How Magna Carta helped make America
By Bernard Hibbitts
On June 15, 1215, Magna Carta — the “great charter” — was signed by King John of England. At the
time, it was a practical document, a peace accord with rebel barons. But their treaty, which evolved
over the centuries, contained the seeds of human liberty and the rule of law.
■■■
Twenty miles outside London, in Runnymede meadow on the banks of the River Thames, stands a most peculiar monument.
An open rotunda resembling an ancient Greco-Roman temple shelters a star-spangled pillar that reads “To Commemorate
Magna Carta, Symbol of Freedom Under Law.” The monument is no weathered pile raised long ago by a dutiful English
government or its historically minded citizens (such as one might see in Westminster Abbey), but rather a very modern
memorial deliberately planted in a foreign field by the American Bar Association in 1957.
Click here to see the monument
Of course Magna Carta (the “Great Charter”) was an English document. In essence it was a peace treaty, sealed by King
John 800 years ago tomorrow — June 15, 1215 — at the insistence of a coalition of rebellious barons objecting to royal
highhandedness, abuse and overtaxation for unsuccessful foreign wars. In sonorous Latin phrases weighted with pious
appeals to the Almighty, it purported to guarantee the liberties of free Englishmen. Why then should it have become so
important to Americans, and especially to American lawyers?
Part of the answer to this question turns on Magna Carta’s fate in England itself. As a peace treaty it was an ignominious
failure. In the wake of renewed fighting and military reversals for the barons, it was annulled by the pope at the behest of
King John after only two months. After John’s premature death in 1216, watered-down versions were periodically reissued
by his immediate successors for their own political advantage as they sought to re-establish and re-legitimize royal authority.
In the 1400s and 1500s, however, Magna Carta took a back seat in English politics and culture as the English crown regained
public confidence. Powerful Tudor monarchs like Henry VIII and Elizabeth I were uninterested in it. Shakespeare did not
even mention it in his play “King John.” It was only “rediscovered” in the early 1600s by jurist and legal scholar Edward
Coke, casting about for a way to restrain another overreaching king, in this case Charles I.
In 1606, Coke helped write the first charter of the new Virginia colony, and he included in his text an evocative reference to
the colonists having all the liberties of Englishmen. Later Colonial charters used similar language. The fact that Magna Carta
was “in the air” again in the first century of American colonization gave it an elevated moral and political status in the New
World. It was no coincidence that when the Pilgrim fathers famously sailed to Plymouth Rock in 1620, they took a copy of
Magna Carta with them.
Why did the Pilgrims bring a copy of Name:
the Magna Carta with them?
-Why the Pilgrims left England, including
reference to King James I! You’ll likely
have to research this. Remember, anyone
can post anything they want on the internet,
so stick to more “scholarly” and reliable
websites, like those ending with .gov or
.edu as they are more reliable. (2-3
sentences summarizing why they left and
how the policies of James I led to their
decision to leave.) Your answer MUST
have “James I” in it!
Copy and paste the URL you used:
-What the Magna Carta says on that issue
1) Summarize in 1-2 sentences what the
Magna Carta says on this issue. 2) Quote
the document. 3) Provide 1-2 sentences
summarizing and explaining it. The rule of
thumb with quotations is ALWAYS “one
sentence before, one sentence after.” A
quote on its own is never good enough.
-How the Magna Carta relates to the
reasons for the Pilgrims coming to
Massachusetts (4-6 sentences providing a
full and complete explanation of why the
Pilgrims would have brought a copy of the
Magna Carta with them to North America.)
10/10 – The student has completely and
accurately summarized the reason(s) for the
Pilgrims coming to America, completely
and accurately summarized what the
Magna Carta says on that particular issue,
and has completely explained why the
document was so important to the Pilgrims.
Back in England, Charles I and Parliament meanwhile fought a Civil War, Charles lost his head, and the living legacy of
Magna Carta was reflected in new English constitutional instruments like the statutory Bill of Rights of 1688 that constrained
the post-Restoration monarchy.
But in America things were different. In the 1760s, when Parliament and the Crown under George III pressed the American
colonies for taxes and committed other so-called “Intolerable Acts,” resentful Americans —including ambitious lawyers like
James Otis and John Adams — reached for Magna Carta in support of their opposition to arbitrary power. The charter was
freely invoked in political rhetoric and highlighted in patriot propaganda. Paul Revere depicted it in the seal he designed for
revolutionary Massachusetts. After Yorktown, it became a potent symbol of successful resistance to tyranny and not
incidentally, to the successful leadership of lawyers. As such it influenced the debate over the Constitution and the content of
the Bill of Rights.
Click here to see the Paul Revere designed Massachusetts seal with the Magna Carta being depicted.
‘An eclectic document’
For all its fervor and sincerity, however, the American memory (especially American lawyers’ memory) of Magna Carta is
selective. Americans point proudly to clauses 39 and 40 of the charter as fountainheads of trial by jury and the due process
rights that so many hold dear.
Yet Magna Carta was an intentionally eclectic document. Partly under the influence of Roman law and canon law norms
familiar to the learned bishops who drafted it, it blissfully cut across multiple facets of English medieval life in a pointed
effort to improve them. It was no libertarian manifesto simply shielding the individual from the state; neither was it a purely
constitutional instrument subordinating the king to a higher law. It sought at once to achieve peace, order and good
government for the realm. It guarded the material interests of fatherless sons and of widows (clauses 2-6 and 7-8). It afforded
protection to debtors (clauses 9-12). It restored public access to common resources (clause 33 on the elimination of fish weirs
in the Thames and clause 47 on the disestablishment of royal forests, what might glibly be called the “Robin Hood” clause).
