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The Magna Carta (1215)
The Magna Carta, or “Great Charter,” was arguably the most significant early influence on the extensive historical process that led to the rule of constitutional law today in the English-speaking world. In 1215, after King John of England violated a number of ancient laws and customs by which England had been governed, his subjects forced him to sign the Magna Carta, which enumerates what later came to be thought of as human rights. Among them was the right of the church to be free from governmental interference, the rights of all free citizens to own and inherit property and to be protected from excessive taxes. It established the right of widows who owned property to choose not to remarry, and established principles of due process and equality before the law. It also contained provisions forbidding bribery and official misconduct. Widely viewed as one of the most important legal documents in the development of modern democracy, the Magna Carta was a crucial turning point in the struggle to establish freedom. Petition of Right (1628)
The next recorded milestone in the development of human rights was the Petition of Right, produced in 1628 by the English Parliament and sent to Charles I as a statement of civil liberties. Refusal by Parliament to finance the king’s unpopular foreign policy had caused his government to exact forced loans and to quarter troops in subjects’ houses as an economy measure. Arbitrary arrest and imprisonment for opposing these policies had produced in Parliament a violent hostility to Charles and to George Villiers, the Duke of Buckingham. The Petition of Right, initiated by Sir Edward Coke, was based upon earlier statutes and charters and asserted four principles: (1) No taxes may be levied without consent of Parliament, (2) No subject may be imprisoned without cause shown (reaffirmation of the right of habeas corpus), (3) No soldiers may be quartered upon the citizenry, and (4) Martial law may not be used in time of peace.
Signing the Mayflower Compact 1620, a painting by Jean Leon Gerome Ferris 1899 (Wikimedia Commons) The Pilgrims had organized the voyage. William Brewster and the other Pilgrim leaders had secured the right to settle on land claimed by the Virginia Company near the mouth of the Hudson River. To raise money for the voyage the Pilgrims signed a contract with a group of London stockholders. In return the stockholders would share in the profits of the planned colony. The Pilgrims had rounded up the "strangers" to increase the chances of success for their enterprise. The 3,000-mile voyage across the Atlantic lasted more than two months. When they finally sighted land on November 9, 1620, the captain of the Mayflower knew right away that they were at Cape Cod, far north of their destination. The captain headed the Mayflower southward, but dangerous sand bars and heavy seas forced them to turn back. The Mayflower finally dropped anchor in a harbor at the tip of Cape Cod. Rather than chancing more days at sea, the Pilgrims decided to land. Almost immediately, an argument broke out. According to William Bradford (who later wrote an account of the Pilgrims' experiences) several "strangers" made "discontented and mutinous speeches." They apparently argued that, since the Cape Cod area was outside the jurisdiction of the Virginia Company, its rules and regulations no longer applied. The troublemakers threatened to do as they pleased "for none had power to command them," wrote William Bradford. Three thousand miles from home, a real crisis faced the colonists even before they stepped ashore. The Mayflower CompactImagine the situation: over 100 people, cut off from any government, with a rebellion brewing. Only staunch determination would help the Pilgrims land and establish their colony. If they didn't work as a group, they could all die in the wilderness. The Pilgrim leaders realized that they needed a temporary government authority. Back home, such authority came from the king. Isolated as they were in America, it could only come from the people themselves. Aboard the Mayflower, by necessity, the Pilgrims and "Strangers" made a written agreement or compact among themselves. The Mayflower Compact was probably composed by William Brewster, who had a university education, and was signed by nearly all the adult male colonists, including two of the indentured servants. The format of the Mayflower Compact is very similar to the written agreements used by the Pilgrims to establish their Separatist churches in England and Holland. Under these agreements the male adult members of each church decided how to worship God. They also elected their own ministers and other church officers. This pattern of church self-government served as a model for political self-government in the Mayflower Compact. The colonists had no intention of declaring their independence from England when they signed the Mayflower Compact. In the opening line of the Compact, both Pilgrims and "Strangers" refer to themselves as "loyal subjects" of King James. The rest of the Mayflower Compact is very short. It simply bound the signers into a "Civil Body Politic" for the purpose of passing "just and equal Laws . . . for the general good of the Colony." But those few words expressed the idea of self-government for the first time in the New World. Self-Government Takes RootImmediately after agreeing to the Mayflower Compact, the signers elected John Carver (one of the Pilgrim leaders) as governor of their colony. They called it Plymouth Plantation. When Governor Carver died in less than a year, William Bradford, age 31, replaced him. Each year thereafter the "Civil Body Politic," consisting of all adult males except indentured servants, assembled to elect the governor and a small number of assistants. Bradford was re-elected 30 times between 1621 and 1656. In the early years Governor Bradford pretty much decided how the colony should be run. Few objected to his one-man rule. As the colony's population grew due to immigration, several new towns came into existence. The roving and increasingly scattered population found it difficult to attend the General Court, as the governing meetings at Plymouth came to be called. By 1639, deputies were sent to represent each town at the other General Court sessions. Not only self-rule, but representative government had taken root on American soil. The English Magna Carta, written more than 400 years before the Mayflower Compact, established the principle of the rule of law. In England this still mostly meant the king's law. The Mayflower Compact continued the idea of law made by the people. This idea lies at the heart of democracy. From its crude beginning in Plymouth, self-government evolved into the town meetings of New England and larger local governments in colonial America. By the time of the Constitutional Convention, the Mayflower Compact had been nearly forgotten, but the powerful idea of self-government had not. Born out of necessity on the Mayflower, the Compact made a significant contribution to the creation of a new democratic nation. The complete text of the Mayflower Compact For Discussion and Writing1. What two groups comprised the passengers on the Mayflower? How were they different from each other? How similar? 2. What events forced the passengers on the Mayflower to write and sign the Mayflower Compact? 3. What facts in the article support the argument that the Pilgrims were democratic? What facts support the view that they were not democratic? 4. What is the most important idea contained in the Mayflower Compact? What are some other ideas it contains? For Further ReadingBradford, William. Of Plymouth Plantation. Samuel Eliot Morison, ed. New York: Alfred A. Knopf, 1952. Donovan, Frank R. The Mayflower Compact. New York: Grosset & Dunlap, 1968. |