English History Before Colonization

British celts wiped out by Angles, Saxons and Jutes of Germany (except Scotland and Wales) French “Normans” invade in 1066, bring Islamic legal ideas from their conquests in southern Italy Common law begins in about the 12th century Magna Carta, 1215 (the “Great Charter”) Protestant Reformation: England becomes Protestant

Protestant Reformation: Reversals of Power

1500: Henry VIII – Catholic (sort of)1547-53: Edward VI – Protestant1553-58: Mary I (Bloody Mary) – Catholic1558-1603: Elizabeth I – Protestant1588: Spanish Armada destroyed1603-25: James I – Protestant1625-49: Charles I – Catholic 1640-50: English Civil War1649: Monarchy abolished by Oliver Cromwell's Roundheads1660-1685: Charles II – Converted to Catholicism on deathbed1685-88: James II – Catholic1689: “Glorious Revolution” (English crown reverts to Protestantism permanently)1689-1702: William of Orange and Queen Mary – Protestant

Development of English Common law

[Stare decisis] is a maxim among ... lawyers, that whatever has been done before may legally be done again: and therefore they take special care to record all the decisions formerly made against common justice and the general reason of mankind.

— Jonathan Swift, sarcastic remarks in Gulliver’s Travels

Common law concepts

Trial by jury (before Magna Carta) Stare Decisis: Don't change past precedents,

dependability and fairness in law Ban on “Ex Post Facto” laws: Don't ban

something done in the past “Habeas Corpus”: No imprisonment without a

court hearing

The First English Exploration

Henry Cabot: First English charter (he was Italian) to new world, landing in Canada in 1497 (lost at sea in a later voyage)

Defeat of Spanish Armada in 1588 left the seas open to English pirates, and explorers

Francis Drake: Pirate, second in command during the Spanish Armada, explorer, traveled around the world, late 1500s

Henry Hudson: Explored Canada, New Jersey, sought Northwest passage, early 1600s

Edward Coke's Petition of Right (1623)

No taxation without representation: “no man hereafter be compelled to make or yield any gift, loan, benevolence, tax, or such like charge, without common consent by act of parliament”

English Bill of Rights (1689)

“...that the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law”

“That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”

Human Rights under English common law before colonization

U.S. Constitution and Bill of Rights

“All bills for raising Revenue shall originate in the House of Representatives” (Constitution, Article I, Section 7)

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” (Second Amendment)

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” (Eighth Amendment)

Enlightenment

Revolution in Science and logic John Locke “Second Treatise on Government” William Blackstone “Commentaries on the Laws

of England” Adam Smith “The Wealth of Nations” 1776

Division of labor

Political economy

Tariffs - a tax on imports

Montesquieu - The Spirit of the Laws

Native AmericansNative Americans

Why did Native Americans fail to Why did Native Americans fail to hold their territory? hold their territory?

Why did the Europeans prevail?Why did the Europeans prevail?

1. The Horse and the Wheel1. The Horse and the Wheel

Pack animals (horses, donkeys, mules, oxen, etc.) Pack animals (horses, donkeys, mules, oxen, etc.) didn't exist in the American continents.didn't exist in the American continents.

The Incas of South America had llamas, but even The Incas of South America had llamas, but even these didn't really help develop any need for mass-these didn't really help develop any need for mass-use of wheels and abundant agriculture.use of wheels and abundant agriculture.

Agriculture with pack animals freed up society from Agriculture with pack animals freed up society from hunting and gathering and subsistence agriculture, hunting and gathering and subsistence agriculture, which allowed societal progress ... and more which allowed societal progress ... and more warfare. warfare.

2. Gunpowder2. Gunpowder

Gunpowder was a major technological advantage of Eurasians over Aboriginal Americans.

3. Writing3. Writing Most of the Aboriginal Americans did not have Most of the Aboriginal Americans did not have

writingwriting None had an alphabetNone had an alphabet None had books or librariesNone had books or libraries The written word is a way of transmitting The written word is a way of transmitting

knowledge accurately from generation to generation.knowledge accurately from generation to generation. Without writing, all we have is the inaccurate oral Without writing, all we have is the inaccurate oral

traditiontradition

4. Steel4. Steel

Aboriginal Americans at the time of Columbus had a Aboriginal Americans at the time of Columbus had a variety of technology levels with metals, but none variety of technology levels with metals, but none were forging steelwere forging steel

Some used copper, silver and gold only (Aztecs used Some used copper, silver and gold only (Aztecs used soft gold for toilet seats, among other ornamental soft gold for toilet seats, among other ornamental uses)uses)

Steel is an alloy of iron and carbon (which increases Steel is an alloy of iron and carbon (which increases the hardness), often with other metalsthe hardness), often with other metals

Harder, more rust-resistant metals provided Harder, more rust-resistant metals provided Eurasians an advantageEurasians an advantage

5. Disease5. Disease

Europeans also unwittingly brought diseases from Europeans also unwittingly brought diseases from Europe, such as smallpox, which the natives had not Europe, such as smallpox, which the natives had not experienced before, and had not built up resistance experienced before, and had not built up resistance to.to.

