HIST 189H:*The Magna Carta *

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HIST 189H:*The Magna Carta * by Mind Map: HIST 189H:*The Magna Carta *

1. Religion

1.1. Ensure that the church shall be free with its rights undiminished, and liberties unimpaired

1.2. Debt to Jews does not bear interest if heir is underage.

1.2.1. was ommited in the re-release of the Magna Carta, due to controversy

1.3. If a man dies without a will, the church oversee's distributing the deceased belongings, and clears his debts

1.4. If one dies while indebt to the Jews, their wife will not have to pay and the debt will be wiped.

1.5. Stated that the King was subject to Religious rulings

1.5.1. Separated State and Church

1.6. Protects the rights of the Church

1.7. King was believed to be ordained by God

1.8. Church played a role in distributing and drafting the Magna Carta

1.8.1. Magna Carta had legitimacy because of papal support, when that was revoked, the document was as well

2. Social Structures

2.1. Made the people feel more heard/seen/respected

2.1.1. encouraged social movements advocating for rights and freedoms

2.2. Gave social rights to barons and protected them from the royal authority

2.3. Gave rights to women and children that inherited property

2.4. Gave power to the people against possibly opressive rulers

2.4.1. Barons had the right to declare war on the king if he did not follow the charter's provisions

2.4.1.1. gave less power to the king

2.5. established the principle that everyone, including the king, is subject to the law

2.6. Introduced the idea of individual rights so that no one can be convicted without trial

2.6.1. led to a "process" that had to go through before one was put in prison

2.6.1.1. rise of middle class and more social mobility in general

2.6.1.2. adressed issues related to land rights and feudal obligations

2.7. Paved the way fror development of parliament systems

2.7.1. Led to a established government structure

2.8. initially had impacts on the feudal system

2.9. influenced the evolution of legal systems, including the common law of england

3. Long-Term Impact

3.1. Today

3.1.1. Impact on the US constiution and BOR

3.1.1.1. Due process

3.1.2. Served as an example of a revolt by the people for later events in history such as the English Civil War and the American Revolution

3.1.3. The charter saw a resurgence in the 17th century for another revolt similar to that of the barons

3.1.4. Contributed to the ideals in the English Bill of Rights

3.1.4.1. Limited royal power

3.1.4.1.1. Made it that certain rights and liberties were so fundamental that their violation was an abuse of governmental power

3.1.4.1.2. Safegaurding indivdual protections and liberties

3.1.5. Other Legal modern documents

3.1.6. Heavily influenced the judicial systems as seen in modern day US

3.1.7. rule of law which helped the kings power be limited, no one is above the law.

3.1.8. Influenced Universial Declaration of Human Rights

3.1.9. encourages social movements advocating for rights and freedoms

4. Historical Context

4.1. Social

4.1.1. Nobility

4.1.1.1. conflicts with King John because of heavy taxation, united rebellion against him

4.1.2. Clergy

4.1.2.1. church is powerful, so very influental

4.1.2.2. wanted to protect their autonomy and influence

4.1.3. Commoners

4.1.3.1. they were being used for money in all types of ways. John used them to fund his military

4.1.3.2. Limited Political Power, wish for more equality

4.2. Economic

4.2.1. King John forced his barons and many members of his gentry to pay him "scutage". This was a tax. He extorted money in the form of "aids". Ongoing high military cost.

4.2.1.1. with these funds John was able to pay for a navy and hire mercenary troops

4.3. Political

4.3.1. conflicts between barons and King John, inclduing the Battle of Bouvines

4.3.2. Henry I made reforms to strengthen the monarchy

4.3.2.1. "Pipe Rolls," "Dialogue of the Exchequer," "Charter of Liberties," and "Charter of Liberties for London"

4.3.2.1.1. Laid foundation and groundwork for administrative and legal system for subsequent centuries

4.3.3. Centralized power and authority in England

4.4. Cultural

4.4.1. Gothic Art and Architecture

4.5. Diplomatic

4.5.1. France took land from England and barons got the short stick so they revolted

4.6. Religious

4.6.1. The Becket Controversy - power struggle between royal authority and church

4.7. Social

4.7.1. King John compelled the widows of his barons and other vassals to marry men of his choosing or pay him a hefty fee to remain single.