It regulated weights and measures (clause 35 on wine, ale, corn and cloth). It encouraged trade (clause 41 on the unimpeded
movement of merchants). And, in some very un-American language appearing at both the beginning and end of the
document (clauses 1 and 63), it confirmed the liberties of the church, the greatest and most beneficent social institution of its
time.
‘Robin Hood & Magna Carta’
While fictional, the story of Robin Hood “stealing from the rich to give to the poor” is well received in the modern day, as is
the misbelief that it was he who brought King John I to his knees to accept the provisions set forth in the Magna Carta. It is
historical fiction!
Click here to see the scene from the 2010 version of “Robin Hood.”
Option 1: Hand drawn picture – Using computer printer paper and colored pencils, design and draw a seal for the Magna
Carta (like Paul Revere’s seal for Massachusetts), portraying the important rights proclaimed in the clauses of it. This
assignment is intended for those students for whom drawing is a skill that they would like to use to demonstrate what they’ve
learned. Artistic ability WILL be graded in this assignment.
100%
Assignment is on correct size paper, original work, and demonstrates good use of space. Pictures are
clear and neatly attached, or drawn with skill and attention to detail. Student has demonstrated a full understanding of the
material and can explain what was learned by doing the assignment.
75%
Assignment is on correct size paper, an original work, and demonstrates good use of space. Most pictures
are clear and neatly attached, or drawn with some skill and attention to detail. Student has demonstrated an understanding
of the material and can explain most of what was learned.
50%
Assignment is on correct size paper, an original work, but does not demonstrate good use of space. Some
or more pictures are blurry, messy, and/or drawn with minimal skill and attention to detail. Student struggles to explain
what was learned.
25%
Assignment is not done on correct size paper, is mostly an unoriginal work, and fails to demonstrate good
use of space. Most/all pictures are unclear, messy, and/or drawn with no skill or attention to detail. Student has failed to
demonstrate an understanding of the material and explain what was learned.
0%
Assignment not completed or plagiarized. If a student copies off another, both parties earn 0%.
Option 2: Every lesson has a “song of the day” chosen because it somehow relates to the lesson. If you were teaching a
lesson on the Magna Carta, what would be the “song of the day” that you would choose to accompany it? You CANNOT
choose a song from an ALBUM called Magna Carta…Holy Grail (sorry, Jay-Z fans!)
1. Find a song.
2. Copy and paste the SCHOOL APPROPRIATE LYRICS!
3. Find at least two lines in the song that relate to the Magna Carta and explain in 2-3 sentences EACH how it relates.
Short answer assignments, Narratives, Biographies, Interviews, Poems/Lyrics, Editorials, Letters, Stories, Crossword
Puzzles, etc.
100%
The writing/typing/appearance is original and neat. The communications contain few or zero
spelling/grammar errors of which a student at this level should be aware. (You should know by now the difference
between to, too, and two. However, learning to avoid prepositions at the ends of sentences is still likely a work in
progress!) The student’s ideas are clearly communicated and the student can clearly demonstrate in the assignment and in
the answering of questions that they have learned the material.
75%
The writing/typing/appearance is original and neat. Students will not earn full credit for papers that have
been folded or show clearly that they were not stored in a folder or binder. The communications contain some
spelling/grammar issues a student at this level should avoid making. The student’s ideas are mostly clearly communicated
and student can demonstrate an understanding of most of the material.
50%
The writing/typing/appearance lacks some neatness and originality. Papers are folded and/or lack
professionalism. The communications contain more than a few spelling/grammar errors. Some of the student’s ideas are
clear, but at some lack clarity. The student can demonstrate an understanding of only some of the material.
25%
The writing/typing/appearance lacks neatness and originality. Papers are folded and/or lack
professionalism. The communications contain many spelling/grammar errors. Only one or two of the student’s ideas are
clear while the rest lack clarity. The student can demonstrate only a minimal understanding of the material.
0%
Assignment not completed or plagiarized. If a student copies off another, both parties earn 0%.
Option 3: Probably all of you have seen a tri-fold display, and if you haven’t, there’s a picture of one at the bottom of the
page. Create one of your own for the Magna Carta using your computer and a blank GoogleDoc.
100%
Assignment is completed with all aspects and important information. Pictures are clear and appropriate,
words are spelled correctly, and all important topics are included. Student has demonstrated a full understanding of the
material and can explain what was learned by doing the assignment.
75%
Assignment is completed with most aspects and important information. Pictures are mostly clear and
appropriate and/or student has made some mistakes with the information, neglected important topics, or made
spelling/grammar errors. Student has demonstrated a strong, but not full understanding of the material and can explain
what was learned by doing the assignment.
50%
Assignment is completed with only some aspects. Student has demonstrated only a partial understanding
of the material and can explain what was learned by doing the assignment.
25%
Assignment is completed with most aspects missing. Pictures are missing, are unclear, or do not pertain
to the assignment. Student struggles to demonstrate any learning.
0%
Assignment not completed or plagiarized. If a student copies off another, both parties earn 0%.
__________ / 20