The result was that as much as two-thirds of some The result was that as much as two-thirds of some cultures (such as the Inca) were wiped out by cultures (such as the Inca) were wiped out by disease disease

6. Better Seamanship6. Better Seamanship

Europeans had better ships (after stealing Arab Europeans had better ships (after stealing Arab technology)technology)

They also had maps and compassesThey also had maps and compasses Cases of Native American exploration of Europe are Cases of Native American exploration of Europe are

non-existentnon-existent But Europeans could – and did – sail to America at will But Europeans could – and did – sail to America at will

in their advanced ships.in their advanced ships. Europeans had a perfect defense in the sea.Europeans had a perfect defense in the sea. Since a purely defensive war is doomed to failure, Native Since a purely defensive war is doomed to failure, Native

Americans could not have won. Americans could not have won.

English Colonization of America

Virginia First attempts fail at Roanoke Island (1585-87)

− “Lost Colony” – colony disappeared

− War against Spanish Armada prevented resupply Jamestown (1607)

− Capt. John Smith commanded 1608-09

− Famine 1609-10

− Sir Thomas Dale took command 1611-16, with brutality but success

¾ths of 5500 colonists die in first 17 years from disease, starvation and conflict

Virginia, continued

Virginia was a commercial venture, not a religious pilgrimmage

Chief crop: Tobacco, though King James I called it a “noxious weed”

Organized by Sir Walter Raleigh

Maryland

Began as “proprietorship” run by George Calvert, under a commission from James II

Calvert, a Catholic, invited people of all faiths 1649 Edict of Toleration: No one professing can

be a Christian can be molested for his faith 1689: Proprietorship overturned, capital moved

from St. Mary's to Annapolis, penal laws against Catholics imposed

Massachusetts: Plymouth Colony

Plymouth colony begun as a move for religious freedom from the Church of England under James I (Protestant)

Landed in Plymouth in 1620 with the Mayflower Pilgrims were called “separatists,” what we today call

“congregationalists,” who believed in Bible alone as a source of revelation, and no hierarchy in church, Calvinism

John Bradford becomes main governor (after one year of ineffective governorship by John Carver)

Massachusetts Bay Colony

1628: Landed in Salem Massachusetts Bay Corporation: Founded as a

for profit venture, not a religious pilgrimage John Winthrop: Early governor of Mass., led

colony for two decades

Massachusetts: Plymouth Colony

Pilgrims were friendly with Massasoit's tribe, who sought an alliance against more powerful Narragansett tribe.

First Thanksgiving: Probably duck instead of turkey, no mashed potatoes or cranberry sauce, squash, seafood, corn, squash & pumpkin, onions, etc.

Known today locally as the “Old Colony,” to contrast with the Massachusetts Bay colony based in Boston.

The Great Awakening

Bringing Christianity to the colonies Johnathan Edwards – Connecticut Puritan, Yale

graduate, Calvinist George Whitefield - Anglican Priest, revivals,

co-founding Methodism Baptists John Wesley – Founder of Methodism

French and Indian War

British against French (called Seven Years War in Europe)

Lasted 1754-63, one of the first world wars French early victories Americans experience military campaigns

(George Washington) British eventually win: All of French Canada and

current U.S. East of Mississippi becomes British

British acts against colonists during French-Indian War

Writs of assistance James Otis: Boston state legislator who makes

eloquent argument against “Writs of Assistance”

– Argument based on informal English common law concept that “a man's home is his castle.”

– Forms basis for eventual adoption of Fourth Amendment to the U.S. Constitution.

Whigs: Colonial legislative power Tories: loyal to England

Timeline to the American Revolution

1760: Writs of Assistance 1763: End of the French and Indian War 1764: Sugar Act (Molasses) 1765: Stamp ActFormation of Sons of Liberty

First Quartering Act

Stamp Act Congress

End of year: Repeal of Stamp Act

1766: Declaratory Act – Parliament says they can tax colonies, but doesn't

Timeline cont'd

1767: Townshend Acts: Tax on lead, paper, glass, tea

− John Dickinson: Letters from a Farmer− Committees of Correspondence formed

(communication between colonial leaders)− Boycotts of British goods

1768: Repeal of Townshend Acts (except tax on tea)

− British troops arrive in Boston 1770: Boston Massacre

Timeline to the American Revolution cont'd

1773 Tea Party - December 1774 – Intolerable Acts

− Boston's port closed until the tea is paid for− Boston town meetings banned− State legislature is adjourned occasionally− Governor's Council no longer elected,

appointed− Judges are salaried by England− Second Quartering Act: Soldiers stationed in

businesses and homes w/o permission

Timeline to the Revolution

1774: First Continental Congress− Petition to the King

1775: April 19: Lexington and Concord Bunker Hill June 1775 Second Continental Congress meeting (1775)

− George Washington appointed C-in-C− Olive Branch Petition

Taunton in the Revolution

Daniel Leonard – Taunton state legislator, wealthy foundry owner from Norton, patriot until 1770

Robert Treat Paine – Lawyer from Boston who settled in Taunton – eventually signed Declaration of Independence

1774: October 21, Liberty and Union flag raised on Taunton Green

Feb. 22, 1775: Clash of militias outside of Taunton

Names to know

Charles Carroll – “First Citizen” John Carroll – First Catholic Bishop Benjamin Franklin – Informal spokesman George Washington – Commander in Chief Samuel Adams – Organizer of revolution John Adams – Defends British Soldiers in

Massacre trial Also: Robert Treat Paine, Daniel Leonard, Lt.

Gov. Thomas Hutchinson, Gen. Thomas Gage