800th Anniversary of the Magna Carta

plembobria

TNPer
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You know I have no intention of enforcing this, right?

Today in 1215 King John of England met with a collection of barons at Runnymede and signed what is now known as the Great Charter of Liberties, or the Magna Carta. The barons had won a rebellion against him for crushing taxes to fund his wars.

The text of the document is rather practical, it is not a grandiose collection of equal rights for all persons (as that nut Eddy Coke would have it) but rather a list of protected privileges for the landed elite. Nevertheless it was among the first to assert the the law was constant -- not subject to the arbitrary caprice of the king, and that the king himself was bound by law.

It was designed to protect the rights of property, and thus was the first in series of many steps toward the rule of law and universal civil rights. So it was like, kinda sorta good.
 
The important thing the Magna Carta accomplished was to create a system in which the government was required to obey the same laws everyone else was supposed to obey, and to put limits upon what a government could do to the people; and introduced the concept of Judicial Review. It is the very basis and origin of the British Constitutional Monarchy and one of the basis documents of the US Constitution.
 
Just a shame the actual thing was a monumental failure, rejected by John, annulled by the Pope and not even followed by the Barons who wrote it (they were supposed to surrender London but refused to do so).

It's only after the French King Louis withdraws from the Baron's Rebellion (they had invited him to become king of England) after the decisive defeat of the French fleet by a navy under Hubert de Burgh in the Battle of Sandwich (1217) that a lasting document would be written, largely resembling both the Magna Carta and the a more pro-King (by this time the minor King Henry III) charter of 1216.

King Henry's minority government were by no means bound by the Magna Carta either, although as it recovered from the rebellion it made careful steps to stick to the 1217 agreement. Indeed, it's not until 1223 that the young King acknowledges that he considers himself bound by them and it's not until 1225 that the Carta is reissued - a price for the £40,000 of taxes the King asked to raise to finance the defence of Gascony after Louis attacked that province.

The Magna Carta also didn't establish any kind of system where the government was required to obey the same laws as everyone else. Indeed, whilst establishing that the barons had certain rights and those were to be respected, it does not mention any kind of establishment of rights for the lower classes. It limits government only in those areas where the government would infringe on the barons, and even then, the barons were still subject to the Royal Courts.

In the century following the Magna Carta declarations it was only periodically reissued and indeed remained a thing of dispute. The 2nd Barons Revolt happened in 1264 (after French arbitration found in favour of King Henry instead of a group of Barons who staged a coup in 1258 on the basis that the King was not following the Magna Carta) and was put down by Henry III's son, the future Edward I, who also invoked Magna Carta in his attempts to win support for the monarchy, by declaring that the Barons had gone further than Magna Carta allowed them to. Following the end of the Revolt, in 1267, Henry issued a declaration reaffirming commitment to Magna Carta.

Edward I, in 1297, affirms the 1225 Magna Carta in order levy taxes, and its this document that has legal standing today - although it has been largely repealed. The Papacy remained opposed to the Magna Carta however, and Pope Clement V issued a Papal Bull in 1305 annulling it - although it was reaffirmed by English and later British monarchs throughout the ages.

The 1215 document was a political attempt to force a further civil war. It's the 1225 and 1297 documents that should be celebrated, but I suppose its the event that is commemorated rather than the document itself.
 
I'm just curious, what does "Magna Carta" mean? I'm guessing it's Latin.
 
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