Magna Carta Flashcards
When and who signed the Magna Carta
1215, by King John
How was King John described
As a tyrant rather than a king, very unpopular amongst the barons and people of England
First altercation which led to the MC
King John and Pope innocent over who should be the new Archbishop of Canterbury. King John wanted John De Gray, whereas Pope preferred Stephen Langdon. When King J refused Langdon; the pope placed England under interdict and excommunicated King John. King John finally relented when Pope Innocent invited Prince Phillip of France to invade. Consequently Stephen Langdon became archbishop and surrendered the Kingdom to the pope. This altercation left King John viewed extremely poorly by the people of England and in particular the barons.
Second Altercation which led to MC
The second altercation was between the barons and King John. Having lost the Duchy of Normandy to the French, John wanted the barons to go to war with him to regain it. Refusing, the barons gave the tyrannical leader an ultimatum; sign a document limiting his rule or have war waged upon him. Originally refusing and attempting to bribe the barons, John eventually signed the Magna Carta in 1215 under duress. It is widely believed to be the first instance of a monarch limiting his own power. King John was hesitant to sign (and had Pope Innocent declare it void almost immediately after signing) for he was afraid of resigning some of his power to the barons who disliked him greatly. As monarch he felt he deserved ultimate and uncontested power; a document going against this was not going to be accepted readily.
Scope of magna carta
- Important to recognise that Magna Carta was a restorative – not revolutionary document, it did not introduce anything new, instead affirmed the rights of the people/barons
- Placed the King under the Rule of Law -> links to the idea that no one is above the law, not even those who make it -> Links to King John making all the laws and not being subject to them
- First step in reducing sovereign’s power (and transferring it to the people)
- First time seeing the power of the King, led to the formation of Parliament and the idea that power needs to be transferred to another body
Significance of Magna Carta
- first instance of the sovereign reducing their power
- believed to have found the beginning of habeus corpus rights, the right to fair trial, the principle of ‘no punishment before the law’, that the king is not above but instead is subject to the law, and so on.
- However what is more significant is the legendary meaning of MC:
- The Rule of Law is an important check on Parliament’s power -> cannot make awful laws as they’re also subject to them
- Foundational (constitutional) document to English legal system
- More than the sum of its parts