MY PERSPECTIVE, Gary Damron

Last week's article introduced political thought and practice in the English American colonies, but it was clear that differences existed between theory and reality, particularly in England. Aristocrats there controlled the monarchy and both houses of Parliament, while colonists were already developing a more democratic framework of government, with a focus on balance of power. Liberties fostered here in the new land stemmed from concepts among Englishmen over many years, but even today they're not practiced universally.

Earlier we talked about William Blackstone's "Commentaries on the Laws of England" and how his writings provided the first comprehensive, systematic treatise on English common law. His work was based on John Locke's theory of government, which was built on the 1689 English Bill of Rights.

The Bill of Rights followed the Glorious Revolution, which provided a limited monarchy and established legislative supremacy. It recognized free speech and freedom from external interference; guaranteed free elections; and prohibited cruel punishment and taxation without consent. At that time, no other nation had any of these in place; many operated with rulers who held absolute authority while people had few protections or privileges.

The idea of representative government can be traced in England to the 700s. Kings chose advisors to discuss matters and consent to laws (which the king had already decided to enact). But the kings needed support to balance their rule with the power of the nobles.

After the Norman Conquest in 1066, William the Conqueror began to govern through a small but permanent inner council of advisors. Occasionally he would call on additional nobles and churchmen to gain approval, especially regarding taxation. This group formed the basis for the later House of Lords. Local lords and bishops, the sheriff, and representatives of each village heard cases and discussed local matters. After the Conquest, this assembly became known as the County Court, and the idea of representative government was introduced. Eventually, the two groups combined to make up a Parliament composed of the aristocratic Lords and the local representative House of Commons.

In 1204 English kings lost much land in France that they had earlier claimed. King John's attempts to recapture the lands resulted in an increase in taxation and oppressive collection methods. Traditionally, wars and taxes were approved by the aristocratic lords. But when the French defeated England at Bouvines in 1214, nobles demanded concessions from the king.

In 1215 the Magna Carta became a pivotal document that provided liberties we take for granted today - protection from illegal imprisonment (habeas corpus); access to swift justice (due process); and protection of property rights. It was foundational in establishing constitutional law.

Intermarriage of members of royal European families confused the line of succession and created challenges. The Stuarts of Scotland were allowed on the English throne since Elizabeth I lacked an heir. James VI of Scotland, though Catholic, held the strongest claim as a direct descendant from Margaret Tudor, elder daughter of Henry VII. His ascension in 1603 made him James I of England, brought together England and Scotland, and ended the Tudor line. He successfully worked with Parliament.

With the fall of the Roman Empire, the Roman Catholic Church had assumed the position of overarching authority in Europe. At times, the Church chose or least sanctioned rulers like those of the Holy Roman Empire. Each one was expected to support the Church and each maintained absolute authority over lands and people. The conflict between Catholicism and Protestantism became as much over authority as it was because of religion. Charles I, son of James I, decided to move toward Catholicism and reassert the power of the king.

So, in 1628, Parliament enacted the Petition of Right, to curb abuse of power by the king. He claimed to accept it, to gain funding, but disregarded its provisions. This set the stage for the English Civil War (1642-1651) which ended in a Parliamentary victory and the execution of Charles I (1649). In the Interregnum (1649-1660) the divine right of absolute monarchy was abolished and England experienced Puritan rule under Parliament and the military. The king's son, Charles II was invited back with reduced powers, and reigned successfully until his brother James II became king in 1685.

He was unpopular due to his open Catholicism and attempt to reestablish absolute monarchy. He overrode parliamentary authority; filled top positions in the army, universities, and government with Catholics; dismissed opposing judges, and disregarded parliamentary consent. This brought about the Glorious Revolution (1688-1689), a bloodless change that led to the reign of William and Mary (James II’s daughter). They protected the Anglican religion, reestablished parliamentary power, and agreed to the English Bill of Rights. This became a cornerstone of British constitutional law: it included the right to petition and to bear arms; prohibited royal interference in elections; guaranteed freedom of speech in Parliament; and forbade excessive bail and cruel and unusual punishment.

Many of these terms sound familiar today, but at the time were unique to Britain. They served as a model for the subsequent U.S. Bill of Rights, and provided the grounds for complaints which colonists had regarding the way England attempted to govern in the new land. Each step reinforced the shift toward a limited, law-bound government that existed by the people, for the people, to provide security and guarantee individual rights.