Codes
Magna Carta
MAG-nuh KAR-tuh LIB-er-TAH-toom
Also Known As Magna Carta Libertatum
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Magna Carta, Latin for Great Charter and formally Magna Carta Libertatum, is a charter of liberties King John of England sealed at Runnymede in June 1215 under pressure from a coalition of rebel barons. It is genuinely a peace settlement first and a legal text second: its sixty three clauses addressed specific baronial grievances over feudal dues, forest law, debt to Jewish moneylenders, and the conduct of royal justice, protecting the privileges of the barons and the Church far more than any general population. Pope Innocent III annulled it within about ten weeks as extracted under duress, and civil war followed immediately. The charter took its lasting form only through reissues, chiefly the 1225 version confirmed by Henry III and the 1297 confirmation entered onto the statute roll, which is the version with continuing legal force in England today, of which only clauses on the liberties of the English Church, the customs of the City of London, and clause 29 (numbered 39 and 40 in 1215) survive as live law. Clause 39, promising that no free man would be imprisoned or dispossessed except by lawful judgment of his peers or the law of the land, and clause 40, promising that justice would not be sold, denied or delayed, were read by later centuries, especially Sir Edward Coke in the seventeenth century and the framers of the United States Constitution, as founding statements of due process and the rule of law. That later reading did enormous work in constitutional history, but it is a reading built on top of the document, not a description of what the 1215 charter itself was.
Facts
EraMedieval England, sealed 15 June 1215; reissued 1216, 1217 and 1225 1 Promulgated ByKing John of England, under pressure from a coalition of rebel barons 1 Cross-Tradition Connections
Associated With
Magna Carta is cited as an important source of English law.
Established
Why this is disputed. Clauses 39 and 40 of the 1215 charter are the most frequently cited medieval ancestor, but as with due process, the connection runs chiefly through Coke's seventeenth century reinterpretation rather than a direct 1215 intention; scholars debate how much continuity genuinely exists versus how much was read backward onto the text.
Established By
Why this is disputed. Clauses 39 and 40 of the 1215 charter are the most frequently cited medieval ancestor of due process, but the connection runs through Coke's seventeenth century reinterpretation rather than a direct 1215 intention; scholars debate how much continuity genuinely exists versus how much was read backward onto the text.
In Legal System
In the Other Atlases
- Also in Political Atlas: Magna Carta, the same subject.
Sources
1. Encyclopaedia Britannica
Encyclopaedia Britannica, Inc.
Black's Law Dictionary
Bryan A. Garner, editor; founded by Henry Campbell Black, Thomson Reuters, 2019
An Introduction to Comparative Law
Konrad Zweigert and Hein Koetz; English translation by Tony Weir, Clarendon Press, Oxford, 1998In Legal System: Common Law
The Oxford Handbook of Comparative Law
Mathias Reimann and Reinhard Zimmermann, editors, Oxford University Press, 2006Established By: Due Process
English Law (Wikipedia)
WikipediaAssociated With: English Law, Sources section
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