Lesson 8 SS.7.C.1.2 Core documents that impacted the colonists’ views of government: Several core documents impacting the colonists’ views of government reflect enlightenment values. These documents include the English Magna Carta, the English Bill of Rights, the Mayflower Compact and “Common Sense” by Thomas Paine Date Document Name Purpose of Document Core Themes and Influences Country of Origin Magna Carta (The Great Charter of Freedoms) 1215 England English Bill of Rights (An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown) Mayflower Compact “Common Sense” by Thomas Paine (published anonymously) 1689 England 1620 American Colonies 1776 American Colonies Required King John of England to protect certain rights Limited King’s powers Protected subjects’ privileges (Note: While these goals were not achieved, the document became an important symbol for those who wished to show that the king was bound by law) Restate in statutory form the Declaration of Rights presented by the Convention Parliament to William and Mary inviting them to become joint sovereigns of England (Note: the Glorious Revolution of 1688 marked the ascendency of Parliament over the monarchy. This is part of the British Constitution Set up a government and write first written laws for the new settlers arriving at Plymouth Rock (now Provincetown Harbor, Cape Cod, Massachusetts) Placed the blame for the British colonists on King George III Challenged the authority of the British government and the royal monarchy Published anonymously, the document advocated that the colonists declare their independence from the British crown Writ of habeas corpus Rule of constitutional law Development of common law Lists rights for citizens and permanent residents of a constitutional monarchy Included the right to petition the monarch Included the right to bear arms in defense Emphasizes the importance of the consent of the people Influenced the U.S. Bill of Rights (1791) Fair and equal laws for the general good of the settlement Will of the majority Social contract where the settlers consented to follow the Compact’s rules for the sake of the survival of the new colony John Adams and others have referred to it as the foundation of the U.S. Constitution Advocated a movement for sovereignty of the people, a written constitution, and effective governmental checks and balance Excerpt from the Magna Carta 1215 1. First that we have granted to God, and by this present charter have confirmed for us our heirs in perpetuity that the English Church shall be free, and shall have its rights undiminished, and its liberties unimpaired. . . . 2. If any earl, baron, or other person that holds lands directly of the Crown, for military service, shall die, and at his death his heir shall be of full age and owe a "relief," the heir shall have his inheritance on payment of the ancient scale of "relief." That is to say, the heir of heirs of an earl shall pay £100 for the entire earl's barony, the heir or heirs of a knight, 100 [shillings], at most for the entire knight's "fee", and any man that owes less shall pay less, in accordance with the ancient usage of "fees." [Clause 2 restated: When a landholder dies, his heir must pay a fee to inherit the property. The customary fee for the heir of an earl was 100 pounds, for a knight 100 shillings or 5 pounds.] 7. At her husband's death, a widow may have her marriage portion and inheritance at once and without trouble. She shall pay nothing for her dower, marriage portion, or any inheritance that she and her husband held jointly on the day of his death. She may remain in her husband's house for forty days after his death, and within this period her dower shall be assigned to her… 12. No "scutage" or "aid" may be levied in our kingdom without its general consent, unless it is for the ransom of our person, to make our eldest son a knight, and (once) to marry our eldest daughter. For these purposes only a reasonable "aid" may be levied. "Aids" from the city of London are to be treated similarly. 13. The city of London shall enjoy all its ancient liberties and free customs, both by land and by water. We also will and grant that all other cities, boroughs, towns, and ports shall enjoy all their liberties and free customs. . . . 20. For [a] trivial offence, a free man shall be fined only in proportion to the degree of his offence, and for a serious offence correspondingly, but not so heavily as to deprive him of his livelihood. 39. No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land. Mayflower Compact text (spelling and capitalization in the original) In the name of God, Amen. We whose names are underwritten, the loyal subjects of our dread Sovereign Lord King James, by the Grace of God of Great Britain, France and Ireland, King, Defender of the Faith, etc. Having undertaken, for the Glory of God and advancement of the Christian Faith and Honour of our King and Country, a Voyage to plant the First Colony in the Northern Parts of Virginia, do by these presents solemnly and mutually in the presence of God and one of another, Covenant and Combine ourselves together into a Civil Body Politic, for our better ordering and preservation and furtherance of the ends aforesaid; and by virtue hereof to enact, constitute and frame such just and equal Laws, Ordinances, Acts, Constitutions and Offices, from time to time, as shall be thought most meet and convenient for the general good of the Colony, unto which we promise all due submission and obedience. In witness whereof we have hereunder subscribed our names at Cape Cod, the 11th of November, in the year of the reign of our Sovereign Lord King James, of England, France and Ireland the eighteenth, and of Scotland the fifty-fourth. Anno Domini 1620. Excerpt from the English Bill of Rights “That it is the right of the subjects to petition the king, and all commitments and prosecutions for such petitioning are illegal; That election of members of Parliament ought to be free; That the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament; That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; That jurors ought to be duly impanelled and returned, and jurors which pass upon men in trials for high treason ought to be freeholders; That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void; And that for redress of all grievances, and for the amending, strengthening and preserving of the laws, Parliaments ought to be held frequently Excerpt from Common Sense Society in every state is a blessing, but Government, even in its best state, is but a necessary evil; in its worst state an intolerable one: for when we suffer, or are exposed to the same miseries by a government, which we might expect in a country without government, our calamity is heightened by reflecting that we furnish the means by which we suffer. Government, like dress, is the badge of lost innocence; the palaces of kings are built upon the ruins of the bowers of paradise. For were the impulses of conscience clear, uniform and irresistibly obeyed, man would need no other lawgiver; but that not being the case, he finds it necessary to surrender up a part of his property to furnish means for the protection of the rest; and this he is induced to do by the same prudence which in every other case advises him, out of two evils to choose the least. Wherefore, security being the true design and end of government, it unanswerably follows that whatever form thereof appears most likely to ensure it to us, with the least expense and greatest benefit, is preferable to all others……….. A government of our own is our natural right: And when a man seriously reflects on the precariousness of human affairs, he will become convinced, that it is in finitely wiser and safer, to form a constitution of our own in a cool deliberate manner, while we have it in our power, than to trust such an interesting event to time and chance. If we omit it now, some Massenello2 may hereafter arise, who laying hold of popular disquietudes, may collect together the desperate and the discontented, and by assuming to themselves the powers of government, may sweep away the liberties of the continent like a deluge. Should the government of America return again into the hands of Britain, the tottering situation of things, will be a temptation for some desperate adventurer to try his fortune; and in such a case, what relief can Britain give? Ere she could hear the news the fatal business might be done, and ourselves suffering like the wretched Britons under the oppression of the Conqueror. Ye that oppose independence now, ye know not what ye do; ye are opening a door to eternal tyranny, by keeping vacant the seat of government. English Bill of Rights (graphic copy) Source: Florida Joint Center for Citizenship
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