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MAGNA CARTA
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MAGNA CARTA , or the See also:Great See also:Charter, the name of the famous charter of liberties granted at See also:Runnimede in See also:June 1215 by See also: Turning once more his See also:attention to the recovery of Normandy, he asked the barons for assistance for this undertaking; in reply they, or a See also:section of them, refused, and instead of See also:crossing the seas the king marched northwards with the intention of taking vengeance on his disobedient vassals, who were chiefly barons of the See also:north of England. Langton followed his See also:sovereign to See also:Northampton and persuaded him, at least for the See also:present, to refrain from any serious See also:measures of revenge. Before this interview a See also:national See also:council had met at St Albans at the beginning of See also:August 1213, and this was followed by another council, held in St See also:Paul's See also: In See also:November he met some of his nobles at See also:Bury St See also:Edmunds, but as they still refused to pay the scutage no agreement was reached. At once they took another step towards the See also:goal. With due solemnity (super majus altare) they swore to withdraw their See also:allegiance from the king and to make See also:war upon him, unless within a stated time he restored to them their rightful laws and liberties. While they were See also:collecting troops in See also:order to enforce their threats, John on his See also:part tried to See also:divide his enemies by a concession to the clerical section. By a charter, dated the 21st of November 1214, he granted freedom of See also:election to the church. However, this did not prevent the prelates from continuing to See also:act to some extent with the barons, and early in See also:January 1215 the malcontents asked the king to confirm the laws of Edward the Confessor and the other liberties of the See also:kingdom. He evaded the See also:request and secured a truce until See also:Easter was passed. Energetically making use of this See also:period of See also:respite, he again issued the charter to the church, ordered his subjects to take a fresh See also:oath of allegiance to him, and sent to the pope for aid; but neither these precautions, nor his expedient of taking the See also:cross, deterred the barons from returning to the attack. In See also:April they met in arms at See also:Stamford, and as soon as the truce had expired they marched to See also:Brackley, where they met the royal ministers and again presented their demands. These were carried to the king at See also:Oxford, but angrily he refused to consider them. Then the storm burst. On the 5th of May the barons formally renounced their allegiance to John, and appointed See also:Robert See also:Fitzwalter as their See also:leader. They marched towards London, while John made another See also:attempt to delay the crisis, or to divide his foes, by granting a charter to the citizens of London (May 9, 1215), and then by offering to submit the quarrel to a See also:court of arbitrators under the See also:presidency of the pope. But neither the one nor the other expedient availed him. See also:Arbitration under such conditions was contemptuously rejected, and after the king had ordered the sheriffs to seize the lands and goods of the revolting nobles, London opened its See also:gates and peacefully welcomed the baronial See also:army. Other towns showed also that their sympathies were with the insurgents, and John was forced to his knees. Promising to assent to their demands, he agreed to meet the barons, and the gathering was fixed for the 15th of June, and was to take See also:place in a meadow between See also:Staines and See also:Windsor, called Runnimede. At the famous See also:conference, which lasted from See also:Monday the 15th to Tuesday the 23rd of June, the hostile barons were present in large See also:numbers; on the other See also:hand John, who rode over each See also:day from Windsor, was only attended by a few followers. At once the malcontents presented their demands in a document known popularly as the Articles of the Barons, more strictly as Capitula quae barones petunt et See also:dominus rex concedit. Doubtless this had been See also:drawn up beforehand, and was brought by the baronial leaders to Runnimede; possibly it was identical with the document presented to the royal ministers at Brackley a few See also:weeks before. John accepted the Articles on the same day and at once the great See also:seal was affixed to them. They are See