Magna Carta by Jim McGrath

MDV 2100 Professor E. May 23 March 2010

McGrath 1

The Magna Carta (or Great Charter of Freedoms) was hastily written by many hands1 in the early thirteenth century during the reign of King John, with its first version appearing in 1215. Its purpose was to grant the English Church, both clergy and laypeople,2 freedom from the crown to make internal appointments, provide rights to his people under administrative and legal clauses and to limit the authority of the monarch.3 In this paper, there will be an analysis of the Great Charter and how it had provided us, generations later, with a stepping stone to future legal documents and an insight into medieval society. Although The Magna Carta has been generally viewed as a direct descendant of King Henrys Coronation Charter of 1100,4 and had many sections copied word for word, it was one of the first and most influential legal documents ever written, and reissued several times (1216, 1217 and 1225, with some laws still on English law books from the final version of 1297).5 Once King John signed the document The Magna Carta had several immediate effects, foremost was the barons renewed their oath of allegiance to the king. It also provided rights to the people and church, limited rights to women6 and became a symbol of oppression. Longer lasting effects
1

The Text of the Magna Carta, Fordham University, n.d. Web, 19 Mar. 2010, <http://www.fordham.edu/halsall/source/magnacarta.html>.
2

William Sharp McKechnie, Magna Carta A Commentary on the Great Charter of King John (Glasgow: James Maclehose and Sons, 1914) 191.
3 4 5 6

The Text of the Magna Carta. McKechnie, 93. McKechnie, 139-152. McKechnie, 215.

McGrath 2

included becoming the basis of other documents such as the United States Constitution, the Petition of Rights and the Universal Declaration on Human Rights. It has also had universal implications for the future development of human liberties world-wide, and has led to the rule of constitutional law which we see today in the English speaking world. Though it has this distinction, it also has its strengths and weaknesses, namely outlining rights and freedoms but without any real enforcement behind it. The Magna Carta was a document written out of necessity. When King John was crowned in early in the thirteenth century, there were numerous failures that he suffered through both at home and abroad, along with what his nobles perceived as abuses of his power. There were many problems in France that were causing major discontent at home, such as the English losing large portions of land and claim over the Anjou empire, the mysterious disappearance of Arthur of Brittany (who was rumored to have been murdered by King John himself), and his defeat at the Battle of Bouvines,7 along with high taxes in England. These problems led the English barons to revolt against him in an attempt to try to restrain the kings wide sweeping power to within the law. On 10 June 1215, the barons entered a sympathetic London to force King John to sign the charter under threat of civil war. In retrospect, The Magna Carta seemed to be more of a peace treaty than a bill of rights; most of the document was promises and provisions made by King John to restrict his use of power over his nobility. Among the Kings promises, some liberties were to be granted to his subjects and freedom to the Church to allow them to appoint those within their hierarchy on their
7

Battle of Bouvines, Encyclopedia Britannica Online, n.d. Web, 18 Mar. 2010, <http://www.britannica.com/EBchecked/topic/76000/Battle-of-Bouvines>.

McGrath 3

own without interference from the crown, effectively separating Church and state. Previous to this, the Kings power over his subjects and God was not restricted by any legal means. He could arrest, evict or confiscate any belongings at his whim, without proof, witness or cause. These freedoms were one of the major strengths of the charter, to provide his citizens with rights that protected them from prosecution and imprisonment. They could feel more at ease with their basic rights to life and liberty, the right to meet their accuser and a trial to be held within a reasonable period, and a woman could access her property should she lose her husband. These are rights which we take for granted today, but to those of that period, it was something completely new. Now that the King was to be restrained in his powers under the law, a body or council had to be put into place that would regulate his power. This was achieved in Chapter 61,8 the formation of a council of twenty-five barons who would meet to address any wronged parties and to have the King redress them within forty days or face compulsion (confiscation of lands, castles and belongings until redress was made). This was an important strength of the charter, to provide a counterpoint which could keep the King in check. This council would be the forebearer of the British parliament. The charter provides us with a glimpse of the feudal system and insight into medieval society on what rights and freedoms were provided and what level of civil rights people actually had. In general, the people appeared oppressed, in servitude to their masters, barons and kings. The Magna Carta broke some of those shackles.

