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Evolution of Individual Rights Prior to the Constitutional


These included the restriction on the King from being able to suspend laws passed by Parliament. More importantly it limited the right to raise money through taxes to Parliament. Additionally the basic Common Law court system was beginning to be established. The people began to believe that they had basic rights and liberties that the government count not capriciously take away. .
             The court system in England was established over many years. Initially the local government enforced the laws and enacted punishment. However, as people found this to be unfair in a number of circumstances a court system was set up. The problem was that there were many court systems for different jurisdictions. There were courts for the lawyers, doctors, church etc. From the laypersons point of view the Common Law court was the most just. The royal court did not use juries and was conducted in private, often without the accused being presented with the charges. It wasn't until later in the 1700's that these courts were reconciled or dispensed with. Eventually the common law, a loose collection of laws, became solidified into a written set of rules and laws to be enforced and judged upon by the Common Law court.
             Colonial Rights and Liberties.
             Colonial rights and liberties began as an extension of English rights and liberties. Initially the colonies were considered an extension of England and that all people in the colonies had the same rights and liberties as those in England. However, this was mitigated by the many different religions that had become established. Because of all of the religious intolerance in England many people who worshiped in a different religion immigrated to the colonies. They tended to settle into communities that had similar ideas to their own. The colonial rules were often modified to fit the local religious customs and laws. While most believed that they had basic rights, the moral laws of the land often modified them.


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