GREAT BRITAIN: The Great Charter signed by King John in AD 1215:
the Foundation of British Democratic Rights
by David Taylor
Salisbury Cathedral, home of one of the four surviving copies of the
Magna Carta manuscript (source: http://someinterestingfacts.net/wpcontent/uploads/2013/01/Salisbury-Cathedral-facts.jpg, [18.8.2013])
Salisbury cathedral’s Magna Carta (granted world heritage status; source:
http://someinterestingfacts.net/wp-content/uploads/2013/01/SalisburyCathedral-Magna-Carta.jpg, [18.8.2013])
The Magna Carta (the Great Charter) is a document of
unique importance and character. It contains a far-reaching
agreement between the King of England and various classes
of his subjects about the rights that should be enjoyed. It is
not an example of a fully-developed democracy at work, but
it is often seen as a highly significant step on the road to
democracy. Magna Carta, also called Magna Carta
Libertatum or The Great Charter of Liberties, is an
English charter, originally issued in Latin in the year 1215
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 still remains on the statute books of England and
Wales.
Magna Carta (source:
http://www.britishmonarchistsociety.org.uk/wpcontent/uploads/2012/03/magna-carta.jpg,
[18.8.2013])
,
The 1215 charter required King John of England to proclaim
certain liberties and accept that he could not act exactly as
he wished, in an arbitrary way. It accepted that no
"freeman"1 could be punished except through the law of the
land, a right which is still in existence today.
The period of the early Middle Ages, after the Norman Conquest by William the Conqueror of
Normandy in 1066, is referred to as the ‘feudal system’. In feudal society, the king's barons held their
lands 'in fee' (Latin ‘feudum’) from the king, in exchange for an oath to service. They were also
obliged to supply the king with some of their knights for military service or give him a sum of money
instead.
The Magna Carta was the first document that a group of the king’s subjects, the very powerful barons,
forced an English King to sign. They did this in an attempt to limit his powers by law and protect their
own privileges.
It has always been recognised as a very influential document, even though, by the second half of the
19th century, very few of its clauses survived 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 constitution,
which has never been formally written down, unlike the constitutions of many other countries. Lord
This meant all men (it did not apply to women) who were not ‘villeins’, or ‘serfs’. The villeins or serfs in the
feudal system were the peasants who occupied or cultivated the lord’s land. They were entirely subject to the
lord, or attached to a manor. In general use, a villain was a peasant, country labourer, or low-born rustic. They
were therefore semi-slaves and could not change their master.
1
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". It was followed by other
documents which set out people’s rights, especially: the Habeas Corpus Act (1679), the Petition of
Right (1628), the Bill of Rights (1689), and the Act of Settlement (1701). By the time of these
documents, all men were regarded as citizens, including those who had been villeins, who were now
free men. The rights of women followed a very much slower course: women were not able to vote
until the twentieth century.
The charter was part of the process that led to the rule of constitutional law in the English- speaking
world. Magna Carta was important in the setting up of American colonies, as England's legal system
provided a model for many of these colonies when they were developing their own legal systems. It
inspired later constitutional documents, including the United States Constitution.
Most of its clauses deal with specific
grievances of the barons and others, rather than
with general principles of law. These were
often because of how the feudal system was
applied, and the great powers the king had to
make the barons and others do as he wished.
The extensive powers of the king gave him
huge scope for extortion and abuse. Abuses
were made worse by the difficulty of getting
wrongs put right. This is why in Magna Carta
providing ways to obtain a fair hearing of
complaints, especially against the king and his
Magna Carta, MS 710 (source:
agents but also against lesser feudal lords, is so
http://www.schoyencollection.com/law_files/ms710.jpg, [18.8.2013])
important. It is interesting to note that the very
first clause is about granting the freedom of the Church. This reflects the fact that King John had been
in dispute with the Pope over the election of Stephen Langton as Archbishop of Canterbury.
Magna Carta
This is the opening of the Charter, which shows the different classes in society to whom it is directed.
1
5
10
Johannes Dei gracia1 rex Anglie, Dominus Hibernie, dux
Normannie, Aquitannie et comes2 Andegavie,
archiepiscopis3, episcopis4, abbatibus5, comitibus,
baronibus6, justiciariis7, forestariis8, vicecomitibus9,
prepositis10, ministris11 et omnibus ballivis12 et
fidelibus13 suis salutem.
1. In primis concessisse14 Deo et hac presenti carta nostra
confirmasse, pro nobis et heredibus16 nostris in
perpetuum17 quod18 Anglicana ecclesia libera sit, et
habeat jura sua integra19, et libertates suas illesas20.