The Text of the Magna Carta.

McGrath 4

Some disadvantages of the charter could have been that there was no judicial body put into place to enforce whatever the council decided (under Chapter 61), other than to just have a legalized revolt9 against the king, there was no council defined that would influence the kings policies, there was no defining of the different levels of government (legislative, administrative and judicial) or government responsibility. In essence, it was a rough skeleton of what future documents would be like, albeit a powerful step for its time. In terms of mainstream views, most of the general public does not know what The Magna Carta is. I myself was never taught was it was in school; all I knew was that it was a document that a king had signed in the Middle Ages. In 2008, in a survey carried out by the British Library, it was found that only forty-five percent of the British population knew what it was, and a less than thirty-two percent could explain its purpose10 and this was a document that came from their own country. Those that did know and were able to explain it, viewed The Magna Carta as a great document from the Middle Ages giving rights to the people and restricting the monarchs authority. One of the most enduring legacies of the charter was the foundation for the Writ of Habeas Corpus,11 that a person can seek relief from unlawful detention; it is often referred to as

McKechnie, 468.

10

Half UK Population doesnt know what the Magna Carta is, Culture24, 12 Mar. 2008, Web, 20 Mar. 2010, <http://www.culture24.org.uk/history+%2526+heritage/time/medieval+britain/ art55127>.
11

Writ of Habeas Corpus, Stanford University, n.d. Web, 20 Mar. 2010, <http://www.stanford.edu/group/psylawseminar/Habeas%20Corpus.htm>.

McGrath 5

the dearest birthrights of Britons.12 This is the most famous writ which was codified into law by the Habeas Corpus Act of 27 May 1679,13 and is the basis of most legal systems where an accused must have proof against him and is innocent until proven guilty. Overall The Magna Carta was a great step in rights and freedoms for the time, it established a council which would eventually grow into the British Parliament and provide the basis for constitutional government which we now see all over the English speaking world. It also influenced other charters and constitutions for centuries to follow and brought all powerful kings under some sort of legal control and protected people from random and unwarranted arrest and imprisonment. In conclusion, The Magna Carta is an excellent source document to study the Middle Ages, in the terms of rights and freedoms it granted to both the Church and citizens but also by limiting the powers that kings had and were able to abuse. The Great Charter of Freedoms is one of the greatest legal documents ever written and has had untold influence on the growth of constitutional law and the path that civil liberties has taken over the centuries. As previously stated, there are many great documents such as the British Bill of Rights, the Canadian Charter of Rights and Freedoms and the United Nations Universal Declaration of Human Rights who lend their ancestry to The Magna Carta. Without a group of frustrated barons from centuries past, who knows where our rights and freedoms would be today.

12 13

Writ of Habeas Corpus.

Habeas Corpus Act, British Library Board, n.d. Web, 18 Mar. 2010, <http://www.bl.uk/ onlinegallery/takingliberties/staritems/25habeascorpusact.html>

McGrath 6

Bibliography "Battle of Bouvines." Encyclopedia Britannica Online. n.d. Web. 18 Mar. 2010. <http://www.britannica.com/EBchecked/topic/76000/Battle-of-Bouvines>. Habeas Corpus Act. British Library Board. n.d. Web, 8 Apr. 2010. <http://www.bl.uk/ onlinegallery/takingliberties/staritems/25habeascorpusact.html>. "Half UK Population doesn't know what the Magna Carta is." Culture24. 12 Mar. 2008. Web. 16 Mar. 2010. <http://www.culture24.org.uk/history+%2526+heritage/ time/medieval+britain/art55127>. McKechnie, William Sharp. Magna Carta - A Commentary on the Great Charter of King John. Glasgow: James Maclehose and Sons, 1914. "The Text of the Magna Carta." Fordham University. n.d. Web. 18 Mar. 2010. <http://www.fordham.edu/halsall/source/magnacarta.html>. "Writ of Habeas Corpus." Stanford University. n.d. Web. 20 Mar. 2010. <http://www.stanford.edu/group/psylawseminar/Habeas%20Corpus.htm>.