The concept we call law is a product of modern thought. It is the most important obstacle in front of the strong oppressing the weak. When we look back hundreds of years, we see that religious rules and decisions made by kings determined the legal system. However, there is an exception to this called the Magna Carta. The Magna Carta Libertatum, with its full name, is a legal document signed in England in the 13th century and is considered the first written constitution.
Although the Magna Carta may seem like a proclamation of freedom, it actually protected the barons, not the people. However, he eliminated the idea of a single powerful king ruling everything and created a legal system, albeit primitive. The process of creating this legal system was quite bloody for England. Let’s examine in all details the questions of what is Magna Carta Libertatum, what are its ingredients, what is its importance.
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Let’s start with the basics, what is Magna Carta?
Magna Carta, or the full name Magna Carta Libertatum, means Great Freedoms Covenant in Latin. It was signed in the 13th century between the king of England and the barons who were feudal lords. By restricting the king’s powers, he gave some rights to the barons. The relationship between the king and the pope was also regulated. It is known as the first written constitution in history and is thought to have laid the foundations of today’s legal system.
Confusion before signing Magna Carta:
In fact, it all started with the invasion of England by William I in 1066. There were disagreements between the barons and the English church and royalty. Henry I, who ascended the throne in 1100, published a text called the Declaration of Freedoms, known as the ancestor of Magna Carta. In this text, the king made many concessions to the church and the barons.
King John, who ascended the throne in 1199, had dreams of invading France. On the one hand, he had to contribute to the Crusades. For this reason, he increased taxes as he increased them. Although he tried to keep on good terms with the church, he had conflicts with the barons, who were the main taxpayers. Finally, the barons revolted.
The unstoppable revolt of the barons: When was the Magna Carta signed?
Tired of 30 years of war with France and heavy taxes, the barons finally revolted in 1215. According to them, King John was not acting in accordance with the Emancipation Proclamation proclaimed by his ancestor. After 6 months of negotiations, the king was brought to the London Court by force on 10 June 1215 and he was persuaded.
On June 15, 1215, the Magna Carta Libertatum was signed between the barons and the king on the banks of the Thames. On June 19, all the barons again took an oath of allegiance. On July 15, an official record of the document was created. This record created is the first Magna Carta Libertatum version. It is the first because it will be changed over and over again later.
Features of the Magna Carta, which gives the barons the right to change the king:
With the Magna Carta Libertatum, the king renounced his rights for the first time. However, both sides did not trust the other. We understand this from Article 61. According to article 61, the barons had the right to change the king. King John, with the support of the pope, removed the item without scrutiny. It didn’t take long for the barons to realize this.
The decision of the barons was final, King John would go and Prince Louis of France would be replaced. A great internal conflict, which went down in history as the First Barons War, began. The peace brought by Magna Carta lasted only 3 months. King John, whose castle was besieged by barons in the east of England, died on 19 October 1216.
John’s successor son, III. Henry, along with the king’s supporters, managed to win a victory over the barons in 1217. The Magna Carta Libertatum was rearranged and turned into a 42-point text. It was reorganized in 1227. The text of the Magna Carta Libertatum is thought to have been altered about 45 times between the 13th and 15th centuries. Its final version was in 1423, when King VI. Approved by Henry.
Important results of Magna Carta:
Undoubtedly the most important result of the Magna Carta Libertatum, which has been held over and over again, is that it ensures that the king is no longer absolute power. With the Magna Carta, the king began to decide with a parliament composed of barons. As the king is no longer the absolute power, the power of the church has also decreased. In other words, some democracy came with Magna Carta Libertatum.
Important articles of Magna Carta:
Since the Magna Carta Libertatum has been edited many times, changes have been made to the articles. But the version recognized today by modern English law is the version dated 1297. The most important article is article 1, the freedom of the English church. Another important article is the freedoms that give the city of London a kind of autonomy status, which is the 9th article. Undoubtedly, Article 39, which makes the Magna Carta Libertatum the basis of today’s law, is as follows;
“No free person shall be arrested, imprisoned, deprived of his possessions, outlawed, exiled, or harmed in any way whatsoever, by his likenesses, without being legally tried and convicted according to the laws of the land.”
Conclusion: What is the significance of Magna Carta?
Today, the Kingdom of Great Britain and the United Kingdom of Northern Ireland do not have a written constitution. Decisions made by parliament and courts shape English law. However, the Magna Carta Libertatum, which has been changed many times over hundreds of years, has laid such a good foundation that no decision is inconsistent with the basic rules.
The United States constitution was also prepared with the influence of the Magna Carta Libertatum. The basis of the constitution of the British colonies such as Australia, New Zealand, Canada, the former Union of South Africa and Zimbabwe is based on the Magna Carta Libertatum. However, after 1969, except for the 1st, 9th and 39th articles, these constitutions were removed.
To summarize; The Magna Carta Libertatum completely eliminated the possibility of a tyrannical ruler. Oddly enough, the BBC did a survey in 2008. According to this survey, 45 percent of Britons, almost half, did not even know what Magna Carta was, let alone its importance. Maybe they’ve learned over the years.
We talked about important articles by answering questions such as what is the Magna Carta Libertatum, which laid the foundations of today’s legal system and is accepted as the first written constitution, and what are its features. You can share your thoughts on the subject in the comments.
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