Magna Carta

"Golden Passages"- 38, 39, 40

"a government of laws and not of men" 38- witnesses required for trial 39- basis of trial by jury 40- "To no one will We sell, to none will We deny or delay, right or justice"

Spring of 1215

John's Justicar's attempts to pay the barons for some of John's grievances failed Barons had more soldiers and had control of London, forcing John to agree to their commands

Battle of Bouvines

July 26, 1214- stunning defeat to France, lost French territories Gave John names of "Softsword"

Magna Carta

Latin for "Great Charter," June 15, 1215 sealed by King John at Runnymede in Surrey County, England Bedrock of the concepts of freedom, justice, due process of law, the rule of law and trial by jury Supreme Law of the Land in the United Kingdom Prime Minister David Cameron- "Britain's greatest export"

Jordan v. Law

a South Carolina British colonial court ruled that the suspension of court proceedings because of unavailability of stamps and therefore non-compliance with the Stamp Act passed by Parliament violated the rights of Clause 40 of Magna Carta- To no one will we deny or delay right or justice

Death of King John

dysentery in October 1216- lampreys

King John

engaged in costly war with France that required tax revenue Main rival to the throne was Arthur, son of John's older brother Geoffrey John organized the arrest, imprisonment, and death of Arthur (castrated)

King Henry II and Eleanor of Aquitaine

family symbol- "planet de genet" Angevin Empire, one of the greatest English kings Founder of the English Common Law system- delegated court responsibilities to ministers/judges

"the Army of God"

first met August 4, 1213 in St. Albans- considered regicide, select Fitzwalter to be their leader

Pope Innocent III

had clashed with King John before 1215 but later supported him After John sealed Magna Carta he asked for a papal bull annulling it August 23, 1215- annulled it, didn't agree with the freedom of the British church, thought John was coerced Pope excommunicated the Barons- civil war between Barons and King John *both John and Pope were death within a year *Advanced trial by jury by abolishing "trial by ordeal"

25 Surety Barons

leaders of over 100 other Barons, owed allegiance to King, tenants of their land owed allegiance to them

Robert Fitzwalter

leading Baron in opposition to King John, King John stripped him from ownership to some of the land he inherited- started plotting agains the King

Clause 61

mechanism for solving quarrels- clause allows any 25 barons to hear and decide disputes utilizing majority rule *enforcement of Magna Carta is solely the power of the barons

63 clauses of Magna Carta

1- English church is free rights of widows, property, abusive taxes, traditional forest and fishing rights, freedom of London 12 and 14- common council of realm (groundwork for Parliament) standardized weights and measures (remedy for unfair trade practices) Habeas Corpus, self-incrimination Clause 17: "Common pleas shall not follow our common court but shall be held in some fixed place"- this is so issues could be resolved in John's absence, today the civil court system in most states is called the "Court of Common Pleas"- lays groundwork for independent judiciary and separation of powers Clause 20- civil fines can't be imposed except by the sworn evidence of men- rights of due process of law/trail by jury

Sir William Marshal

Earl of Pembroke, most famous and admire knight of the time Jousting helmet story Henry II made Marshal an instant multi-millionaire by giving him Isabel de Claire (heiress to enormous estates in Normandy, England, Wales, and Ireland) Marshal stayed true to his vows of loyalty and supported John, leaning him towards accepting the demand of the Barons Respect from the barons for Marshal helped keep the barons engaged in negotiation 1216- revised version of Magna Carta issued under his seal (serving as Regent of England and guardian of 9 yo King Henry III)- public confidence restored

The Catholic Church

Owned approximately 25% of the land in England Church's income was 4x that of the King After the Interdict, John seized the estates of those who opposed him (the Church)- John benefited financially and not eager to resolve the standoff

King Richard the Lionheart

Popular and famous brother of King Henry II Shortly before Henry died he conceded much of the throne to him to prevent a coup killed by crossbow in 1199, making John the King of England, Lord of Ireland, Duke of Normandy and Aquitaine and the Court of Anjou

June 15-19, 1215 Runnymede, England

Runnymede- regular meeting meadow, halfway between the military camps of each party 3500 words written in abbreviated Medieval Latin, negotiated for months King John affixed great seal and both parties swore oaths Gall based ink- from pimple formed on oak trees from wasps laying eggs 40 copies- only 4 remain

Magna Carta in American Constitutions

Virginia Colony Charter of 1606 Locke's Constitution for the Carolina Colony

Stephen Langton

moral leader and advisor to barons Archbishop of Canterbury (1206) French King approved of him so King John did not- caused Pope Innocent III to place England under an Interdict, communicating John, denying him and his subjects the right to all religious rituals/sacraments Cited stories from Bible where kings and rulers had checked their own power, cited Coronation Charter of King Henry I

How King John offended his barons:

raised taxes without consent, took property without compensation, refusing widows remarriage or told them who to marry, charged men permission to marry ($17 million), demanded sexual favors from wives/daughters of barons, kill hostages even when ransom was paid, starved prisoners to death, withheld deserved titles or charged for them

King Henry III

the child king 1225- issued an amended version of Magna Carta This version was adopted and confirmed by later English Kings and codified in the year 1525

Coronation Charter of King Henry I

youngest son of William the Conqueror (John's grandfather) in 1100 115 years before Magna Carta- first written concession of rights to his subjects by an English king, although he didn't always follow them "I restore to you the law" written concession of the right to due process of law