The Magna Carta and Its Significance
John became King of England in 1199 when the previous king, his brother, passed away with no children to succeed him. While King John ruled England he was constantly at war with France which consequently put him under pressure. Due to the constant fighting, King John made domestic problems with the Barons and Bishops of England. He made these problems because in order to fight in the wars, he needed money to fund an army. King John got this money by heavily taxing them. The barons felt as if King John was unjust in taxing them and that he was taking away some of their individual freedoms. By 1215, the barons were fed up with King John and decided to rebel. The rebellion was led by baron Robert Fitzwalter. The barons were able to “takeover” London and at that point King John knew he needed to negotiate with them. King John met with the barons in June of 1215 at Runnymede. Here is where the barons demanded that the King signed a document called the Magna Carta. By doing this, King John would be agreeing to his duty as King of England, and upholding the law and running a fair government for all. If he signed this document, the barons agreed to surrender London and to stop their rebellion.
The Magna Carta is an important document in the history of freedom and democracy because it is considered to have started the transition from monarchy to true democracy. Provision 1 discusses naming church officials and who they will be named by. An excerpt from Provision 1, “…the English Church shall be free, and shall have its rights undiminished, and its liberties unimpaired. That we wish this so to be observed, appears from the fact that of our own free will, before the outbreak of the present dispute between us and our barons, we granted and confirmed by charter the freedom of the Church's elections…”, a modern day translation for this would be when it comes to naming the church officials, the power is in the church’s hands, not the king. By doing this, it takes absolute power away from the King. Therefore, the church can act without being subject to interference of the King and this guarantees rights and freedom to the church.
Provisions 2-11 all have to do with the same thing. These provisions all answer various questions about inheritance. What happens when someone dies and the steps to inherited property. Provision 2 discusses how an heir to a feudal estate would receive property rights. Under the feudal system, the heir would have to pay a fee to the king in order to eventually become the new owner of the property. What provision 2 does is make the fee much smaller than the original amount. Provision 3 allows fairness by creating another way for the lord to make money without having to make a minor pay a fee when inheriting property. If an heir is underage, the lord will be able to use the land until the heir becomes of age, allowing the lord to benefit financially. Provision 4 goes off of provision 3 by saying if the guardian of the land, before the heir is of age to receive it, damages the property then the heir will have the right to compensation. Ensuring the heir gets the full value of their inheritance. Provision 5 says that the guardian of a minor’s land has return the land once the heir comes to age but they also must provide sources for the heir to farm and live off its yields. Provision 6 protects the underage heir of property to be subject to marriage with the guardian of the land. Provision 7 made it so widows could live comfortably with what is rightfully hers and it also protects her from the king. Whatever her and her husband shared during marriage is protect as her own once her husband is passed, ensuring the King cannot make her leave her own home by imposing unrealistic demands. In attempts to maintain a state of equilibrium within power, provision 8 states that a widow does not have to get remarried but if she chooses to, she must get consent from whoever controls her territory. Provision 9 requests for fair settlements of those in debt and the protection of one’s property. In other words, a King cannot take someone’s property if they have enough property other than land to use as a loan. Therefore, this provision allows a person to pay off debts in other ways than using land or money to do so. Both provision 10 and 11 brings up questions of prejudice, but the main reason for them was to ensure neither minors nor wives would unjustly lose their inheritance.
Provision 12 discusses how scutages shall be dealt with. The barons were tired of the Kings demand for financial support for military ventures in Europe. Therefore, the barons created this provision to avoid paying the scutages or also known as taxes. This provision also limits the circumstances where the King could call for such taxation.
What later became known as the English Parliament was derived from provision 14. This provision summoned all archbishops, abbots, earls, and greater barons to get a communal consent over taxes that may be imposed by the king. This started watch over the king. He no longer makes decisions just to benefit himself because of the representative’s oversight.
The next five provisions, 15-19, all have to do with obligations to the King. Such things like taxes, property rights, and debt repayment are discussed. Provision 15 adds additional tax limitations. Provision 16 ensures fairness in terms of greater military service based off of the amount of property one owns. Furthermore, this is a concrete example of one of the main principles of due process within the Magna Carta. Provision 17 focuses on the idea of having an established court, where all legal records will be kept. Provision 18 grants permission for various court cases to be help at local courts due to it being more suitable and convenient based off of the type of case it is. Provision 19 ensures fairness in court.
The purpose for provisions 20-22 was to establish proper punishments for various crimes but the punishment was determined by the seriousness of the crime. The seriousness of the crime is determined within court through trial by jury. This establishes a value of fairness within the public.
King John creating an extreme tradition that called for most communities to build and maintain bridges for soldiers to cross. He even insisted bridges be built in places he wanted to hunt. This extreme led to provision 23 which restrained the duty to build bridges. The only clause was, those who had ancient obligations would still have to carry on the bridge tradition.
Provision 24, along with provision 45, push for public courts over private courts. The argument that royal courts are more just and fair than lord courts. The goal of this provision was to provide a uniformed system of justice.
The next seven provisions discuss rules and regulations in relation to property and what solidifies the right to own property. Provision 25 says rent is set as a mean to prevent sheriffs who are collecting for the King from increasing rent on locals. Prior to the Magna Carta, sheriffs had been known for taking property from those who had died if they owed the King money. Provision 26 limits what they can and can’t take. During that process, a third party would need to be present to ensure rules are being followed, due process. Provision 27 regards to what happens when a man dies and does not have a will. The provision states the church will be in charge of the fair distribution of his property, and those whom the deceased owed money to will be honored as well. Provision 28 requires the King’s men to pay for goods immediately upon receiving them from farms and nearby villages. Too many times before these farms and villages would receive no payment at all or a delay underpayment. Provision 29 allows a tenant of a Lord to regain the option of guard duty at the castle or opting out and paying a fee. Provisions 30 and 31 protect an individual’s property from being stolen. Under the feudal system, the property/land of any Lord or person that has been convicted of a felony becomes the Kings for one year and one day. The provision also states that the property will be returned after the time period has concluded.
Provision 33, calls for all fish-weirs to be removed from rivers except on the coast. The purpose of doing this is to ensure transportation to accommodate trade throughout England. The fish-weirs are means of obstruction that needed to go to allow trade to flourish. Also, fish-weirs up river could result in a shortage of fish down river. Therefore, this provision also has to do with fairness in that regard.
Trying to keep the marketplace competitive yet fair, provision 35 recognizes the need for a fair marketplace. There are rules and consequences that come with foul play within the marketplace. Fair exchange is set by standards created by higher authority that everyone must follow in order for it to work.
Provision 36 calls for the writ of inquisition free of charge. Similar to habeas corpus in modern day terms. Somebody that is subject to punishment is required by law to have the writ of inquisition available upon demand. This establishes a very important parts of the due process of law.
Provision 38, “In future no official shall place a man on trial upon his own unsupported statement, without producing credible witnesses to the truth of it” discusses another key element of due process.