Medieval Politics, Manuevers & The Magna Carta
What is ignored by King John and how does Langston advise the Barons to respond?
King John ignores a list of demands sent to him by the barons; Langston then advises them to no longer pay King John's taxes.
How does King John react to the Archbishop's advice to the barons, how does the Pope respond and what does this cause king John to do?
King John rejects Langston as Archbishop, who then excommunicates king John; which in turn, causes king John to take all the lands and monies owned by the church.
How did king John make powerful enemies?
King John wanted to wage a war with France to win back his ancestors land, and taxed the barons and people heavily.
second civil liberty
Sets limits for government so that it can't abuse its power and interfere with the lives of its citizens.
Who was King John?
Signer of Magna Carta, son of Henry II and a tyrannical ruler.
Due Process of Law (Fair Judgment)
When a person is accused of a crime, he/she cannot simply be condemned by a king or his sheriffs. Rather a process for hearing both sides of the case and making a fair judgement must be used.
Monarch
one ruler or king
Who negotiates a truce between the barons and King John; and where did this take place?
In Runnymeade on the Thames, Stephen Langston negotiated a truce between the barons and king John.
Parliament
In the UK, the highest legislature consisting of the sovereign, the House of Lords, and the House of Commons.
What did King Edward I do?
Called people together for a model parliament.
English Parliament
England's representative government that eventually became the first democratically legislative body in Europe.
What are other documents shaped by the Magna Carta?
English Bill of Rights (1689) Declaration of Rights of Man and the Citizen (1789, France) US Constitution and Bill of Rights (1791) Universal Declaration of Human Rights (1948)
Who was Stephan Langton and what document did he write?
He was the Archbishop and most powerful baron of England. He wrote the Magna Carta.
What occurred in the years 1209 and 1212?
In the year 1209, the Pope banned (excommunicated) King John from all church services in all parish churches. In the year 1212, King John raised the taxes again in hopes of regaining lost land.
third civil liberty
Includes: freedom of association, freedom of assembly, freedom of religion, freedom of speech, the right to due process, to fair trial, to own property, and to privacy.
What did Henry I's model parliament do?
It gave people a voice in government which began to lead to a democratic government system.
What was the effect of political development on feudalism?
It strengthened royal authority at the expense of the nobles and weakened feudalism by shifting some power to common people.
Constitutional Monarchy
King shares power with a parliament representing the people.
What happened in Miranda vs. Arizona (1966)?
Miranda was not made clear of his rights, so he confessed to his crime of rape and kidnapping. The Supreme Court gave him a retrial because he was unaware of his rights while being tried. These rights are now called the Miranda Rights.
How does the Magna Carta influence us today?
The Magna Carta influences us today because it gives us civil liberties such as due process, and is the basis of the Bill of Rights. It also gave us laws like the Miranda Laws.
What significant events happened in May and June of 1215?
The barons captured London in May of 1215, and in June, renewed the Oath of Fealty.
Why were the barons upset with King John?
The barons had to pay scutages, or taxes to keep their private army of knights from going to war. Not only did this put a dent in their pockets; king John abused his power by having them jailed if they could or would not pay.
Who was the Magna Carta agreement between?
The nobles and monarchs.
Consent
to permit, approve or agree
Reign
to possess power and control
In January 1215, the demands of the barons were recorded in what document?
Articles of the Barons
nation-state
Self-governing countries made up of people with a common cultural background.
What is another term used for "trial by jury"?
"judgement by peers"
What does the 6th Amendment protect?
- A person accused of a crime has the right to a speedy, public trial by a jury (other citizens). - People must be told of what crimes they are accused. - People have the right to question the persons who are accusing them. - An accused person has the right to have a lawyer.
What does the 8th Amendment protect?
- People arrested for crimes are entitled to be free on reasonable bail (money deposited with the court) while awaiting trial. - If a person must pay a fine, it must be a fair amount. - People found guilty of crimes shall not be punished in cruel and unusual ways.
What does the 5th Amendment protect?
- People who are accused of crimes do not have to give evidence against themselves. - People cannot be tried again for a crime for which they have been found innocent. - People's lives, liberty, or property cannot be taken from them without due process of law.
What does the 4th Amendment protect?
- People, their homes, and their possessions cannot be searched or taken by the government without a good reason. - In most cases, the police must get a warrant (permission from a judge) before they can conduct a search.
