The Magna Carta (1215), the Petition of Right (1628), and the English Bill of Rights (1689) share central ideas focused on limiting the power of the monarchy and protecting individual rights under the law. Key common principles include:
- Limitation of government power: All three documents sought to curb the arbitrary and absolute authority of the king, establishing that even the monarch must govern according to the law rather than personal will
- Due process and rule of law: They emphasized legal protections such as due process, ensuring that no person could be deprived of life, liberty, or property without lawful judgment, a principle foundational to constitutional governance
- Consent to taxation: The documents asserted that taxation required the consent of the governed, particularly through Parliament, opposing unilateral royal taxation
- Rights and liberties of subjects: They recognized certain fundamental rights, including the right to petition the government, freedom from cruel and unusual punishment, and parliamentary freedoms like free speech
These ideas profoundly influenced the governments established by English settlers in the American colonies. Colonists believed they were entitled to the same rights as Englishmen, as guaranteed by these documents, and incorporated these principles into their colonial charters and laws. For example:
- Colonial charters, such as the Virginia Charter and Massachusetts Bay Company charter, promised settlers the same liberties and immunities as English subjects
- The colonists embedded protections like due process and consent to taxation into their legal systems, which later influenced the U.S. Constitution and Bill of Rights. The Fifth Amendment’s guarantee of due process directly descends from Magna Carta
- The emphasis on limiting government power and securing individual rights helped shape colonial resistance to British rule and inspired foundational American documents like the Declaration of Independence
In summary, the Magna Carta, Petition of Right, and English Bill of Rights collectively established the legal framework of constitutional monarchy and individual rights that English settlers brought to America, laying the groundwork for democratic governance in the colonies and ultimately the United States
