2015-09-06
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The history of many of the basic rights held by the people of the United States can be traced to several landmark documents from England1. Together, these documents laid the foundations for such concepts as limited government, representative government, popular sovereignty, and civil liberties.
Magna Carta (1215): A group of determined barons forced King John to sign the Magna Carta (Great Charter) at Runnymede in 1215. Weary of John’s military campaigns and heavy taxes, the barons were seeking protection against arbitrary acts by the king.
The Magna Carta included such fundamental rights as trial by jury and due process of law (protection against the arbitrary taking of life, liberty, or property). The charter proclaimed:
No freeman shall be taken, imprisoned, dispossessed, outlawed, banished, or in any way destroyed, nor will we proceed against or prosecute him, except by the judgment of his peers or by the law of the land.2
These protections against the absolute power of the king were originally intended only for the privileged classes. Over time, they became the rights of all English people and were incorporated into other documents. The Magna Carta is important for the precedent it established – the power of the monarchy was not absolute.
Petition of Right3 (1628): The Magna Carta was respected by some monarchs and ignored by others for 400 years. During this time, Parliament slowly grew in influence. In 1628, when Charles I asked Parliament for more money in taxes, Parliament refused until he signed the Petition of Right.
The Petition of Right limited the king’s power by demanding that the king not imprison political critics without trial by jury, declare martial law during
peacetime, or require people to shelter troops without the homeowner’s consent.
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The Petition challenged the idea of the divine right of kings, declaring that even a monarch must obey the law of the land.
Bill of Rights (1689): In 1688, after years of revolt and turmoil, Parliament offered the crown to William and Mary of Orange4. To prevent abuse of power by them, and by future monarchs, Parliament in 1689 drew up the Bill of Rights to which William and Mary had to agree.
The Bill of Rights prohibited a standing army in peacetime, except with the consent of Parliament, and required that all parliamentary elections be free.
Notes:
1. The history of many of the basic rights… - История многих жизненно
важных прав…как можно проследить, восходит к нескольким основополагающим документам, созданным в Англии.
2. Such concepts as limited government… popular sovereignty – такие понятия как ограниченная власть… верховенство народа.
3. No freeman shall be taken… - ни один свободный человек не будет арестован, заключен в тюрьму, лишен имущества, поставлен вне закона, изгнан из страны или убит каким либо способом; не будем
мы также передавать его суду или преследовать иначе как по закону государства или приговору пэров.
4. Petition of Right – петиция о праве.
5. William and Mary of Orange – Вильгельм Оранский и Мария.
