Magna Carta, the Glorious Revolution, and American Democracy

By Trevor Getz
Scholars explaining the roots of the American Revolution often look to centuries of English democratic traditions. Are they right?

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Painting showing a crowd of soldiers in a forest, with a priest leading Charles I to his execution in 1649.

Continuities?

The First Continental Congress met in late 1774. The men who gathered were representatives of North America’s British colonies. Their meeting eventually led to the American War of Independence. Together, the representatives wrote a Declaration of Rights and Grievances. This document demanded better treatment from Britain’s King George III. It demanded the liberties the representatives believed were guaranteed by “the English Constitution, and several charters.” These included:

  • freedom from taxation without representation
  • the right to a trial by a jury of peers
  • protection of life, liberty, and property

These phrases were taken from British legal and political documents. They all showed up later in the US Constitution. So, would it be fair to say American democracy is based on British ideas of liberty and rights? Let’s take a look at some of the more important documents and events in British history.

Magna Carta

In its 1774 Declaration, the Continental Congress referred to Britain’s “constitution.” But actually, Britain didn’t have a constitution. Rather, it had a number of charters and “compacts”, or legal agreements. These documents granted certain rights. They were given by the king to various parts of the population.

Photo of an open gold case with an engraving, two gold coins, and a glass sheet with gold text standing perpendicular.
A copy of the Magna Carta on display at the US Capitol building. Although an English document, it has been celebrated as a step on the way to American democracy. © Getty Images.

The first of these documents was the Magna Carta. King John was forced to sign this charter by a group of nobles on June 15, 1215. The Magna Carta guaranteed certain rights and freedoms, mostly to the nobles. The nobles were unhappy with their high taxes and loss of power. John was a weaker king, so the nobles were able to force him to agree to some reforms. These reforms limited the taxes they could be forced to pay. They also guaranteed the nobles fair treatment should they be charged with any crime.

This is exactly the kind of stuff you find in the US Constitution and Bill of Rights.

 

Magna Carta

US Constitution

Paragraph 34 of the Magna Carta: “The writ … shall not in the future be issued … if a free man could thereby be deprived of the right of trial in his own lord’s court.

US Constitution, Sixth Amendment: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial … [in] the state or district wherein the crime shall have been committed which district shall have been ascertained by law …”

Paragraph 52 of the Magna Carta: “To any man who we have deprived … of lands, castles, liberties or rights without the lawful judgments of his equals, we will at once restore these.”

US Constitution, Sixth Amendment: “In all criminal prosecutions, the accused shall enjoy the right to a
trial by an impartial jury…”

 

So, some of the rights the founders of the United States would emphasize were indeed found in the Magna Carta. But remember, the rights the Magna Carta promised were only for some. They applied only to important and powerful men.

English Civil War

Cover page of The Declartion and Standard with an engraved image of the Levellers submitting proposals.
Representatives of the Levellers putting their proposals before Parliament. Courtesy of the Bodleian Library, Oxford and Google Books. Public domain.

A second important event in British history was the English Civil War of 1642-1651. Those who supported King Charles I were on one side. Those who supported the English Parliament were on the other. Parliament’s members were partly elected. The king, of course, was not elected. A war like this, between a king and an elected parliament, can easily be seen as a model for the American War of Independence. After all, it was a fight for democracy.

There is another similarity between the two wars: The English Civil War was mostly caused by anger over taxes. The taxes had been introduced by the king without the support of Parliament. It was this fact that made many people particularly angry. Years later, anger over the same thing helped cause the American Revolution. (Think of the colonists’ demand that there be “no taxation without representation.”)

The English Civil War gave rise to a number of groups who were very democratic. One was the Levellers. The Levellers were radical supporters of the Parliamentary side. They called for:

  • rule by the people (a phrase that would come back in the American Revolution)
  • a widespread right to vote
  • religious tolerance

But the Levellers did not win the war, partly because they were too radical. By 1660, Charles I’s son – Charles II – was restored to the throne.