also:forty-eight in number, and on them Magna Carta was based, the See also:work of converting them into a charter, which was regarded as a much more binding See also:form of engagement, being taken in hand immediately. This See also:duty occupied three days, negotiations between the two parties takingplace over several disputed points, and it was completed by See also:Friday the 19th, when several copies of the charter were sealed. All then took an oath to keep its terms, and orders were sent to the sheriffs to publish it, and to see that its provisions were observed, two or three days being taken up with making and sending out copies for this purpose. It should be mentioned that, although the charter was evidently not sealed until the 19th, the four existing copies of it are dated the 15th, the day on which John accepted the articles. The days between Friday the 19th and the following Tuesday, when the conference came to an end, were occupied in providing, as far as possible, for the due See also:execution of the reforms promised by the king in Magna Carta. The document itself provided for an elected See also:committee of twenty-five barons, whose duty was to compel John, by force if necessary, to keep his promises; but this was evidently regarded as insufficient, and the See also:matter was dealt with in a supplementary treaty (Conventio facia inter regem Angliae et barones ejusdum regni). As a See also:guarantee of his good faith the king surrendered the See also:city of London to his foes, while the See also:Tower was entrusted to the neutral keeping of the archbishop of Canterbury. John then asked the barons for a charter that they on their part would keep the See also:peace. This was refused, and although some of the bishops entered a mild protest, the question was allowed to drop. Regarding another matter also, the extent of the royal forests, the prelates made a protest. John and his See also:friends feared lest the inquiry promised into the extent of the hated See also:forest areas would be carried out too rigorously, and that these would be seriously curtailed, if not abolished altogether. Consequently, the two archbishops and their colleagues declared that the articles in the charter which provided for this inquiry, and for a remedy against abuses of the forest laws by the king, must not be interpreted in too harsh a spirit. The customs necessary for the preservation of the forests must remain in force. No securities, however, could bind John. Even before Magna Carta was signed he had set to work to destroy it, and he now turned to this task with renewed vigour. He appealed to the pope, and hoped to crush his enemies by the aid of See also:foreign troops, while the barons prepared for war, and the prelates strove to keep the peace. Help came first from the spiritual See also:arm. On the 24th of August 1215 Innocent III. published a See also:bull which declared Magna Carta null and void. It had been extorted from the king by force (per vim et metum), and in the words of the bull the pope said " compositionem hujusmodi reprobamus penitus et damnamus." He followed this up by excommunicating the barons who had obtained it, and in the autumn of 1215 the inevitable war began. Capturing See also:Rochester See also:castle, John met with some other successes, and the disheartened barons invited See also: See also:Chapter I. declares that the English church shall be See also:free and shall enjoy freedom of election. This follows the precedent set in the accession charter of Henry I. and in other early charters, although it had no place in the Articles of the Barons. On the present occasion it was evidently regarded as quite a formal and See also:introductory matter, and the same remark applies to the general grant of liberties to all freemen and their heirs, with which the chapter concludes.
Then follows a See also:series of chapters intended to restrain the king from raising money by the harsh and arbitrary methods adopted in the past. These chapters, however, only afforded See also:protection to the tenants-in-See also:chief of the crown, and it is clear from their prominent position that the framers of the charter regarded them as of See also:paramount importance.
Chapter II. fixes the amount of the See also:relief to be paid to the king by the See also:heir of any of his vassals. Previously John, disregarding the See also:custom of the past, had taken as much as he could extort. Hence-forward he who inherits a See also:barony must pay £See also:loo, he who inherits a knight's fee too shillings or less, and for smaller holdings less " according to the See also:ancient custom of fiefs."
