Rights of Englishmen

Rights of Englishmen

The Rights of Englishmen is a term that refers to the rights granted English subjects in the Magna Carta, the English Bill of Rights, and other foundational documents which Patriots in the Thirteen Colonies felt were violated, and subsequently became an original primary justification for the American Revolution. American political thought evolved during the American Revolution to reject the idea that some, if not all, of these rights could be "granted", and were instead natural rights that were inherent and could therefore not be granted or recinded. This became a cornerstone of classical republicanism.

Development

The "rights of Englishmen" had been established slowly over centuries of English history. They were certain basic rights that all subjects of the English monarch were understood to be entitled to.

The founders of America began their lives as loyal subjects of the British Crown, having equal rights with residents of England. Centuries of respect gave these rights a special status. They included:
* The right to trial by jury, jury by peers
* Security in one's home from unlawful entry
* No taxation without representation
* Regular discussion
* No cruel and unusual punishments
* The right to rebel

History

The historical sources of these rights are custom and law. They were confirmed by royal charters and became part of the English common law. The common law consists of the accumulated legal opinions of judges explaining their decisions in specific court cases. These decisions provide guidelines or precedents for the later judgments. The English common law provides the historical foundation of the American legal system.Fact|date=June 2008

See also

* Petition of Right
* English Bill of Rights
* Declaration of Rights
* Fundamental Laws of England

ources

* (27, We The People The Citizen and the Constitution, 1997)
* Magna Carta, 1215

External links

* [http://www.billofrightsinstitute.org/pdf/borday/bory_u1_l1.pdf The Bill of Rights and the Founders: PHILOSOPHICAL & HISTORICAL BACKGROUND; LESSON 1: ORIGINS OF THE BILL OF RIGHTS]


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