Glorious Revolution

Now for a third important event in English political history: the Glorious Revolution of 1688. This bloodless revolution is often seen as a big influence on the American Revolution. The revolution ousted James II, who was Charles II’s son, from power.

The Glorious Revolution took place partly because James II suspended Parliament and tried to rule all by himself. This unpopular move got him replaced. The rebels put William of Orange and his wife, Mary, on the throne. However, they wanted to limit the new rulers from taking complete power. So, William and Mary had to sign a document called the Bill of Rights. This English Bill of Rights of 1689 had a lot of similarities to the later American Constitution and Bill of Rights.

Elaborate engraving of the royal court at the ratification of the Bill of Rights by King William and Queen Mary.
The Bill of Rights ratified at the Revolution by King William, and Queen Mary, previous to their Coronation. ©National Portrait Gallery, London.

For example:

English Bill of Rights

US Revolution and Constitution

Makes it illegal for the King to institute taxes without the consent of Parliament

American revolutionary cry of no taxation without representation

Provides free elections

US Constitution provides for certain groups of people to elect members of Congress

Freedom of debate and speech, at least in Parliament

First Amendment of the US Bill of Rights guarantees free speech

Makes cruel and unusual punishments illegal

Eighth Amendment of the US Bill of Rights also prohibits cruel and unusual punishments

 

But some argue the Glorious Revolution was not really revolutionary. It was mostly organized by a group of wealthy men. All they did was replace one king with another.

Limitations of the argument

One could argue that there was no real tradition of democracy in England. The Magna Carta only recognized the power of the nobles. The English Civil War ended not in democracy, but with the return of a king. The English Bill of Rights was very limited.

British political thinkers who most inspired the Americans were not in power. Back in Britain, their work was not widely read. However, these thinkers were very popular in the American colonies. The writings of Thomas Paine and other American rebels drew on their ideas.

Why were these ideas so popular in the American colonies? Unlike England, the colonies had many people who owned land. Also, the colonies were far away from the British government and had to make decisions on their own. As a result, they had elected local governments to make decisions on local matters. Finally, many different religious groups lived together in the colonies. All this made the ideas of the radical writers very appealing.

This isn’t to say that the British legal and political tradition wasn’t important to the American Revolution. It was. It’s just that the radicals who had the most influence on American laws and documents had little power in Britain itself.

Sources

Bailyn, Bernard. The Ideological Origins of the American Revolution. Boston: Harvard University Press, 1992.

Magna Carta: Muse and Mentor, Library of Congress Exhibition, November 6, 2014-January 19, 2015. Accessed May 24, 2020, https://www.loc.gov/exhibits/magna-carta-muse-and-mentor/magna-carta-and-the-us-constitution.html

Trevor Getz

Trevor Getz is a professor of African and world history at San Francisco State University. He has been the author or editor of 11 books, including the award-winning graphic history Abina and the Important Men, and has coproduced several prize-winning documentaries. Trevor is also the author of A Primer for Teaching African History, which explores questions about how we should teach the history of Africa in high school and university classes. Bennett Sherry holds a PhD in History from the University of Pittsburgh and has undergraduate teaching experience in world history, human rights, and the Middle East at the University of Pittsburgh and the University of Maine at Augusta. Additionally, he is a Research Associate at Pitt’s World History Center. Bennett writes about refugees and international organizations in the twentieth century.

Image credits

Creative Commons This work is licensed under CC BY 4.0 except for the following:

Cover image: Charles I on his way to be executed, 1649. © Culture Club / Getty Images.

A copy of the Magna Carta on display at the US Capitol building. Although an English document, it has been celebrated as a step on the way to American democracy. © Molly Riley / Getty Images for ANOC.

Representatives of the Levellers putting their proposals before Parliament. Bodleian Library, Oxford and Google Books. Public domain. https://books.google.com/books?id=jOdbAAAAQAAJ&printsec=frontcover#v=onepage&q&f=false

The Bill of Rights ratified at the Revolution by King William, and Queen Mary, previous to their Coronation. © National Portrait Gallery, London.


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