Chapters III. to VI. See also:deal with the abuses of the king's See also:privilege of acting as See also:guardian of minors and their lands. Money must not be extorted from a See also: Chapters VII. and VIII. are for the protection of the widows of tenants-in-chief. On the death of her See also:husband a widow must receive her rightful inheritance, without delay or hindrance. More-over she must not be compelled to marry, a proceeding sometimes adopted to get her lands into the See also:possession of a royal See also:minion. Chapter IX. is intended to prevent the king from collecting the money owing to him in an oppressive manner. Now for a See also:short time the document leaves the great questions at issue between the king and the barons, and two chapters are devoted to protecting the people generally against the exactions of the See also:Jews. Chapter X. declares that money borrowed from the Jews shall not See also:bear See also:interest during a minority. Chapter XI. provides for the repayment of borrowed money to the Jews, and also to other creditors. This, however, is only to be dope after certain liabilities have been met out of the See also:estate, including the services due to the See also:lord of the See also:land. Having thus disposed of this matter, the grievances of the barons are again considered, the vexed question of scutage being dealt with. Chapter XII. says that in future no scutage or aid, beyond the three recognized feudal See also:aids, shall be levied except by the consent of the general council of the nation (See also:commune concilium regni nostri), while the three recognized aids shall only be levied at a reasonable rate. In dealing with this matter the Articles of the Barons had declared that aids and tallages must not be taken from the citizens of London and of other places without the consent of the council. This See also:provision was omitted from Magna Carta, except so far as it related to aids from the citizens of London. This chapter does not Five the people the right to See also:control See also:taxation. It gives to the men Interested a certain control over one form of taxation, and protects one class only from arbitrary exactions, and that class the most powerful and the most wealthy. Chapter XIII. gives to the citizens of London all their ancient liberties and free customs. Chapter XIV. provides for the See also:assembly of the council when its consent is necessary for raising an aid or a scutage. Individual summonses must be sent to the prelates and greater barons, while the lesser barons will be called together through the sheriffs and bailiffs. At least forty days' See also:notice of the meeting must be given, and the cause thereof specified. No chapter corresponding to this is found in the Articles and none was inserted in the reissues of Magna Carta. It is very interesting, but it does not constitute any marked advance in the history of parliament, as it merely expresses the customary method of summoning a council. It does not, as has been sometimes asserted, in any way establish a representative See also:system, as this is understood to-day. Chapter XV. extends the concessions obtained by the greater barons for themselves to the lesser landholders, the tenants of the tenants-in-chief. Chapter XVI. declares that those who owe military service for their lands shall not be called upon to perform more than the due amount of such service. We now come to an important series of articles which deal with abuses in the See also:administration of See also:justice. Henry II. made the royal courts of See also:law a lucrative source of See also:revenue, but he gave protection to suitors. Under his sons justice was equally, perhaps more, costly, while adequate protection was much harder to obtain. Here were many grievances, and the barons set to work to redress them. Chapter XVII. declares that See also:common pleas must henceforward be heard in a fixed place. This had already been to some extent the practice when this class of cases was heard; it was now made the See also:rule. From this time suitors in this court were not put to the expense and inconvenience of following the king from place to place. Chapters XVIII. and XIX. deal with the three See also:petty assizes, three kinds of cases regarding disputes about the possession of land. These must be heard in the See also:county courts before two visiting justices and four knights of the See also:shire. The hardship of attendance at the county courts was to some extent obviated. Chapters XX. to XXII. regulate the amount of fines imposed for offences against the law. Property necessary for one's livelihood must not be taken. The fines must only be imposed by the oath of honest men of the neighbourhood. In the same way earls and barons must only be fined by their peers, and a similar privilege is extended to the clergy, who, moreover, were not to be fined in accordance with the value of their benefices, but only of their other property. It should be noticed that trial by one's peers, as understood in Magna Carta, is not confined to the See also:nobility; in every class of society an accused See also:man is punished in accordance with the See also:verdict of his peers, or equals. Chapter See also:XXIII. asserts that persons shall not be compelled to make See also:bridges, unless they are See also:bound to do so by ancient custom. John had oppressed his subjects in this way before he visited a See also:district for purposes of See also:sport, and the hardship was a real one. Chapter See also:XXIV. declared that the sheriffs and other See also:officers of the king must not hold the pleas of the crown. This was intended to remove an old and serious evil, as the sheriffs had earned a very See also:bad reputation by their methods of administering justice. . Chapter See also:XXV. also concerns the sheriffs. It prevents the king from increasing by their agency the amount of money annually due to him from the various counties and hundreds. The custom was for the king to get a fixed sum from the See also:sheriff of each county, this being called the firma comitatus, and for the sheriff to collect this as best he could. Henceforward this amount must not be raised. Chapters See also:XXVI. and XXVI I. were intended to protect the property of deceased persons, and also to secure the full See also:payment of debts due therefrom to the crown. Other creditors were also protected, and the property of an intestate must be distributed to his heirs under the supervision