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Friday July 31, 2020

What is the Magna Carta document

The Magna Carta Document, the Great English Charter, the Charter of English Liberties granted by King John on June 15, 1215 CE, under the threat of civil war, and reissued, with amendments in 1216 AD, 1217 AD, and 1225 AD, declaring sovereignty to be subject to the rule of law, and documenting freedoms that It is kept by (free men), and the Magna Carta document provided the basis for individual rights in Anglo-American jurisprudence.

The origin of the Magna Carta

With his conquest of England in 1066 AD, William I secured himself and his immediate successors an unprecedented power, and he managed not only to control the country, but also the barons who helped him win it, and the churches who served the English Church.

Pope Alexander II was forced to accept indirect control of the church in a land considered by the papacy, so far bound by the closest relations to Rome, and the son of William Henry I, who objected to his accession (1100) was his older brother Robert the Duke of Normandy, had to make concessions to the nobility, the clergy In the Charter of Liberties, a royal decree was issued upon his coronation.

It was his successor, Stephen (1135), who was threatened on the throne by the daughter of Henry I Matilda, and again issued an official charter (1136), with more generous promises of good governance in the church and state, and as Henry II began Matilda’s son his reign (1154) , By issuing a formal covenant promising to restore and affirm the freedoms, and free customs that King Henry, his grandfather (to God, the Holy Church, all his ears, his legends, and all men) there, actually developed during the twelfth century a continuing tradition that the division of the coronation of the king, should be strengthened with promises Written sealed with the king’s seal

Despite the increase in the size of the general law during that period, especially during the reign of Henry II (which ended in 1189), no opposite definition was provided regarding the financial responsibilities of the baroness to the crown, and the baroness also did not have a definition of the justice rights that they retained over their subjects. And, as Angevin’s administration became more established than ever with educated judges, capable financiers, and trained clerks in its service, the Baroness as a whole became more aware of its weak position vis-à-vis Crown agents. What increased the discontent among the nobles increased taxes during the reign of Richard I (1189-1199), which resulted from his crusade and ransom, and his war with France.

John faced those countless challenges upon his ascension to the throne in 1199 AD, and his already unstable situation became weaker due to the competing claim of his nephew Arthur Brittany, and Philip II’s determination from France to end the English grip on Normandy.[1]

John (King of England)

Unlike his predecessors, John had not promulgated a general charter for his barons at the beginning of his reign, in Northampton, yet Archbishop of Canterbury Hubert Walter, the royal adviser William Marshall, and Judge Jeffrey Fitzbeater summoned the nobles and promised, on behalf of the king (who was still in France), that He will be given all his rights if they want to keep faith and peace with him.

However, early in the year 1201AD the Earls refused to cross the English Channel, in the service of the king unless he had first promised them their rights, and in the year 1205 AD, in the face of the threat of the invasion from France, the king was forced to swear that he would preserve the kingdom’s rights without harm to it And, after the loss of Normandy in 1204 AD, John had to rely on English resources alone, and the crown began to feel a new urgency in the matter of revenue collection.

The royal demands for underdevelopment (money paid in lieu of military service) became more frequent, and the quarrel with Pope Innocent III over the election of Stephen Langton, to see Canterbury led to a papal objection (1203–1313), leaving the English Church unprotected in the face of John’s financial demands.

The deprivation of the king from 1209 AD also deprived him of some of his most esteemed directors, and it is not surprising, then, that when peace was made with the Church, and Langton became Archbishop of Canterbury, he appeared as a central figure in the Baronial turmoil, and in fact, it was Langton who advised that the claim be established , By granting formal freedoms from the King over the covenant of coronation of Henry I.

The Great Charter of 1215

A detailed account of the months leading up to the seal of Magna Carta was preserved by historians in the monastery of St. Albans, where the initial draft of the charter was read in 1213 AD, and many, but not all, of the documents issued immediately before the charter escaped either originally or as official copies, and from These records, it is evident that King John had already realized that he would have to grant freedom of election to church offices, and to meet the demands of public barons.

It is equally evident that Langton and the most influential earl, William Marshall, Earl of Pembroke, had great difficulty bringing the most extremist members of the baroness to a frame of mind in which they were negotiating, as these nobles wanted to fight, although it was not clear what they would use to achieve Military victory in 1215.

On June 15, 1215, the document known as the Baron Articles was agreed upon, and the seal of the Great King was placed on it, and the text by which the draft charter was drafted in discussions at Runnymede (next to the Thames River, between Windsor and Staines, now in Surrey County), The final version of Magna Carta was accepted by King and Barons on June 19.

The charter was a compromise, but it also included important clauses aimed at reforms in the judicial and local administration, and much explosive material was placed in Magna Carta, which King John sealed (in a meadow called Runmead between Windsor and Staines on June 15th of the year Seventeen of our time), the brilliant truth is not that war broke out between John and his barons in the following months, but the king was brought in to agree to seal such a document at all.

