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Transcript of History
The Magna Carta
Clauses within Magna Carta
Influences ON Canada
Henry II youngest son
Nicknamed 'Lackland' for his lack of land
Richard I (John's brother) died in 1191, John came into power
John's army was defeated in Northern France in 1204
Had continuing trouble with the pope (1207-1216) -Led to banishment of all church services ( the exemption of funerals and baptisms)
Forced to sign Magna Carta document in 1215, in Runnymede
Falls ill in 1216, dies shortly after
1100 Start of common law (for everyone) -Start of the traveling judges
1135 start of trial by jury -Refined procedures in law system -Improved traveling judges
The Feudal Law System
Political system in which placed land into a hierarchical system including the "divine" king, barons and serfs.
Was utilized in the 10th to 13th century within Western Europe.
Denying the divine right of kings
foundation to basic democracy
Influence our own Charter
The trial system
On no account can an innocent person be punished without trial
No person can be taken to trial without evidence
No justice can be sold or denied
Clause: are well known documents of law such as statutes, bills, articles or other legal contracts
Habeas Corpus (Latin for "you have the body") stems from clauses 36,38,39 and 40
Our own charter stems from the clauses
If any freeman dies intestate, his chattels shall be distributed by his nearest kinsfolk and his friends, under supervision of the church, except that the rights of his debtors shall be maintained.
If you die without a will your possession will be distributed evenly
To no one will we sell, to no one will we refuse or delay, right or justice.
Justice delayed is justice denied
We will not hold the lands of those who have been convicted of felony beyond one year and one day. Then, the lands shall be returned to the lords of those fiefs.
The land of those who have committed felony will be given back to the `landlords` after 1 year and 1 day
Thus, we wish and we firmly ordain that the English church shall be free, and that men in our kingdom shall have and keep all these previously determined liberties, rights, and concessions, well and in peace, freely and quietly, in their fullness and integrity, for themselves and their heirs, from us and our heirs, in all things and all places for ever, as is previously described here.
Previous laws and rights still apply
The King/ Monarch
The King would give a Baron a plot of land and provide protection from intrusion.
Barons would pledge political allegiance to their king and be granted a plot of land , in which they would become a tenure.
Barons would then "rent" their land to serfs- subinfeudation.
Barons provided military, financial, and political service to their King. For example, Barons served on the royal counsel (they would influence the king's decisions), and provide knights for military endeavors.
Barons created their own judicial system and laws for their land.
Knights served in combat under the King, and were provided by barons.
Serfs would be granted land by a baron in which they would "rent", paying taxes to the baron; who, in return, would pay the king.
Serfs maintained the baron's property, and by request of the king, would harvest crops specifically for the monarch.
The Spark of War
In 1206, King John lost Normandy, Anjou, Maine, and parts of Poitu due to a war initiated by King Philip, the king of the french.
King John ordered more support from the barons and raised taxes without their consultation, thus leading to their discontent.
This led to a rebellion against King John as he refused to sign a charter to protect the baron's rights, leading to a civil war initiated in 1215.
The rebels (military provided by the barons) seized London, compelling King John to agree to the terms outlined in the proposed charter, The Magna Carta.
(English land lost under the reign of King John)
The Magna Carta, known as the "Great Charter", outlined civil and property rights/ freedoms under 63 clauses to protect individuals under the rule of the monarch.
Established through the Magna Carta, King John promised to rule according to feudal law.
Limited royal power and restored English law.
The Magna Carta was highly influential, being the foundation of many modern constitutions,