5. The Text Itself

5.1. Clauses

5.1.1. (63)

5.1.2. Each Clause is an individual Law or policy

5.1.3. The 63 clauses fall into 10 main categories with a few clauses being miscellaneous.

5.1.3.1. Rights of the Church

5.1.3.2. Rights and obligations for Fuedal

5.1.3.3. Legal and justice system Reforms

5.1.3.4. Protection of property

5.1.3.5. Fair taxing and concent to taxing

5.1.3.6. Trade and the rights of merchants

5.1.3.7. Forest and Land of the Royals

5.1.3.8. Regulation for Royal Officials

5.1.3.9. Heirs and Widows

5.1.3.10. The Role of the Baron in Governence and Enforcement

5.1.3.11. Redress of Grievances

5.1.4. Clauses were removed when The Magna Carta was reissued

5.1.5. Many clauses were ommited in the following releases, due to conflicts and contriversy about power distributions

5.2. Language & Terminology

5.2.1. Original in Latin

5.2.1.1. Language of the Church and the Law which was later translated into Anglo-Norman.

5.2.1.2. Terms still in Latin

5.2.1.2.1. *novel disseisin *

5.2.1.2.2. *mort d'ancester *

5.2.2. Difficult Terms:

5.2.2.1. Disparagement: Rosenwein pg, 176. Clause [6]

5.2.2.1.1. Disparagement is the act of speaking negatively or belittling someone or something, or showing that you don't respect them

5.2.2.2. Scutage

5.2.2.2.1. money paid by a vassal to his lord in lieu of military service.

5.2.2.2.2. Money paid to a lord in lieu of military service

5.2.2.3. Amercements

5.2.2.3.1. a fine

5.2.2.4. Praecipe

5.2.2.4.1. a writ demanding action or an explanation of nonaction

5.2.2.5. Russet or halberget

5.2.2.5.1. Meaning is unknkown but relates to width of woven fabric

5.2.3. Written like a Legal document

5.3. Structure & Format

5.3.1. Royal Charter with 63 clauses.

5.3.2. Introduction followed by a list of laws with the final clause serving as a conclusion

5.3.3. Regulating feudal customs and justice system.

5.4. Sources & Influence

5.4.1. The Magna Carta was influenced by many previous charters seen in Europe

5.4.2. most influenced by Henry I's Charter of Liberties

5.4.2.1. Earlier document that limited king's power and protected the rights of nobles, church officials, and individuals

6. Short-Term Impact

6.1. Gave basic rights to the people of England

6.1.1. Bailiffs coulnd't steal property without the consent of it's owner

6.1.2. Arrests couldn't be made wihout good reason, a just council or law, and any arrested could only be held without carges for a year

6.2. Halted royal ambitions and created a foundation for a consitutional state

6.2.1. Required the king to consult with the barons on the rights of the people before being able to change them

6.2.2. people were free from unlawful trials/imprisonment

6.3. Gave widows more control of their dower and future marriages

6.3.1. and more rights if they inherited property from dead husbands or deceased family

6.4. made the king subornate to written provisions

6.5. Concerns were brought up about the property rights of barons and other high ranking citizens

6.5.1. they were free citizens from the crown

6.6. The crown was limited in how much tax they could take from the barons

6.7. the right to justice could not be sold, delayed, or refused

6.7.1. everyone had the right to a trial before being arrested, imprisoned, outlawed, or exiled.

6.8. Temporary- the two sides were at war with each other within 3 months on the signing of this document

6.9. Changed the tax system

6.10. resolves immediate grievances for the rebellion

6.11. Barons pledge loyalty to King John

6.12. created group of 25 barons who would ensure that peace and liberty, particularly the rights in the Magna Carta, were upheld

6.12.1. Acted as checks-balances for the king

7. Gender

7.1. Widows Rights

7.1.1. Gave widows the right to not get remarried if they wish to live alone

7.1.2. Would not have to pay tax on their portion of their dead husband's inheritance

7.2. Trials

7.2.1. Women could raise a champion for trial by combat, which was seen as unfair, so they were made unable to call for the arrest of anyone for a death that wasn't her husbands

7.2.2. Could hold a trial over Rape but not general bodily harm

7.3. Gender Equality

7.3.1. It did not ensure gender equality, and women still had much more limited rights compared to men

7.3.2. It was a small step in the right direction

7.4. Heirage

7.4.1. All sections of inheritance were written with the assumption of male heirs only, women held no real power of inheritance outside of their freedom as widows

8. Important Figures

8.1. King John

8.1.1. spent a lot of money and then lost the money in wars that he lost

8.1.1.1. signed Magna Carta in 1215 due to the revolt and pressure of the barons

8.1.1.1.1. son of Henry II and Eleanor of Aquitaine, brother to Richard the Lion-Hearted

8.2. Barons

8.2.1. Heavily influnced King John into signing the document since they were unhappy with the king

8.2.1.1. Created new political system of 25 barons who had significant power

8.2.2. Rebelled against him after the loss at Bouvines

8.3. King Philip II of France

8.3.1. Bested King John, most notably at the Battle of Bouvines, which led to the final straw for his barons to rebel

8.3.2. defeated King John at the battle of the Bouvines, which inadvertently led to the drafting of the Magna Carta

8.4. Church

8.4.1. Archbishop Steven Langton

8.4.2. Pope Innocent III

8.4.2.1. Revoked the Magna Carta after 11 weeks

8.4.3. The Church helped dsitribute copies

8.5. Holy Roman Emperor Otto IV

8.5.1. Ally of John against Philip who was part of the losing army at Bouvines

8.5.2. Nephew to King John