Sunday, 4 May 2014

May 5th. 1215 Magna Carta.

  • Magna Carta (Latin for Great Charter), also called Magna Carta Libertatum or The Great Charter of the Liberties of England, is anAngevin charter originally issued in Latin. It was sealed under oath byKing John at Runnymede, on the bank of the River Thames nearWindsor, England, on 15 June 1215.
    Magna Carta was the first document forced onto a King of England by a group of his subjects, the feudal barons, in an attempt to limit his powers by law and protect their rights.
    The charter is widely known throughout the English speaking world as an important part of the protracted historical process that led to the rule ofconstitutional law in England and beyond.
    The 1215 charter required King John to proclaim certain liberties and accept that his will was not arbitrary—for example by explicitly accepting that no "freeman" (in the sense of non-serf) could be punished except through the law of the land, a right that still exists. The name Runnymede may be derived from the Anglo-Saxon 'runieg' (regular meeting) and 'mede' (mead or meadow), describing a place in the meadows used to hold regular meetings. The Witan, Witenagemot or Council of the Anglo-Saxon kings of the 7th to 11th centuries was held from time to time at Runnymede during the reign of Alfred the Great. The Council met usually in the open air. This political organ was transformed in succeeding years, influencing the creation of England's 13th century parliament.
    The water-meadow at Runnymede is the most likely location at which, on 15 June 1215, King John sealed the Magna Carta, and is the site of the Magna Carta MemorialMagna Carta Island on the opposite bank of the river is another possible site. The charter indicates Runnymede by name. The Magna Carta had an impact on common and constitutional law as well as political representation also affecting the development of parliament. The charter's association with ideals of democracy, limitation of power, equality and freedom under law has attracted placement at Runnymede of monuments and commemorative symbols.
    It was preceded and directly influenced by the Charter of Liberties in 1100, in which King Henry I had specified particular areas wherein his powers would be limited. Magna Carta was important in the colonisation of America, as England's legal system was used as a model for many of the colonies when they were developing their own legal systems.
    It was translated into vernacular French as early as 1219, and reissued later in the 13th century in modified versions. The later versions excluded the most direct challenges to the monarch's authority that had been present in the 1215 charter. The charter first passed into law in 1225; the 1297 version, with the long title (originally in Latin) "The Great Charter of the Liberties of England, and of the Liberties of the Forest", still remains on the statute books of England and Wales. 
    Despite its recognised importance, by the second half of the 19th century nearly all of its clauses had been repealed in their original form. Three clauses currently remain part of the law of England and Wales, however, and it is generally considered part of the uncodified constitutionLord Denning described it as "the greatest constitutional document of all times – the foundation of the freedom of the individual against the arbitrary authority of the despot". In a 2005 speech, Lord Woolf described it as the "first of a series of instruments that now are recognised as having a special constitutional status",  the others being theHabeas Corpus Act (1679), the Petition of Right (1628), the Bill of Rights (1689), and the Act of Settlement (1701).
    It was Magna Carta, over other early concessions by the monarch, which survived to become a "sacred text".  In practice, Magna Carta did not generally limit the power of kings in the medieval period, but by the time of the English Civil War it had become an important symbol for those who wished to show that the King was bound by the law. It influenced the early settlers in New England and inspired later constitutional documents, including the United States Constitution.

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