of the church. Chapter See also:XXVIII. strikes a See also:blow at the custom of See also:purveyance. Royal officials must pay for the See also:corn and provisions which they take on behalf of the king. Chapter See also:XXIX. says knights must not be compelled to give money instead of performing castle-griard, if they are willing to perform this service. Castle-guard was the liability See also:incumbent on the holders of some estates to serve in the See also:garrison of the royal castles. The constables of these castles had adopted the custom of compelling these landholders to give money and not service, mercenaries being then hired to perform this. Chapters See also:XXX. and XXXI. forbid the royal officials to seize the horses or carts of freemen for transport duty, or to take See also:wood for the king's buildings. Chapter XXXII. says that the lands of convicted felons shall be handed over to the lords of such lands and not kept by the king beyond a year and a day. In cases of See also:treason the king had a right to the forfeited lands, but he was not allowed to establish a similar right in cases of See also:felony. Chapter XXXIII. provided for the removal of kydells, or weirs, from all English See also:rivers. This was intended to give greater freedom to inland See also:navigation, the rivers being the See also:main highways of See also:trade. Chapter XXXIV. limits the use of the See also:writ known as Praecipe. This writ was one transferring cases concerning the ownership of property from the courts of the feudal lords to those of the king. This custom, which owes its origin to Henry II., meant a loss of revenue to the lords, whose victory in this matter, however, was a step backwards. It checked temporarily the See also:process of centralizing the administration of justice. Chapter See also:XXXV. provides for the uniformity of weights and measures throughout the kingdom. Chapter See also:XXXVI. promises that in future writs of See also:inquisition shall be granted freely without payment of any kind. This kind of writ allowed a man to refer the question of his See also:guilt or innocence to the verdict of his neighbours instead of proving his innocence by the See also:duel. Chapter See also:XXXVII. prevents the king from administering certain kinds of land when these fall into the possession of minors. In the past John had evidently stretched his authority and seized lands over which others had really the right of wardship. Chapter XXXVIII. prevents a See also:bailiff from compelling an accused man to submit to the See also:ordeal without the approval of credible witnesses. Chapter XXXIX. is more important and the English rendering of it may be given in full. " No See also:freeman shall be arrested, or detained in See also:prison, or deprived of his See also:freehold, or outlawed, or banished, or in any way molested; and we will not set forth against him, nor send against him, unless by the lawful See also:judgment of his peers and by the law of the land." The See also:object of this was clearly to restrain John from arbitrary proceedings against his free subjects. The principle of judgment by one's peers is asserted, and is obviously the privilege of every class of freemen, not of the greater lords alone. Chapter XL. simply says, " To no one will we sell, to no one will we refuse or delay, right or justice." Chapters XLI. and XLII. give permission to merchants, both English and foreign, to enter and leave the kingdom, except in time of war. They are not to pay " evil tolls." The privilege is extended to all travellers, except the prisoner and the outlaw, and natives of a See also:country with which England is at war. Chapter XLIII. is intended to compel the king to refrain from exacting greater dues from an escheated barony than were previously due from such barony. Chapter XLIV. deals with the hated and oppressive forest laws. In future attendance at the forest courts is only obligatory on those who have business thereat. Chapter XLV. says that the royal officials must know something of the law and must be desirous of keeping it. Chapter XLVI. gives to the founders of religious houses the right of acting as guardians of such houses when they are without heads. Chapters XLVI I. and XLVIII. deal again with the great grievance of the royal forests. John undertakes to disforest all forests which have been made in his time, and also to give up such See also:river See also:banks as he has seized for his own use when engaged in sport. Twelve knights in each county are to make a thorough inquiry into all evil customs connected with the forests, and these are to be. utterly abolished. Chapter XLIX. provides for the restoration of hostages. John had been in the See also:habit of taking the See also:children of powerful subjects as pledges for the good behaviour of their parents. Chapter L. says that certain royal minions, who are mentioned by name, are to be removed from their offices. Chapter LI. says that as soon as peace is made all foreign mercenaries are to be banished. Chapters LII. and LIII. are those in which the king promises to make amends for the injuries he has done to his barons in the past. He will restore lands and castles to those who have been deprived of them without the judgment of their peers; he will do the same concerning property unlawfully seized by Henry II. or See also:Richard I. and now in his hands. In the latter case, however, he was allowed a respite until he returned from the projected crusade. He promises also to do right concerning forests, abbeys and the wardship of lands which belong lawfully to others. Chapter LIV. prevents any one from being arrested on the See also:appeal of a woman, except on a See also:charge of causing the death of her husband. As a woman could not prove her case in the judicial combat, it was See also:felt that the earlier practice gave her an unfair See also:advantage. Chapter LV. provides for the remission of unjust fines. The decision on these matters is to See also:rest with the archbishop of Canterbury and the twenty-five barons appointed to see that the terms of the charter are carried out. Chapters LVI. and LVII. deal with the grievances of Welshmen. Restoration of property is promised to them practically in the same way as to Englishmen. Welsh law is to be used in Wales, and in the See also:marches the law of the marches is to be employed. Chapter LVIII. promises that his hostages and his charters shall be restored to Llewellyn, See also:prince of Wales.