And the king’s true desire to avoid civil war, and that he was ready to accept, with reasonable demands to pass a feudal law, and that he had a basic desire to give a rational government to his subjects, something that appears stunningly by being subject to conditions in effect, authorized his subjects to declare war on their property.[2]

Paragraph 61 of the Charter of 1215 called the Barons, to choose 25 representatives from their number to act as (a form of security), to ensure that the enumerated rights and freedoms are preserved, and John’s dissatisfaction with this paragraph was recorded and implemented by historian Matthew Paris, and historians have questioned Since that time in its inception, was Item 61 proposed by Langton as a way to advance towards limited ownership, or did it come from the barons as a way to express their feudal right to a formal challenge to confront the Lord who broke a decade? Whatever its origin, this clause is important because it clarifies the way the Western European elite was speaking and thinking about monarchy in 1215, and despite the deletion of item 61 of the versions, which were reissued from the charter, after deposing King Henry III during the Baron War (1264), it served as a model for a more ruthless attempt to control the king.

Reissue of 1216, 1217, and 1225

King John died on 18/19, 1216 AD, while Lewis was from France (then Louis VIII), with the support of rebel English barons, trying to take control of England, and one of the first actions of John’s young successor council, Henry III was to reissue the Magna Carta in November 12, hoping to summon the men, to their loyalty to the legitimate king. The Charter of 1216 CE was much shorter than its predecessor, 42 paragraphs versus 63 in the 1215 AD document, whereby the Council deleted paragraphs related to temporary, purely political issues in addition to those that might limit its authority to raise funds or powers to bear in war.

While maintaining the public promise of freedom, the church lost its guarantee of free election to office, even at this moment of danger, the council did not forget a major purpose of the charter: to make a final statement of feudal law, it attempted to address doubts, such as specific issues of inheritance law and the specific year that In which the heir must reach his majority (age 21), and instead of (the form of security), the council stated that all omissions were postponed for future consideration, they were never replaced.

When the charter was reissued for the second time, in the fall of 1217, the council reconsidered it on the condition of a clause, they made other verbal changes for clarity and accuracy, and they modified the promise to confirm that the judges visit each shire four times a year to a more practical proposal for an annual visit, Court judges will hear the most difficult cases.

The widow’s rights to inheritance issues were clearly defined, the confusing question of defamation, completely omitted in 1216, was obliterated in 1217 with a promise to return to Henry II’s practice, and that the Council in 1217 still wanted to make the charter an official statement of law And English practice emerges by including three new items, each dealing with today’s question: the possibility of the landowner relinquishing many holdings that he cannot perform his service to his Lord of the rest (item 39), and the mutual responsibility for maintaining peace (item 42), and trying First to the legislation (Clause 43), Section VII of Document 1215 has been devoted to a separate forest charter dealing with the use and scope of ownership of royal land, and this fragmentation attempt shows that the Council is beginning to realize that a full statement of law cannot be pressed, on one important topic of a general charter Freedoms, regardless of how long this charter can take.

In 1223 Pope Honorius III declared that Henry III was of the age to provide valid grants, and the young king reissued Magna Carta two years later, and this copy reflected only minor changes from the 1217 CE document, and it appears likely that the council concluded that the Charter was preserved , As a sophisticated code of law is impractical.

The historical importance of the Magna Carta

By the issuance of the year 1225 AD, Magna Carta became more than a sober statement of common law, it was a symbol in the battle against injustice, it was read many times in the courts of the sher throughout the land, so that memorable phrases are invoked in later documents, and whenever freedom appears to be in danger, The men spoke of the covenant as a defense of them.

The influence of Magna Carta in England – and later on in its colonies, was not the result of the detailed expression of the feudal relationship between the Lord and the matter, but of the more general terms that each generation could see protection of its own, and in England the broad truth in 1628 CE, the Corpus Confinement Act For the year 1679 he directly considered Article 39 of the Charter of 1215, which reads: Runnymede: Magna Carta Memorial

In fact, this passage will serve as the founding expression of the concept of due process in Anglo-American jurisprudence, and in the seventeenth century, when North American colonies in England were drafting their own fundamental laws, the words Magna Carta was used in them, reflecting the fundamental rights embodied In the United States Constitution (1789), Bill of Rights (1791) Charter, and Fourteenth Amendment (1868) can trace its origin to Magna Carta as well.

The fundamental virtue of the Magna Carta, which made it comparable in terms of the historical significance of the twelve tables of ancient Rome, does not lie in any individual item or group of items, but in the formal circumstances of its first grant and the overall nature of that grant, and so the Magna Carta that is generally remembered It is the Magna Carta of King John, and the date that has always been celebrated since its scholarship is 1215.

Several items have been removed from the Charter as they have recently appeared in the lists of the statute, and this new has been inserted and some of the original articles reformulated, did not make a difference in the collective memory of this esteemed document.

However in an attempt to appreciate the impact of the covenant on constitutional development in England and elsewhere, it must be borne in mind that while the drama has never faded from the Runnymede field, the actual phrases studied by those who fought repression in 17 came England in the twentieth century, or America in the eighteenth century immediately from the Charter of 1217.[3]

The remaining copies of Magna Carta

There are still four original copies of the Charter of 1215, two of which are held by the churches of the cathedral in which they were originally deposited, Lincoln and Salisbury, and the other two copies in the British Library. The Lincoln Charter is almost the most perfect, and it was reproduced in the Statute of the World in 1810 . [4]

Lincoln also owns the Forest Charter of 1225, Durham Cathedral holds the 1216, 1217 and 1225 editions of Magna Carta, as well as the Forest Charters 1217 and 1225, a Wiltshire version of the Charter of 1225 was deposited in the Abbey of Lacock and remained, and the (original) and four existing versions of 1215 Magna Carta, in one place for the first time in February 2015, as part of the British Library’s 800th anniversary celebration of the Charter.

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