be im- passim. same and that no rIOW DID DEMOCRACY DF]VELOP IN COLONIAL AITNNTCN? . after his commitment he prisoned or detained; and that your mliesty slon discharged from his imPrisonment iould be pleasedto removethe said soldiers shall be and mariners; and that your people may not ftZg. Soutces of be so burdened in time to come Habeas CorPus Act, Englislt. Coistitutional History, 5r7-r8' All of which they most humbly pray of your mostexcellent majesty as their rights and liber- laws and staturesof this ties accordingto the Resedrch:Article I, Sec. 9 and Amendment 6 of realm the United States Constifution contain provisions to the Habeas Corpus Act' Petition of Right, June 7, 16z8' Sources that can be traced of English Constitutional History, 450-52' Identify and summarize these provisions' are listed in the suprerna- Question: Identify rights that 4. The Bill of Rights establishesthe F.titiot, of Right ittat n"a already been stated in cy of Parliarnent. Fearful that Jame_sII was it considered neces' religion on the Magna Caita. Why was -England-,planning to re-impose the Catholic sarv to restate them? Parliament offered the throne to Maiy, James' Protestant daughter, and ht1 hnsbattd, William of Orange. William and Act guarantees the 3. The Habeas Corpus Mary accepted the throne and agreed to sign Parlia- iightt of accused persons. In 1679, the English Bill of Rights in 1689. ment acted to prevent arbitrary arrests and being now assem- imprisonment. A writ of habeas corpws is a . the said lords of this i.g"fft enforceable demand that an imprisoned bled in a full and free representation p."rrot be charged with a specified crime or be nation declare that the pretended power released. of suspending of laws, or the execution of laws, by regal authority without consent of parlia- Whereas many of the king's subiects ment, is illegal; have been long detained in prison in such that levying money for or to the use of the caseswhere by law they are bailable be crown . without grant of parliament it enacted that whenever any person is illegal; shall bring any habeas corpus unto any that it is the right of the subiects to petition sheriff king, and all commitments and prosecu- . the said officer shall within three the tions for such petitioning are illegal; days bring or cause to be brought the that the raising or keeping a standing army bohy of the p"tiy so committed or restrained the kingdom in time of peace' unless it before the lord chancellor or the within with consent of parliament, is against judges or barons and shall then be law; certify the true causes of his imprisonment that election of members of parliament to be free; And if any person or persons committed ought Ihat the freedom of speech and debates or .