Chapter LIX. promises a restoration of hostages to See also: S. R. See also:Gardiner calls the See also:scheme "a permanent organization for making war against the king." Chapter LXII. is an expression of general forgiveness. Chapter LXIII. repeats the promise of freedom to the English church and of their rights and liberties to all. Magna Carta is an elaboration of the accession charter of Henry I., and is based upon the Articles of the Barons. It is, however, very much longer than the former charter and somewhat longer than the Articles. Moreover, it differs in several particulars from the Articles, these See also:differences being doubtless the out-come of deliberation and of See also:compromise. For instance, the See also:pro-visions in Magna Carta concerning the freedom of the church find no place in the Articles, while a comparison between the two documents suggests that in other ways also influences favourableto the church and the clergy were at work while the famous charter was being framed. When one reflects how active and prominent Langton and other prelates were at Runnimede the See also:change is not surprising. Another difference between the two documents concerns the towns and the trading classes. Certain privileges granted to them in the Articles are not found in Magna Carta, although, it must be noted, this document bestows exceptionally favoured treatment on the citizens of London. The conclusion is that the friends of the towns and the traders were less in See also:evidence at Runnimede than they were at the earlier meetings of the barons, but that the neighbouring Londoners were strong enough to secure a good See also:price for their support. Magna Carta throws much See also:light on the See also:condition of England in the early 13th See also:century. By denouncing the evil deeds of John and the innovations practised by him, it shows what these were and how they were hated; how money had been raised, how forest areas had been extended, how minors and widows had been cheated and oppressed. By declaring, as it does, what were the laws and customs of a past See also:age wherein justice prevailed, it shows what was the ideal of good government formed by John's prelates and barons. Magna Carta can hardly be said to have introduced any new ideas. As See also:Pollock and See also:Maitland (History of English Law) say " on the whole the charter contains little that is absolutely new. It is restorative." But although mature study has established the truth of this proposition it was not always so. Statesmen and commentators alike professed to find in Magna Carta a number of See also:political ideas which belonged to a later age, and which had no place in the minds of its framers. It was regarded as having conferred upon the nation nothing less than the English constitution in its perfect and completed form. See also:Sir Edward See also:Coke finds in Magna Carta a full and proper legal See also:answer to every exaction of the Stuart kings, and a remedy for every evil suffered at the time. Sir William See also:Blackstone is almost equally admiring. See also:Edmund See also:Burke says " Magna Carta, if it did not give us originally the See also:House of See also:Commons, gave us at least a House of Commons of See also:weight and consequence." Lord See also:Chatham used words equally superlative. " Magna Carta, the See also:Petition of Rights and the See also:Bill of Rights form that See also:code, which I See also:call the See also:Bible of the English Constitution." See also:Modern historians, although less rhetorical, speak in the highest terms of the importance of Magna Carta, the view of most of them being summed up in the words of Dr See also:Stubbs: " The whole of the constitutional history of England is a commentary on this charter." Many regard Magna Carta as giving equal rights to allEnglishmen. J. R. Green says " The rights which the barons claimed for themselves they claimed for the nation at large." As a matter of fact this statement is only true with large limitations. The villains, who formed the See also:majority of the See also:population, got very little from it; in fact the only clauses which protect them do so because they are property—the property of their lords—and therefore valuable. They get neither political nor See also:civil rights under Magna Carta. The traders, too, get little, while preferential treatment is meted out to the clergy and the barons. Its benefits are confined to freemen, and of the benefits the See also:lion's See also:share See also:fell to the larger landholders; the smaller landholders getting, it is true, some crumbs from the table. It did not establish freedom from arbitrary See also:arrest, or the right of the representatives of the people to control taxation, or trial by See also:jury, or other conceptions of a later See also:generation. The See also:story of Magna Carta after the death of John is soon told. On the rzth of November 12r6 the See also:regent William Marshal, earl of Pembroke, reissued the charter in the name of the See also:young king Henry III. But