Comparing And Contrasting The English Bill Of Rights And Magna Carta - Essay Example

Comparing and Contrasting the English Bill of Rights and Magna Carta

The world order and social structure were significantly different a few centuries ago. The concept of democracy and personal liberty were alien to the people who lived in those times. However, the last few centuries witnessed a noticeable change in the way the society functions, and the change was the most dramatic in the Western world.

The early years of the second millennium witnessed fresh thoughts and worldviews. Two such milestones are scrutinized here. Magna Carta and the Bill of Rights were not contemporaries, but a look into European history proves that both were significant in developing the Western ideology of freedom. Magna Carta was written in the 1200s in England, and nobles were the people behind its production. That period saw an unconditional exercise of authority by the ruler of England, which often dissatisfied the nobles and landlords who felt the necessity of more impact in decision-making.

Thus, in 1215, they compiled the demands to bring peace between the warring barons and King John. The Bill of Rights was written in the 1600s to deprive the monarch of excessive power, and it sought to guarantee the basic rights of the laymen. With the coming of the English Bill of Rights, Magna Carta became insignificant despite having slightly different goals.

This essay intends to identify some similarities and dissimilarities between the Bill of Rights and Magna Carta with the help of a thorough analysis focusing on comparing and contrasting the English Bill of Rights and Magna Carta as important documents.

The obvious primary similarity between these documents on human rights exists in their common origin from civilian resentment. For Magna Carta, the cause was that the barons in England found themselves deprived of their liberties and rights as King John of England accumulated and exercised too great power. During that time, the society was feudal in nature, where the property belonged to the king who granted the land to barons for which they had to pay different forms of tax, offer military service when required, and often heed to other demands made by the rulers from time to time.

Yet, when a baron died, the monarch had the authority to sell the guardianship to anyone. By the time of King John, the situation was at its worst with the ruler demanding very high payments from the barons to fulfill their military responsibilities. In addition, the king appointed all the judges in county courts who often ruled in the king’s favor. These things forced them to prepare such a document in order to protect their interests. That culminated in the creation of the first document.

Thus, Magna Carta was written as an effort to force King John to allow the English barons the rights they deserved, that was signed in June 1215. This English Great Charter – or Magna Carta — is unforgettable for Europe because it established the concept of common man’s rights in English history by bringing the ruler under the scope of the law and managed to have the same approved by the ruler. Actually, there was a gradual decline in the influence of the throne since the time of William, who took over England in 1066. He brought both the Church and the nobles under too much control to cause their dissatisfaction.

However, all the rulers thereafter, including his son Henry I, issued some forms of written documents promising more liberal attitude towards the citizens and the Church. Thus, what happened in 1215 was the culmination of this movement.

The English Bill of Rights is an extension of this demand for freedom seen in the Western world, and one can say that the Bill was written as an improvised version of the Magna Carta. It further reduced the power of the monarch. After the Glorious Revolution of 1688, James II gave up the throne and absconded, fearing execution by the angry mob. It was decided the monarchy would be allowed to continue on the throne if they were willing to shed some major authorities they exercised.

The rulers thereafter, namely William III and Mary II, signed the English Bill of Rights, which further reduced the power of the Crown and declared absolute sovereignty for the Parliament. The monarch lost the power to interfere with the law in any way. In fact, it is the dictatorial activities of James II that resulted in the Bill. He decided to suppress the civil unrest and tried to reintroduce Catholic practices in England, but both backfired, resulting in his fleeing the country.

Later on, Mary and William, who inherited the Crown, officially signed the document. Thus, they were written as a result of civilian unrest in England, and both were the result of public sentiments against the British monarch. Thus, these two documents under scrutiny were meant to guarantee rights to civilians. While the former aimed to reduce the influence, the latter guaranteed that the monarch comes under legal control.

Another similarity is that the documents had a background of civil agitation. Magna Carta had its origin due to the outcry against King John. Similarly, the English Bill of Rights was written as an aftermath of the Revolution in 1688 to eliminate King James II. Magna Carta primarily addressed issues like the nobles’ opportunity to participate in a trial jury, restricting the power of the king to impose unexpected taxes, the need for an independent legal system, and the property rights of civilians.

Similarly, and moving one step ahead, the English Bill of Rights sought freedom of beliefs and speech, restricting the monarch’s interference in the judiciary, controlling the degree of severe punishments, and establishing the Parliament as the supreme authority above the monarch. Thus, one can find that the Magna Carta acted as the basis on which the English Bill of Rights was created. The intention of the Magna Carta was to limit the power of the monarch and establish a special legal system where the barons could elect some representatives.

Further improving on this, the English Bill of Rights that was enacted 500 years later focused on creating a free government that is not influenced by the monarch and a free election where people hold the rights. Thus, it becomes evident that these two were the result of the new awakening happening in the minds of people in Western society in the early years of the millennium, which later altered the society altogether.

Yet, these two documents were actually developed for two different purposes. A close observation reveals that very little attention is paid in the Magna Carta to the issues faced by laymen in the English society of that time or their rights, but its main intention was ensuring the welfare of the nobles by protecting their interest from the encroachment of the monarch. Therefore, it cannot be called a step that addresses the common good. Showing marked improvement, the Bill of Rights was written with the main intention of seeking rights like free religion, speech, and expression to mention but few. Though the Magna Carta only aimed to limit the authority of King John, the Bill was aimed at promoting the Parliament as the ultimate controller of the nation to replace the monarch for good.

To conclude, the Magna Carta written in the early years of the millennium, originated from the elites who desperately wanted to stop the monarch from exercising excessive control, often affecting their interests adversely. So the document mainly tried to safeguard the rights of the warring baron groups to make them capable of functioning effectively.

With significant similarity, the English Bill of Rights written in the 1600s further strengthened the position by permanently establishing the Parliament above the power of the monarch through the Bill. Thus, both the Magna Carta and the Bill of Rights will always be cherished as two important milestones in the growth of modern society.