Primary Source #1 Source: Magna Carta, June 15, 1215. As quoted by C. Stephenson, Sources of English Constitutional History. (New York: Harper and Row, 1937), pp 115-26. Editorial comment (Stephenson), While these nobles wanted to protect their own feudal rights, the document considered the first major step toward democracy in England. It established the principle that the king is not above the law. 1. We have granted to God and by this confirmed, for us and our heirs forever, that the English Church shall be free and shall have its rights entire and its liberties inviolate 12. Scutage [military tax] or aid [feudal tax] shall be levied in our kingdom only by the common council of our kingdom 21. Earls and barons shall be amerced [fined] only by their peers and only according to the degree of the misdeed. 39. No freeman shall be captured or imprisoned or [dispossessed] or outlawed, or exiled or in any way destroyed except by the lawful judgment of his peers or by the will of the land. 40. To no one will we sell, to no one will we deny or delay right and justice.
Primary Source #2 Source: John Locke, Second Treatise of Civil Government. Old South Leaflets, No. 208. Boston. Old South Association, n.d. The state of nature has a law of nature to govern it, which obliges everyone; and reason which is that law, teaches all mankind that being all equal and independent, no one ought to harm another in his life, liberty, or possessions Men being, as has been said, by nature all free, equal, and independent, no one can be put out of this estate and subjected to the political power of another without his own consent The supreme power cannot take from any man any part of his property without his own consent These are the bounds which society, and the law of God and Nature, have set to the legislative power of every commonwealth First, they are to govern by established laws, not to be varied in particular cases, but to have one rule for the rich and poor. Secondly, these laws ought to be designed for no other end but the good of the people. Thirdly, they must not raise taxes on the property of the people without the consent of the people Whenever the legislators endeavor to take away and destroy the property of the people, or to reduce them to slavery they put themselves in a state of war with the people
Primary Source #3 Source: Letter from Emperor Ch ien Lung to George III of England, 1793 You, O King, live beyond the confines of many seas. Nevertheless, impelled by your humble desire to partake of the benefits of our civilization, you have dispatched a mission respectfully bearing your memorial I have perused your memorial: the earnest terms in which it is couched reveal a respectful humility on your part which is highly praiseworthy. In consideration of the fact that your ambassador and his deputy have come a long way with your memorial and tribute, I have shown them high favor and have allowed them to be introduced into my presence. To manifest my indulgence, I have entertained them at a banquet and made them numerous gifts As to your entreaty to send on of your nationals to be accredited to my Celestial Court and to be in control of your country s trade with China, this request is contrary to all usage of my dynasty and cannot possibly be entertained If you assert that your reverence for our Celestial Dynasty fills you with a desire to acquire our civilization, our ceremonies and code of laws differ so completely from your own that even if your envoy were able to acquire the rudiments of our civilization, you could not possibly transplant our manners and customs to your alien soil. Therefore, however adept the envoy might become, nothing would be gain thereby. Swaying the wide world, I have but one aim in view, namely, to maintain a perfect governance and to fulfill the duties of the State: strange and costly objects do not interest me. If I have commanded that the tribute offerings sent by you, O King, are to be accepted, this was solely in consideration for the spirit which prompted you to dispatch them from afar. Our dynasty s majestic virtue has penetrated into every country under heaven, and kings of all nations have offered their costly tribute by land and sea. As your ambassador can see for himself, we possess all things. I set no value on objects strange and ingenious, and have no use for your country s manufactures.
Primary Source #4 Source: British Parliament, The English Bill of Rights, 1689. Whereas the said late King James II having abdicated the government, and the throne being thereby vacant, his Highness the prince of Orange did cause letters to be written to the lords spiritual and temporal, being Protestants, and other letters for the choosing of such persons to represent them, as were of right to be sent to parliament, to meet and sit at Westminster in order to such an establishment as that their religion, laws, and liberties might not again be in danger of being subverted; upon which letters elections have been accordingly made. And thereupon the said lords spiritual and temporal and Commons, pursuant to their respective letters and elections, being now assembled in a full and free representation of this nation, taking into their most serious consideration the best means for attaining the ends aforesaid, do in the first place for the vindication and assertion of their ancient rights and liberties, declare: 1. That the pretended power of suspending laws, or the execution of laws, by regal authority, without consent of parliament is illegal 4. That levying money for or to the use of the crown by pretense of prerogative, without grant of parliament, for longer time or in other manner than the same is or shall be granted, is illegal. 5. That it is the right of the subjects to petition the king, and all commitments and prosecutions for such petitioning are illegal. 10. That excessive bail out not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Primary Source #5 Source: Treaty of Tordesillas, 1494. [I.] That, whereas a certain controversy exists between the said lords, their constituents, as to what lands, of all those discovered in the ocean sea up to the present day, the date of this treaty, pertain to each one of the said parts respectively covenanted and agreed that a boundary or straight line be determined and drawn north and south, from pole to pole, on the said ocean sea, from the Arctic to the Antartic pole And all lands, both islands and mainlands, found and discovered already, or to be found and discovered hereafter by the said King of Portugal and by his vessels on this side of the said line and bound determined as above, toward the east And all other lands by the King and Queen of Castile, Aragon, etc. and by their vessels on the western side of the said bound
Primary Source #6 Source: John Calvin, Articles Concerning Predestination, 1560. Before the first man was created, God in his eternal counsel had determined what he willed to be done with the whole human race. In the hidden council of God it was determined that Adam should fall from the unimpaired condition of his nature, and by his defection should involve all his posterity in sentence of eternal death. Upon the same decree depends the distinction between elect and reprobate: as he adopted some for himself for salvation, he destined others for eternal ruin. While the reprobate are the vessels of the just wrath of God, and the elect vessels of his compassion, the ground of the distinction is to be sought in the pure will of God alone, which is the supreme rule of justice. While the elect receive the grace of adoption by faith, their election does not depend on faith but is prior in time and order. As the beginning of faith and perseverance in it arises from the gratuitous election of God, none are truly illuminated with faith, and none granted the spirit of regeneration, except those whom God elects. But it is necessary that the reprobate remain in their blindness or be deprived of such portion of faith as is in them. While the will of God is the supreme and primary cause of all things, and God holds the devil and the godless subject to his will, nevertheless God cannot be called the cause of sin, nor the author of evil, nor the subject of an guilt
Primary Source #7 Source: Christopher Columbus, letter to the King and Queen of Spain, ca. 1494. Most High and Mighty Sovereigns, In obedience to your Highnesses commands, and with submission to superior judgment, I will say whatever occurs to me in reference to the colonization and commerce of the Island of Espanola, and of the other islands, both those already discovered and those that may be discovered hereafter. 2. That for the better and speedy colonization of the said island, no one shall have liberty to collect gold in it except those who have taken out colonists papers 4. That there shall be a church, and parish priests and friars to administer the sacraments, to perform divine worship, and for the conversion of the Indians. 12. As, in the eagerness to get gold, every one will wish, naturally, to engage in its search in preference to any other employment, it seems to me that the privilege of going to look for gold ought to be withheld during some portion of each year, that there may be opportunity to have the other business necessary for the island performed.