important alterations were made. War was being waged against Louis of France, and the executive must not be hampered in the work of raising money; moreover the See also:personal See also:equation had disappeared, the barons did not need to protect themselves against John. Consequently the chapter limiting the See also:power of the crown to raise scutages and aids without the consent of the council vanished, and with it the complementary one which determined the method of calling a council. Other provisions, the object of which had been to restrain John from demanding more money from various classes of his subjects, were also deleted, and the same See also:fate befell such chapters as dealt with See also:mere temporary matters. The most important of these was Chapter LXI., which provided for the appointment of 25 executors to compel John to observe the charter. The next year peace was made at See also:Lambeth (See also:Sept. 11, 1217) between Henry III. and Louis and another reissue of the charter was promised. This promise was carried out, but two charters appeared, one being a revised issue of Magna Carta proper, and the other a See also:separate charter dealing with the forests, all references to which were omitted from the more important document. The date of this issue appears to have been the 6th of November 1217. The issue of a separate forest charter at this time led subsequently to some confusion. See also:Roger of See also:Wendover asserts that John issued a separate charter of this kind when Magna Carta appeared. This statement was believed by subsequent writers until the time of Blackstone, who was the first to discover the See also:mistake. As issued in 1217 Magna Carta consists of 47 chapters only. It declares that henceforward scutages shall be taken according to the precedents of Henry II.'s reign. New provisions were introduced for the preservation of the peace—unlawful castles were to be destroyed—while others were directed towards making the administration of justice by the visiting justices less burdensome. With regard to the land and the services due therefrom a beginning was made of the policy which culminated in the statutes of See also:Mortmain and of Quia Emptores. The sheriffs were ordered to publish the revised charter on the 22nd of See also:February 1218. Then in February 1225 Henry III. again issued the two charters with only two slight alterations, and this is the final form taken by Magna Carta, this text being the one referred to by Coke and the other early commentators. Subsequently the charters were confirmed several times by Henry III. and by Edward I., the most important occasion being their See also:confirmation by Edward at See also:Ghent in November 1297. On this occasion some supplementary articles were added to the charter; these were intended to limit the taxing power of the crown. There are at present in existence four copies of Magna Carta, sealed with the great seal of King John, and several unsealed copies. Of the four two are in the See also:British Museum. Both came into the possession of the Museum with the valuable collection of papers which had belonged to Sir Robert See also:Cotton, who had obtained possession of both. One was found in See also:Dover castle about 1630. This was damaged by See also:fire in 1731; the other is undamaged. The two other sealed copies belong to the cathedrals of See also:Lincoln and of See also:Salisbury. Both were written evidently in a less hurried See also:fashion than those in the British Museum, and the one at Lincoln was regarded as the most perfect by the commissioners who were responsible for the See also:appearance of the Statutes of the See also:Realm in 1810. The British Museum also contains the original See also:parchment of the Articles of the Barons. Magna Carta was first printed by Richard Pynson in 1499. This, however, was not the original text, which was neglected until the time of Blackstone, who printed the various issues of the charter in his See also:book The Great Charter and the Charter of the Forest (1759). The earliest commentator of See also:note was Sir Edward Coke, who published his Second See also:Institute, which deals with Magna Carta, by order of the Long Parliament in 1642. Modern commentators, who also See also:print the various texts of the charter, are Richard See also:Thomson, An See also:Historical See also:Essay on the Magna Carla of King John (1829) ; C. B6mont, in his See also: See also:Rymer's Foedera (1816-1869). In addition to Blackstone, Coke and these later writers, the following See also:works may also be consulted: John See also:Reeves, History of English Law (1783–1784); L. O. See also:Pike, A Constitutional History of the House of Lords (1894) ; W. Stubbs, Constitutional History of England (1897); Sir F. Pollock and F. W. Maitland, The History of English. Law (1895); W. S. Holdsworth, A History of English Law (1903), and Kate Norgate, John Lackland (1902). (A. W. Additional information and CommentsThere are no comments yet for this article.
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