What are the Miranda Rights?
1. You have the right to remain silent. 2. Anything that you say can be used against you in court. 3. You have the right to talk to a lawyer before and during questioning. 4. If you cannot afford a lawyer and you want one, a lawyer will be given to you without cost.
What were traditional rights?
A document that spelled out a king's rights.
What is a model parliament?
A governing body which included nobles, commoners, and church officials.
Great Council
A group of Nobles that advised the king. It eventually became the English Parliament.
Representative Assembly
A political institution in which a number of persons representing the population or privileged orders within the population of a state come together to debate, negotiate with the executive (originally the king or other ruler) and legislate.
What does "due process" mean today?
A process which ensures that a citizen receives fair treatment in the court system.
Tyrant
A sovereign or other ruler who uses power oppressively or unjustly.
trial by jury
A trial wherein a group of citizens (one's peers) decides court cases.
What are civil liberties?
Civil liberties are freedoms that protect an individual from the government.
Magna Carta
Document signed in 1215 that LIMITED THE POWER OF THE KING and gave certain rights to the English people.
Balance of Power
Even though the king is the nation's leader and authority, his vassals have both the right and responsibility to check or limit his power.
Absolute Monarchy
Form of government in which the King/Queen has all of the power.
First Civil Liberty
Freedoms that protect the individual from government to a certain extent.
What is habeas corpus?
Habeas corpus is arresting someone who is not found guilty or has not had a trial yet.
What was Henry II's main concern during his reign and what did that concern help prevent?
Henry II's main concern was legal reform which prevented people from being executed or jailed for no reason(ex, insisted that a jury formally accused someone of a crime).
Who was king Edward I?
King John's grandson.
Baron
Person who ruled parts of a country in the name of the king, paid taxes and supplied soldiers. (like a state governor)
What helped weaken feudalism in the 12th and 13th century?
Political developments in England.
Who takes over the army of the Barons and what does he call himself?
Robert Fitzwalter; he calls himself, "The Marshal of the Army of God and The Holy Church".
Article (in Law)
Rules stating the rights of the Barons: right to a fair trial; free travel and the right to private property.
Constitutional Law
Rules that define the power of the govt. The Magna Carta is an example of Constitutional Law.
What was the agreement of the Magna Carta?
That king John could still rule, but that he must observe common law and traditional rights of the nobles.
Rule of Law
The idea that ALL people must follow the law, and law is applied and enforced fairly. The King is not above the law. If the King breaks the law, his vassals can remove him from his throne.
Power of the Purse
The king cannot levy any extra taxes without the consent of the people who will be paying them. Without new taxes, the king cannot increase his army and overturn the balance of power by attacking his vassals.
What is the most important fact about the Magna Carta and what does "Non sub homine sed sub deo et lege" mean?
The most important fact is that no man is above the law, not even the king. It is Latin for "Not under man, but under God and the law".
How many articles or chapters does the Magna Carta have, and what is covered in chapter 39?
There are 63 articles or chapters; and Trial by Jury is covered in Article 39.
Limited Government
There are limits to the powers of both the King and his vassals. This idea relates to the balance of power.
What preservations are secured under the "Security of Private Property" agreement?
This agreement not only preserves the right of the subjects to own property but also stops the king from becoming richer or more powerful by taking property from his subjects without their consent.
Judgment by One's Own Peers
This idea is the seed of our jury system, which guarantees that the guilt or innocence of a citizen accused of a crime will be decided by a jury of his/her peers.
What does persecute mean?
To cause a person to suffer because of their beliefs.
excommunicate
To declare that a person or group no longer belongs to a church.
Why was the Magna Carta made?
To ensure the nobles have rights, lower taxes, and not being pushed against their will.
What was the main purpose of the Magna Carta?
To protect and respect the rights and privileges of the nobles.
What three guarantees were incorporated into the Magna Carta?
Trial by jury or judge: no new taxes without approval of the Great Council; and that the king must also obey the laws.
In 1212 A.D., King John ___________, takes back ________, and ______ to make ________ a _____.
apologizes; Langston; offers; England; fief
King John was _______ to ______ the _______ of the ______ on June 15, 1215. He then changed its name to _______ _______ or The ______ ________.
forced; sign; Articles; Barons; Magna Carta, Great Charter