Magna Carta Flashcards
What happened at Runnymede
- Marshal and Langton negotiated a peace at Runnymede calaled ‘the article of the barons’
- Draft articles ealed with the great seal on 15th Jume and final terms would be worked out. This became the first version of the Magna Carta with 63 Clauses
- 19th June peace was ‘made firm’
- Not all of the rebel barons renewed their homage and some left before peace made firm
What is Angevin Despotism and how does it relate to Magna Carta
The style of Kingship of the Angevins is often described as Angevin Despotism
took power from the barons for themselves
- John’s reign can on the one hand be seen as merely a continuation of the style of Kingship of the previous two monarchs, or on the other hand as a great leap towards despotism not seen under Henry or the absentee kingship of Richard.
- Magna Carta itself, depending on the answer to the previous question, can either be seen as an opportunistic power grab from a weak monarch, or as a justified restriction on the executive power of the king to act as a despot.
How did Magna Carta treat the freemen and unfree
clause 20 that promised tenants in chief t treat their tenants in the way the King treated them
39 Promisesd lawful judgement of peers
How did Magna Carta treat the freemen and unfree
clause 20 that promised tenants in chief t treat their tenants in the way the King treated them
39 Promisesd lawful judgement of peers
How did JOhn ensure the permanance of the provisions of the Charter
Clause 61 that allowed the barons to elect the council of 25 that would keep the libertiess and could hold the king’s castles and possessions if the articles were broken
What did Magna Carta say about scutages and reliefs
- Fixed reliefs of £100, no forced remarriages
o Earls and barons to be fined only by their equals, and in proportion
o Taxation and scutage based on consent - Restriction on lords ability to take aid from tenants
- NO man force to perform more service for a knights fee than due
Amercements should not threaten a man’s livelihood - restrictions placed on the exploitations of debts to the Jews
What did Magna Carta say about the Welsh
56-57: Justice shall be done to WElshmen deprived without lawful judgement
58 - return of all welsh hostages and charters
What did Magna Carta say about the Parvenues
Clause 50 expelled Poitevins
‘Removal of Gerad d’Athee, Engelhard de Cigogne, Phillip Marc and Families’
51 gets rid of all foreign born knights
What did Magna Carta say about Justice and Royal Authority
o Disseisin by arbitrary will is banned, 12 of the Council of 25 are returned land.
o Committee of 25 barons can overrule the king – clause 61, security clause.
Clause 34: Restrictions on a writ precipe’s ability to bypasss baronial courts
18: Itinerant justices visit 4 times a year
19: Knights and freeholders to oversee Justice
28/30: Royal Officials cannot take possessions/transportations from a free man without consent
38: Words of officials alone without witnesses is insufficient to place a man on trial
45: no appointment of justics, sheriffs, cosntables who do not know the law of the kingndom
How does Clause 47 and 53 about forest law and Claus 17 about centralisation of courts point to John as a particularly despotic king
47: ‘The Reversal of Increase forestation by John’
53: Forest law not to be interfered in by John and return to how it was with Henry II and Richard
17: ‘Reverses John’s centralisation of courtsand restores the court of common pleas’
Points that Johns actions were seen as too far while previous kings were fine
How does Clause 52 and 55 point to John as a mere continutaiton of Angevin Despotism
52+5: John promised to restore all lands,castles and liberties taken by him from anyone without the legal judgements of the man’s peers and to investigate the claims of those who had been despoiled by Richard I and Henry II
Points to a continuaiton
How did towns and tradesmen benefit from Magna Carta (portraying the business nature of some of the Barons)
13: Rights of liberties of towns
31: Baliffs not to take timber unless agreed by timber owner
33: Removal of Weirs from rivers
35: standard weights and measures throughout kingdom
41/42: Freedom of movement for merchants
How was the Church impacted from Magna Carta
1/63: Church have liberties and free elections
46: Barons who founded abbeys may have a guardianship there when there is no abbot
60: All of Magna Carta’s customs and liberties also applied to clergy
How was Clause 23 of exclusive benefit to the Peasants
lause 23 of exclusive benefit to peasants, ‘no village or man ‘to be forced to
build a bridge.
What are the famous clauses of Magna Carta that contributed to English law in modernity
Famous ones are 39/40 that ‘No man shall be taken impriosned outlawed banished or in any destroyed, nor will we proceed against or prosecute him except by the lawful judgement of his peers or by the law of the land’ and ‘To no one will we sell, to no one weill we deny or delay, riight or justice
