Magna Carta, the document of liberty from 1215

Translation of the official document

Magna Carta

Magna Carta is an English charter, originally issued in the year 1215, and reissued later in the 13th century in modified versions which omit certain temporary provisions, including the most direct challenges to the monarch's authority. The charter first passed into law in 1225. The 1297 version, with the long title (originally in Latin) The Great Charter of the Liberties of England, and of the Liberties of the Forest, still remains on the statute books of England and Wales.

The 1215 Charter required King John of England to proclaim certain liberties, and accept that his will was not arbitrary, for example by explicitly accepting that no "freeman" (in the sense of non-serf) could be punished except through the law of the land, a right which is still in existence today.

Magna Carta was the first document forced onto an English King by a group of his subjects (the barons) in an attempt to limit his powers by law and protect their privileges. It was preceded and directly influenced by the 1100 Charter of Liberties, when King Henry I had specified particular areas where his powers would be limited.

""the greatest constitutional document of all times - the foundation of the freedom of the individual against the arbitrary authority of the despot" ~ Lord Denning

"first of a series of instruments that now are recognised as having a special constitutional status" ~ Lord Woolf

Content of the Charters

There remains only three clauses still in effect today in England and Wales:

1. FIRST, We have granted to God, and by this our present Charter have confirmed, for Us and our Heirs for ever, that the Church of England shall be free, and shall have all her whole Rights and Liberties inviolable. We have granted also, and given to all the Freemen of our Realm, for Us and our Heirs for ever, these Liberties under-written, to have and to hold to them and their Heirs, of Us and our Heirs for ever.

9. THE City of London shall have all the old Liberties and Customs which it hath been used to have. Moreover We will and grant, that all other Cities, Boroughs, Towns, and the Barons of the Five Ports, as with all other Ports, shall have all their Liberties and free Customs.

29. NO Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the land. We will sell to no man, we will not deny or defer to any man either Justice or Right.

Influence on America

The American Constitution is the "supreme law of the land", recalling the manner in which Magna Carta had come to be regarded as fundamental law. This heritage is quite apparent. In comparing Magna Carta with the Bill of Rights: the Fifth Amendment guarantees: "No person shall be deprived of life, liberty or property without due process of law." In addition, the United States Constitution included a similar writ in the Suspension Clause, article 1, section 9: "The privilege of the writ habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it." Each of these proclaim no man may be imprisoned or detained without proof that they did wrong. The Ninth Amendment to the United States Constitution states that, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." The framers of the United States Constitution wished to ensure that rights they already held, such as those provided by the Magna Carta, were not lost unless explicitly curtailed in the new United States Constitution.

The United States Supreme Court has explicitly referenced Lord Coke's analysis of Magna Carta as an antecedent of the Sixth Amendment's right to a speedy trial.

Perception in 21st Century Britain

In 2006, BBC History held a poll to recommend a date for a proposed "Britain Day". 15 June, as the date of the original 1215 Magna Carta, received most votes, above other suggestions such as D-Day, VE Day, and Remembrance Day.

As you have probably noticed the Magna Carta was the first true document that was about liberation of the people by restricting the power of the state, giving the citizens more liberty and reforming the judicial system. Not only was it a powerful document in 1215 but it was so powerful that its message lived on for centuries all the way down to the Founding Fathers of the United States who used some of the ideas from the Magna Carta to create the United States Bill of Rights.

The British should be very proud of their history of brave men and philosophers who believed in liberty and created the ideas of Liberalism(Classical) which pushed heavily into Capitalism and Republicanism which our founding fathers used to create our system of governance and our freedoms.

Much thanks needs to be given to these brave men from 800 years ago who for their time stood up for what is right and defended the citizens against tyranny by an overreaching crown.

reply to post by Misoir


This is probably one of the most important documents from a conceptual stand point ever conceived.

The Writ of Habeas Corpus stems from the Magna Carter, and is one of the most important if not most important law ever conceived when it comes to protecting the rights of the individual. It demands that the governing authority produce a body of evidence and not act arbitrarily in legal matters by simply assigning guilt by decree.

It’s such a important thing, that often when tyrants like Lincoln choose to prosecute a war zealously the first thing to go out the window is the Writ of Habeas Corpus.

Many I think though could argue successfully that the zenith of personal freedoms was in the immediate aftermath of the American Revolution and the gains made from the time of the Magna Carta on through the American Revolution have steadily eroded since.

As long as we charge the state with our security, the state will always have the advantage of falling short purposefully in providing it, and sweetly singing the need for more laws and less freedoms to accomplish it.

Songs that all too often find frightened and receptive ears.

Great post star and flag.

reply to post by Misoir


It is such an important document ATS felt the need to post my post twice!

Gremlins are bound to take over the world one of these days.

reply to post by ProtoplasmicTraveler


Our freedoms are most definitely going down hill ever since they have been established.

Originally posted by Misoir
reply to post by ProtoplasmicTraveler

 

Our freedoms are most definitely going down hill ever since they have been established.

It was the same thing with Rome, the Republic gave way in time to dictatorship. It seems one of the freedoms some really take to the extreme, is the freedom to strive to take everyone else's but your own freedom away.

And so it goes, as history repeats itself time and again.

It seems like it takes some catalyst of extreme persecution, combined with everyone having their backs up against the wall, before people unite to demand real freedom, only to then trade it away one fraction at a time for security later.

Its a most vexing thing.

reply to post by ProtoplasmicTraveler


We should make it part of our constitution that we cannot do anything not permitted within the context of the constitution.

Giving this thread a bump because I thought there would be liberty loving people who might be interested.

ONE LAST BUMP

reply to post by Misoir


Thanks for the info. What a wonderful document. Too bad the British government is wiping their arse with the thing right now. Under watchful eyes in Oceana

reply to post by CerealKiller


How is the British Government "wiping their arse" with the Magna Carta. Such a bold statement demands some form of factual reference. The fact is that the Magna Carta has been absorbed into British law in many ways and has been a cornerstone of other nations Constitutions, in the same way as many principles of English law have been adopted by other countries. Law evolves.

The Magna Carta – in its various versions and documents is a most important historical manuscript. I have seen the Salisbury Cathedral copy, which is a pointless fact but something I mention anyway.

However, please back up the arse wiping.

Regards