Concessimus14 eciam omnibus liberis hominibus regni
nostri, pro nobis et heredibus16 nostri in perpetuum17,
omnes libertates subscriptas21, habendas et tenendas22 eis
et heredibus suis, de nobis et heredibus nostris.
1. gracia,-ae f.: grace Anglia, -ae f.:
England (note that throughout the
document –e is written for –ae (for
example in genitive singular of first
declension nouns); 2. comes, -itis m.:
count 3. archiepiscopus, -i m.:
archbishop; 4. episcopus, -i m.:
bishop; 5. abbas, -atis m.: abbot; 6.
baronis, -is m.: baron; 7. justiciarius,
-i m.: justice (‘justiciar’); 8.
forestarius, -i m.: forester; 9.
vicecomes, -itis m.: sheriff; 10.
prepositus, -i m.: steward ; 11.
minister, -i m.: minister; 12. ballivus,
-i.: official; 13. fidelis, -is: loyal; 14.
concedo, -ere, -cessi, -cessus: grant;
15. carta, -ae f.: charter; 16. heres, edis m.: heir; 17. in perpetuum: for
ever; 18. quod: that; 19. integer 3:
guaranteed; 20. illesus 3: unharmed;
21. subscribe, -ere, -scripsi, scriptus: write below;
22. teneo, -ere, tenui, tentus: keep
Comments:
4 justiciar: a legal official, a judge presiding over, or belonging to, one of the king’s superior courts, or
exercising special judicial functions.
vicecomes: sheriff – In England before the Norman Conquest of 1066, the scíreréfa (also called scírman) was
a high officer, the representative of the royal authority in a shire, who presided in the shire-moot, and was
responsible for the administration of the royal demesne and the execution of the law. After the Conquest, the
office of sheriff was continued.
5 ballivus or bellivus: a bailiff was a minor local official responsible to the sheriff of the county, but the word
was often used in a more general sense of a Royal official.
6 fideles: loyal subjects – those bound by an oath of loyalty, the freemen of the country. Freemen had rights
that the ‘villeins’ did not.
In the following section a fundamental right is granted
1
5
39. Nullus liber homo capiatur, vel imprisonetur1, aut
disseisiatur2, aut utlagetur3, aut exuletur4, aut aliquo
modo destruatur5, nec super6 eum ibimus, nec super
eum mittemus, nisi per legale7 judicium parium8
suorum vel per legem terre9.
40. Nulli10 vendemus11, nulli negabimus, aut
differemus12 rectum aut justiciam.
1. imprisono, -are, -avi, -atus:
imprison; 2. disseisio, -ire, -ivi, itus:
strip someone (of rights or
possessions); 3. utlago, -are, -avi, atus: outlaw; 4. exulo, -ere, exului:
exile; 5. destruo, -ere, -strui, structus: deprive of rights; 6. super:
against (late Latin); 7. legalis 2: legal;
8. par, paris: equal; 9. terre = terrae
(gen. sing.); 10. nullus: no one; 11.
vendo, -ere, vendidi, venditus: sell;
12. differ, -ferre, -tuli, -latus: delay;
The following section deals with the rights of merchants and travellers.
1
5
10
15
20
41. Omnes mercatores habeant salvum1 et securum2
exire de Anglia, et venire in Angliam, et morari3, et ire
per Angliam, tam4 per terram quam4 per aquam, ad
emendum5 et vendendum, sine omnibus malis6 toltis6,
per7 antiquas et rectas consuetudines8, preterquam9 in
tempore gwerre10, et si sint de terra11 contra nos
gwerrina11; et si tales inveniantur in terra nostra in
principio12 gwerre10, attachientur13 sine dampno14
corporum et rerum15, donec16 sciatur17 a nobis vel
capitali18 justiciario nostro quomodo mercatores terre
nostre tractentur19, qui tunc invenientur in terra11 contra
nos gwerrina11; et si nostri salvi1 sint ibi, alii salvi1 sint
in terra nostra.
42. Liceat unicuique decetero20 exire de regno nostro, et
redire, salvo et secure, per terram et per aquam, salva
fide21 nostra21, nisi tempore gwerre10 per aliquod breve
tempus, propter communem utilitatem22 regni, exceptis
imprisonatis et utlagatis23 secundum24 legem regni, et
gente de terra contra nos gwerrina, et mercatoribus, de
quibus fiat sicut predictum25 est.
