English Antecedents to the Constitution and the Bill of Rights

2rights that were eventually included in the Constitution and the Bill of Rights we have togo back to a series of documents that perserved liberties from the 13th century on:Americans drew inspiration from and looked to two English documents in particular (theMagna Carta and the English Bill of Rights), they looked and t colonial charters (whichof course are also "English antecedents"), and the state bills of rights to shape thesubstance and form of the Bill of Rights.These are the English Antecedents to Constitution and the Bill of Rights1. Magna Carta ("The Great Charter") - First passed in 1215, the Magna Carta is the mostsignificant of the documents in early English history that contributed to the historicalprocess that established constitutional rights and the rule of law. The Magna Cartaoriginally arose as a means of settling disputes between Pope Innocent III, King John,and his barons about the extent of monarchial authority and the obligations owed tonobles. King John was a weak and disrespected King whose right to the throne wascontested. Acting against King John, his barons took London by force and forced KingJohn to sign the agreement that eventually became known as Magna Carta. Section 61 ofthis Magna Carta - known as the "security clause" - established a committee of 25 baronswho were given the power to meet and overrule the King and to seize his castles andtakes his possessions.After signing this document under duress, King John immediately recanted and plungedthe nation into Civil War. But he then promptly died. His nine year old son was the heirto the throne and Henry III's regents had him resign the Magna Carta with section 61ommitted. Magna Carta was actually signed in 1216, 1217, and 1225.If you read Magna Carta today - especially if you do not have a solid understanding ofEnglish history - you will be perplexed by its significance. it is mostly a combination offeudal rights and obligations, specifying liberties for English Barons, not ordinaryEnglishmen. But it also contains a series of judicial rights that allowed for a fixed court,held that fines should be proportionate to the offense, and that people should be tried bytheir peers. In general, Magna Carta required that the King respect certain legalprocedures and accept that the will of the King could be bound by law. Magna Carta thusrepresents a prominent step toward limited, constitutional monarchy and the rule of lawover the rule of men. Magna Carta became retrospectively important to later generationsof Englishmen and Americans as a charter of liberty.2. English Bill of Rights - A second important document in the evolution of libertytoward the understanding set forth in the Bill of Rights is the English Bill of Rights. TheEnglish Bill of Rights was the culmination of the Glorious Revolution that led to theascendancy of William and Mary to the throne. William of Orange landed with his armyin England on 5 November1688. After defeating James II, William was offered thethrone with Mary in April 1689. They agreed to the Declaration of Right, which was theEnglish Bill of Rights, as a condition of accepting the throne.