“The American Revolution” – American Studies @ IMSA
The American Revolution, causing the American split, is best described by the American belief that the British provided an intolerable dominance over all Americans, giving themselves rights that no other American had. The overall cause of the American Revolution can be generally summarized by the envious nature of the Americans from their certainty that they were being treated unequally by the British, when in essence the British were not that bad.
When finding the source of this chaos, one can conclude that the Rights of Englishmen changed the way the Americans thought about the English. The beliefs they held were affected greatly by a few simple privileges the English had that Americans were denied. By the statements abiding to protect one’s property, numerous liberties are spawned.
Firstly, inheritance laws protect any property from ancestors that may have died. This way, no property is lost and cannot be given to higher officers without the owners’ family’s consent. These inheritance laws are provided that the husband is still alive, however. A female widow cannot maintain all of the beneficiates; however, she receives her portion of the inheritance. Furthermore, the widow cannot live in her previous housing: “she may remain in the house of her husband for forty days after his death, within which time her dower shall be assigned to her .” Furthermore, if a widow wishes to live by her own, she will not be forced to remarry under some circumstances: “so long as she prefers to live without a husband; provided always that she gives security not to marry without our consent …”
There shall be no taxation without counsel: “no scutage nor aid shall be imposed on our kingdom, unless by common counsel of our kingdom .” The British does not wish for others to assist them in any of their businesses without the acceptance of the British first. The only aid freely accepted is those from the city of London in a reasonable manner.
There shall be regular discussion among the higher classes of the kingdom regarding the aid or scutage provided to the British. When the discussion has been planned, it will be assembled as soon as possible: “… when the summons has thus been made, the business shall proceed on the day appointed, according to the counsel of such as are present …” The discussion will go on regardless of the presence of necessary people.
No unnecessary punishment will be given to anyone whatsoever. All punishments must fit the crime committed; the intensity of the crime will decide any further punishments. When the punishment is being determined, one has the right to trial by jury . During the selection of the jury, a fair selection with peers will be determined. Over excessive punishment will not be permitted: “and for a grave offense he shall be amerced in accordance with the gravity of the offense, yet saving always his ‘contentment .’”
When a person dies, his will becomes the determining factor of who receives his earnings. If a will is not written, the inheritance goes to the nearest kin: “if any freeman shall die… his chattels shall be distributed by the hands of his nearest kinsfolk and friends, under supervision of the church …” If debts exist, they will be paid to the king.
Upon unsatisfactory behavior by the British government, the citizens are given a right to rebel: “… and if we shall not have corrected the transgression … within forty days … those five-and-twenty barons shall, together with the community of the whole land, distrain and distress us in all possible ways … seizing our castles, lands, possessions …”
Finally, one of the final rights of the Englishmen is security in one’s home from unlawful entry. The home is a place of peace and tranquility, and one must feel protected. This right forbids any outside people from entering the property of an Englishman under penalties determined by a jury when taken to trial .
The origination of the Rights of Englishmen came from English history throughout many centuries in time. In the beginning, there were some privileges that only the king and queen was permitted to have. Later on, these rights were spread throughout the land, giving citizens equal opportunities at this luxury. Only Americans under the kingdom were permitted to have liabilities: “the founders of America began their lives as loyal subjects of the British Crown, proud to enjoy the rights of Englishmen .”
Americans felt discriminated against due to the fact that they were not permitted to have equal rights as the British. When the Americans were kept in captivity, they were not treated equally from the British. They were used as experiments for war. Children that disobey British officers were taken away, restrained, and beaten with a whip. Any supporters of the punished child are punished themselves .
Furthermore, Americans were brutally punished and used for inhumane experiments by the British. A movie portrayed two American men being used for testing the skills of the British. The American men were given a dummy that represented George Washington and were told to run. Behind them a giant herd of dogs and some men on horses chased. These repetitive inhumane actions caused the Americans to lose their trust and reliability in the British throughout time .
No assistance may be given to the kingdom without the permission of the king and many other high-classed followers and administrators below him. No loans may be made to the king against his will: “… such loans were against reason and the franchise of the land …” However, beyond this point, people are required to allow the king to use their money: “… and required to lend certain sums of money unto your Majesty …” Upon denial, punishment could include being jailed, confined, or molested. As seen, the British did claim some unfair power over the Americans.
The Bill of Rights was created to provide a greater, more equal living condition to both Americans and the British. Many new specifics were created, and were promoted to help the entire population.
To prevent anything from changing immediately, the Bill of Rights states firstly that no laws can be suspended or executed without the proper authority, consent, and discussion that must come beforehand. From this being outlawed, anyone who wishes to alter a law will have a higher difficulty doing so. From this law spawns a different circumstance where people will pretend to be in a position of authority to change the laws. This was stated in the bill: “pretended power of dispensing with the laws, or the execution of law by regal authority, as it hath been assumed and exercised of late, is illegal .”
The right of petitioning is given, and permission is given to petition the king. People who disagree with this are in essence committing a crime: “… all commitments and prosecutions for such petitioning are illegal .” This new law provides a possible more friendly connection between the king and his followers.
Some of the new laws provide a more open and secure environment for the citizens. To reduce their fear of being attacked by the government, no military troops may be contained within the kingdom: “… the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of parliament, is against law .” This provides a lower chance for citizens to be harmed under an unplanned attack by the government for the sole purpose of a mass killing of its people.
Furthermore, any other previous laws could not be impeached; there was no way that a citizen could attempt to end a law already made in the past when at court. The only way this could be done was in compliance of the parliament.
The best attempt to reduce any unnecessary punishment was made. As stated previously, the punishment must fit the crime. As an extension, it was said that “excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted .” This maintains a humane way of living together with other people, not worrying about excessive, unnecessary pain when only committing a small crime.
To promote fairness, it was made that any outside influences of the jurors were outlawed. To maintain an equal decision, “all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void .” In the past there have been many outside possibilities that could have affected a juror’s decision. External payments in one’s favor could be one of the possibilities. With that reduced, fairness is maintained.
Finally, to improve the laws, discussion was necessary and must be done on a regular basis: “… for the amending, strengthening, and preserving of the laws, parliament ought to be held frequently .” Many previous laws forbid the changing of laws by many people. In this case, when a necessary and required change is found, proper action can be taken without breaking any former rules and laws made.
The power held by the British was the original source of the American Revolution, due to their envy. Political power is described as the “… power which every man, having in the state of nature, has given up into the hands of the society, and therein to the governors whom the society hath set over itself …” Without the followers, this power is deemed useless: “… and this power has its original only from compact, and agreement, and the mutual consent of those who make up the community .” When the powerful bodies have nobody or nothing to control, their power becomes insignificant.
Men wish and attempt to gain power for a variety of reasons, one of them being capable of protecting their property. Because of this, power is limited and controlled within the population: “… to limit the power and moderate the dominion of every part and member of the society.”