HOW DID DEMOCRACY TAKE ROOT IN
ENGLAND?
Directions: Read the following and then answer the questions that appear below;
Democracy would grow in England relatively easily. Yet, it would not have been possible because of pre-existing
conditions. This was because in England, there were many features of life that would help democracy grow. As you
read the following features of English life, consider how each of these could help democracy grow.
MAGNA CARTA
In 1215, the nobles forced the king of England, King John, to sign a document called the Magna Carta. In this
document, the king agreed to recognize the baron’s rights and privileges, including that of a fair trial. The Magna
Carta of 1215 contains 63 clauses. In many clauses King John promises to be less harsh in enforcing his feudal
rights on the barons, and another clause states that the barons must grant to their tenants all the feudal concessions
that the king has made to them. Many clauses concern the legal system; in these John promises to provide good and
fair justice in various ways. The last few clauses concern enforcement of the document. The Magna Carta stated that
no unusual taxes could be collected by the king except by a common council. Over the years, this came to mean that
the English monarchs had to have the approval of the people’s representatives to impose taxes. The Magna Carta also led to the right to a trial. The barons who drew up this document had intended that those who were accused of
crimes would be tried by their fellow barons. The Magna Carta also limited the power of the monarchs. Implied in
the Magna Carta was the idea that royal power had limits. In other words, monarchs had no right to rule any way
they pleased, but rather had to govern according to law.
MODEL PARLIAMENT
In 1295, King Edward I called together a group called the Model Parliament. The so-called Model Parliament
contained all the elements of a grown Parliament: bishops and abbots, peers, two knights from each shire, and two
representatives from each town. It served as a model for later parliaments. Later, the first two groups, the bishops
and the nobles, would form the “upper” part of Parliament, the House of Lords. The last two groups, the knights and the town representatives formed the “lower” part of Parliament, the House of Commons.
COMMON LAW
The law in England developed over the centuries from the combined decisions of judges and the decisions based on
rules already established. Known popularly as the common law, it was included in reports of decided cases that
originated in the early Middle Ages. The royal judges went out to the provincial towns and interpreted the law in
both civil and criminal cases. Hence common law came to apply everywhere in England.
JURY SYSTEM
Under Henry II, who ruled from 1154 to 1189, the custom of using average citizens to pass judgment in civil
matters, especially in controversies over property, came into use. The use of juries in criminal cases - murder,
assault, treason, and others - came more slowly. In 1166 Henry established the practice that 12 men be present at all
county court sessions to present to the justices the names of persons suspected of crimes. This was the beginning of
the grand jury - the jury that indicts people, or charges them with a crime, but does not try them. By the middle of
the 14th century trial juries had become completely separate from grand juries. In these early centuries of the jury
system, the jurors passed judgment on the basis of what they themselves knew about a defendant and the case. It was
believed that one’s neighbors and associates were the most competent to render a fair verdict. But if they were unfriendly or bore a grudge, the verdict could be unjust.
Questions for discussion;
1. Explain how each of these systems functioned (worked)? a. Magna Carta, b. Model Parliament, c. Common
Law, d. Jury System.
2. How could each of these systems help democracy grow in England?
3. Which of these systems do you consider to be the most important? Explain your answer.
4. How does United States democracy compare to the roots of English democracy?
B.P.A. History
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Lynch - Morgan