Thursday, May 7, 2009

The English Bill of Rights (1689)

After the Parliament overthrew and beheaded King Charles I, it did a bit of experimentation to rule England as a republic. Ultimately, England asked the Dutch ruler William of Orange to become the new king. However, before this came about, the Parliament wanted some reassurances about what life would be like under the new king and so they crafted the English Bill of Rights.

The document is important in that it is a very early statement that the king is no longer to be considered divine and omni-powerful. The powers of the monarch are curtailed greatly and the powers of the Parliament to make or approve the laws of the land are detailed. It also states that the populace can retain arms. Also, the members of Parliament cannot be persecuted for actions taken in Parliament and that the election to the Parliament is to be free. It further goes on to state that an army kept inside the kingdom without the consent of Parliament in a time of peace is illegal. It is important in that the rights of citizens are not to be curtailed by the capricious nature of a king.

The document had a great impact on the writers of the American Constitution some 100 years later. In fact, article 10 of the American Bill of Rights is virtually a word for word copy of the tenth article of the English bill of rights: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The founding fathers undoubtedly used much of this document to make our constituion.

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