Charter of liberties
K.S.S. SESHAN
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The Magna Carta contained 63 articles and these could be divided into several sectors, each dealing with aspects like church, feudal obligations, law, justice and so on.
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King John: Signing the Magna Carta.
The English Constitution, unlike ours, is an unwritten one. However, there are few written elements in such an unwritten constitution in England. The first and foremost of such written documents in the history of England is the Magna Carta, given by King John in 1215 A.D.
England in the 13th century was feudal and the lords were powerful. They provided the king with military help. In turn, they enjoyed all lands given by the king. When King John ascended the throne in 1204, he could not get along with the nobles. He knew only the art of making enemies both within and outside. He was at loggerheads with the king of France and also with the religious head, the Pope. He wanted to invade France and so asked the nobles to provide an army. But the nobles refused, declaring that by the “Oath of Homage” they were obliged to help the king with their armies only when he was fighting within the country. In the meantime, King John set out with a small army but was defeated by the French king.
Individual rights
When he returned, all the feudal nobles in England joined together and demanded he sign a charter of demands ensuring certain liberties. The townsmen also joined the nobles. King John signed the Charter of Demands, the Magna Carta at Runnymede grounds, about 30 miles outside London on June 15, 1215.
The Magna Carta contained 63 Articles and these could be divided into several sectors, each dealing with different aspects like church, feudal obligations, law, justice, constitutional clauses etc. Though the Magna Carta was seen as a feudal document it was in reality a reactionary Charter which paved the way for the individual rights.
The Charter makes frequent use of the word ‘Liberty’ though unlike today, the word in the 13th century had a limited connotation. The Magna Carta is said to be the first constitutional document in history and is rightly regarded as the cornerstone of the English constitution. The Magna Carta remained fresh in the minds of the people throughout the 13th century.
But in the 14th and 15th centuries, Parliament held the same place in the minds of men as the Magna Carta had earlier. During the Tudor period, people cared very little about the Magna Carta, because the kings of this period, through their popular despotism, took care to ensure the liberties of the people.
Shakespeare in his play “King John” did not even refer to the Magna Carta.
When the Stuart kings came to the English throne after Elizabeth in 1603, and tried to place themselves above the law, the Magna Carta came back quickly to the minds of the people.
The entire 17th century witnessed the constitutional struggle between the king and the Parliament over the question of sovereignty and the struggle was carried by the Parliament in the name of the Magna Carta. In the 18th century leaders like Edmund Burke thought the document deserved to be worshipped. The Magna Carta served as an example for the American colonists while drafting the Declaration of Independence.
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