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The History of Magna Carta
THE HISTORY OF MAGNA CARTA
The word ‘Magna Carta’ means the Great Charter. It is one of the most important document in the history which was drafted 800 year ago. King John, who is also known as the ‘Worst King in the History’, abused his powers. He imposed heavy taxes on his barons to meet his expensive foreign wars and would seize the property of those who refused to pay. The rebellion barons demanded the king to obey the law and when he refused, they captured London and the king was forced to negotiate. The result of the negotiation is what we now call as ‘Magna Carta’.
Magna Carta has become the most powerful symbol of liberty around the world. The most famous clause, ‘No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will we proceed against or prosecute him, except by the lawful judgement of his peers and by the law of the land. (39th clause)’, didn’t sound so good since it included only free men and in 1215 the vast majority were unfree pheasants who could seek justice only through their own lords. Magna Carta was reissued at several times during the 13th century, until it was made a part of the English Law.
Magna Carta was influenced by many constitutions. Magna Carta is echoed in the United States Bill of Rights (1791) and in European Convention on Human Rights (1950). Even it is seen very clearly in the Universal Declaration of Human Rights penned in 1948 after the Second World War.
The Magna Carta can also be said as the cornerstone of the individual liberty. Even today in India we can see it. Article 21 of the Indian Constitution says “no person shall be deprived of his personal liberty except according to the procedure laid by law.”. It is very clear that this article has the very essence of a charter drafted in 1215. In fact the document that the barons drafted to stop the king’s abuse of power is responsible for many countries enjoyment of freedom today.
The Magna Carta is considered as the primary step taken in England to establish parliamentary democracy. Even during the English Civil war, Magna Carta was used to restrain the power of Monarch. Magna Carta, though drafted in 1215, was declared invalid by the Pope. It was when Henry III in 1225 came to the throne Magna Carta was reissued.
In 1215, it contained 63 clauses and all those were actually the grievances relating to King John’s rule. As mentioned earlier, it was reissued several times. Most famously the 39th clause gave the right to justice and fair trial which was adopted by many other countries and states while drafting their constitution. Buried deep in 1215, Magna Carta had no much importance then since it was drafted by the rebel barons against King John. But, since Middle Ages, it have been shaped to its meaning which we can witness in the modern era. It has become an international rally against the arbitrary use of power. Magna Carta has become the foundation of freedom of the individual against the authority.