1. salvus 3: safe; 2. securus 3:
unharmed; 3. moror, -ari, moratus:
stay; 4. tam... quam: both... and; 5.
emo, -ere, emi, emptus: buy; 6.
malus toltus: bad levy, extortion; 7.
per: in accordance with; 8.
consuetudo, -inis f.: custom;
9. preterquam: except;
10. gwerra, -ae f: war (late Latin);
11. terra gwerrina: a land at war;
12. principium, -i n.: outbreak; 13.
attachio, -are, -avi, -atus: detain;
14. dampnum, -i n.: injury; 15. res,
rei, f.: possession; 16. donec: until;
17. scio, scire, scivi, scitus find out;
18. capitalis 2: chief;
19. tracto, -are, -avi,-atus treat;
20. decetero: for the future;
21. fides nostra: allegiance to us
(the king);
22. utilitas, -atis f.: benefit;
23. utlago, -are, -avi, -atus: outlaw;
24. secundum: according to;
25. predico, -ere, -dixi, -dictus state
above;
This section deals with the qualification of men in power.
1
45. Nos non faciemus justiciarios1, constabularios2,
vicecomites3, vel ballivos4, nisi de talibus qui sciant
legem regni et eam bene velint observare.
Questions and Tasks:
1. justiciarius, -i m.: justice
(‘justiciar’); 2. constabularius, -i
m.: constable; 3. vicecomes, -itis m.:
sheriff; 4. ballivus, -i.: official;
1. Who, in contrast to our modern understanding, was meant by liberis hominibus (1,11) and liber
homo (39, 1) in the light of the feudal system?
2. What rights were granted to the Anglican Church in clause 1 of the Charter and what role did
Stephen Langton, Archbishop of Canterbury, play?
3. What fundamental rights were granted to free men in clauses 39 and 40? Why were these two
clauses of particular importance to the barons?
4. What rights of merchants and travellers were provided for by the Charter and what were the
conditions?
5. Which people were eligible to occupy a judicial post?
6. Read through the English translation of the whole of the Charter
(http://www.constitution.org/eng/magnacar.htm ). Who stood to gain most from the Charter and
why?
7. Look at the parody of Magna Carta below, which comes from a comic history called ‘1066 and
All That’. See what jokes and deliberate mistakes you can find.
8. In this version, the writers make the point that the ‘common people’ (as well as the King) are the
ones who do not benefit from the new rights. Despite this, is it fair to say that Magna Carta is an
important step on the road to democracy in England?
9. What does the song by Pulp show about contemporary society? Could we ever have a classless
society and, if so, would that be good for everyone?
10. The year 2015 will be the 800th anniversary of the signing of Magna Carta. You have been asked
to present a bid to the committee which is overseeing the national celebrations of this important
event.
a. Set out your proposals to the Committee
b. Think about the different kinds of event that could be held
c. Include ideas for educating people on the Magna Carta, and decide what products
would help to market the occasion
d. Make sure you include estimates of costs and proposals on how this will be funded.
Magna Charter
THERE also happened in this reign the memorable
Charta, known as Magna Charter on account of the Latin
Magna (great) and Charter (a Charter); this was the first
of the famous Chartas and Gartas of the Realm and was
invented by the Barons on a desert island in the Thames
called Ganymede. By congregating there, armed to the
teeth, the Barons compelled John to sign the Magna
Charter, which said:
1. That no one was to be put to death, save for some
reason - (except the Common People).
2. That everyone should be free - (except the Common
People).
3. That everything should be of the same weight and
measure throughout the Realm - (except the Common
People).
4. That the Courts should be stationary, instead of
following a very tiresome medieval official known as the
King's Person all over the country.
5. That 'no person should be fined to his utter ruin' (except the King's Person).
6. That the Barons should not be tried except by a special
jury of other Barons who would understand.
Magna Charter was therefore the chief cause of
Democracy in England, and thus a Good Thing for
everyone (except the Common People).
(Extract from ‘1066 and All That’, by W. C. Sellar and R. J.
Yeatman, 1930)
Pulp, Common People (1995)
She came from Greece
She had a thirst for knowledge
She studied sculpture at Saint Martin's College
That's where I caught her eye
She told me that her dad was loaded
I said, "In that case I'll have rum and Coca-Cola"
She said, "Fine" And then in 30 seconds time, she
said
“I want to live like common people
I want to do whatever common people do
I want to sleep with common people
I want to sleep with common people like you”
Well what else could I do?
I said, "I'll, I'll see what I can do"
I took her to a supermarket
I don't know why
But I had to start it somewhere
So it started there
I said, "Pretend you've got no money"
But she just laughed and said, "Oh, you're so funny"
I said, "Yeah, well I don't see anyone else smilin' in
here
Are you sure?
You wanna live like common people
You wanna see whatever common people see
Wanna sleep with common people
You wanna sleep with common people like me?"
But she didn't understand
And she just smiled and held my hand