Magna Charta

AuthorJeffrey Lehman, Shirelle Phelps

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On June 15, 1215, King John (1199?1216) was surrounded on the battlefield at Runnymede by a cordon of England's most powerful barons, who demanded royal recognition for certain liberties and legal procedures they enumerated in a written document known today as the Magna Charta. Contained in the Magna Charta's 63 chapters are the seeds of trial by jury, due process, HABEAS CORPUS, and equality under the law. The Magna Charta was reissued three times during the reign of Henry III (1216?72) with some minor alteration, and confirmed by the Crown more than 30 times thereafter.

Sometimes called the Great Charter, the Magna Charta is widely considered to be the foundation of the English and U.S. constitutional systems, representing the first time the often tyrannical power of the monarchy was restrained by law and popular resistance. The Magna Charta was cited by SIR EDWARD COKE, esteemed English jurist and member of the House of Commons, in opposition to the monarchy's assertion of absolute power in the seventeenth century. During the American Revolution, colonists relied on the Magna Charta when they convened the First CONTINENTAL CONGRESS to restore the rights lost under the coercive legislation of Parliament.

Almost from its inception, the Great Charter has been imbued with two separate meanings, one literal and the other symbolic. The literal meaning is reflected by the original understanding of the Magna Charta in the thirteenth century; the symbolic meaning was developed by subsequent generations, which interpreted its provisions in light of a changing political landscape. The literal meaning was associated with the concrete rights enforced by the barons against the monarchy; the symbolic meaning became associated with the RULE OF LAW, an impartial system of justice, and government by the consent of the people and their representatives. To understand the symbolic importance attached to the Magna Charta, one must view the literal meaning in its original context.

The Magna Charta is the product of three competing legal jurisdictions: royal, ecclesiastical, and baronial. The royal system of justice maintained jurisdiction over all matters that

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Part of the Magna Charta, signed by England's King John in 1215. The document became a model for written contracts between governed and governed, such as the U.S. Constitution.

BRITISH MUSEUM COLLECTION.

affected the monarch's peace, directly or indirectly. Royal courts heard disputes at a central location in Westminster, and royal itinerant judges traveled locally to dispense the monarch's justice to communities across England.

The Catholic church, with the pope presiding as the spiritual head in Rome, ran the ecclesiastical courts. These courts maintained jurisdiction over the discipline of the church's clergy, religious offenses such as heresy, and most moral, marital, and testamentary matters

Baronial courts were governed by barons, powerful men who were given titles of dignity by the Crown and who held large parcels of land, known as manors, from the monarch. Each baron, as lord of his manor, was invested with the authority to hear disputes involving his tenants, men and women who agreed to work the land in exchange for shelter and security.

John alienated both the ecclesiastical and baronial jurisdictions during his reign as king, converting them into adversaries. The first ten years of John's reign were consumed by controversy with the church. John considered the pope to be subordinate to the Crown and treated the archbishop as a mere civil servant. The church, on the other hand, considered itself to be a separate and independent sovereign that had shared power with the Crown since the time of Henry I (1100?1135). Henry I and the church had agreed that the nomination of bishops in England would tacitly remain with the king. But the pope retained power to confirm bishops by conferring upon them the honorary symbols of their title, the spiritual staff and ring.

The agreement between Henry I and the church provided no resolution for the controversy between King John and Pope Innocent III at the outset of the thirteenth century. The controversy began when Innocent III rejected John's candidate for archbishop of Canterbury and substituted his own choice, Stephen Langton, a man of superior "moral and intellectual greatness" (Trevelyan 1982, 146). John responded by confiscating the church's property in England. The papacy, whose power had grown as a result of its compromise with Henry I, subsequently undertook a series of steps to damage the Crown's prestige and credibility.

The pope excommunicated King John...

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