Bar Bulletin: Magna Carta - Did you know?


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  • | 12:00 p.m. November 3, 2014
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Magna Carta (Latin for Great Charter) is a rare medieval manuscript that gets equal respect from the Supreme Court justices, human rights advocates and the rapper Jay-Z.

However, the far-reaching effect of the Magna Carta greatly exceeds the smooth beats and sharp lyrics from Jay-Z.

Furthermore, unlike Jay-Z, Magna Carta is here in Jacksonville at the Duval County Courthouse for exhibition to the public.

The Honorable Harvey E. Schlesinger, United States District Court Judge of the Middle District of Florida, gave a keynote address for the opening ceremony last Tuesday. Magna Carta will remain open to the public in Duval County through Friday.

The first thing you need to know is it is called Magna Carta, not The Magna Carta. The charter has 63 clauses but no definite article. It is simply referred to as Magna Carta without a “The.” The charter was written in Latin, in which there is no exact technical equivalent for the word “The.”

Magna Carta has its origins in feudal England. Richard the Lionheart, King of England, spent much of his reign outside the motherland fighting wars in the Middle East and France to gain land.

To pay for these wars, he taxed the English barons heavily. In 1199, King Richard died and his brother, John, became king.

When King John assumed the throne of England, he was intent on exercising power to achieve his own selfish goals. King John made many mistakes that led to an uprising from the feudal barons.

England had for years owned land in France obtained through prior wars. The barons provided the kings with financing and men to defend the territory.

The kings had traditionally consulted the barons before raising taxes or demanding more men for military service. This was all part of the feudal system through which England was governed.

Relations with the barons were good so long as the English kings were militarily successful abroad. Unfortunately, King John was not successful in his military campaigns. This, coupled with his constant demands for more money and men, angered the barons.

Specifically, in 1204, King John lost most of the territory gained in northern France. Immediately thereafter, King John introduced higher taxes without asking the barons. This violated feudal law and accepted custom. King John also angered the Roman Catholic Church and was excommunicated by the Pope in 1209.

The straw that broke the camel’s back occurred in 1214 when King John once again suffered military defeat in his attempts to gain back lost territory in northern France. King John returned to London demanding more money and taxes from the barons. This time the barons rebelled against the king’s power and captured London with the assistance of London’s merchants.

Threatened with a violent overthrow, King John consented to meet with the barons and agree to the terms presented in Runnymede near Windsor Castle in 1215. Magna Carta was the agreement executed (by royal seal) to end King John’s tyrannical practices.

Magna Carta contains 63 clauses, most of which are of no relevance in today’s society. The first set of clauses was concerned with the position of the Catholic Church in England.

The following clauses generally state that King John will be less harsh on the barons. The final sections deal with enforcement of laws in England.

Multiple copies of the first Magna Carta were initially distributed across the English countryside to courts. No one is sure of the exact number of copies made by scribes.

The scribes used tiny writing and abbreviated words to save space because parchment was so expensive. Today, only four copies remain.

The British library holds two and two are in the collections of the cathedrals of Salisbury and Lincoln. The copy on display at the Duval County Courthouse is on loan from Lincoln Cathedral.

By August 1215, Pope Innocent III annulled Magna Carta, declaring it null and void due to the fact that King John signed it under duress. King John died in October 1215 at the age of 50. However, Magna Carta, over the course of the next 800 years, gained momentum and assumed greater authority and respect due to the central and key clauses concerning liberty and justice.

These clauses have not only stood the test of time but have a potency of their own. The core concepts of Magna Carta include representation before taxation, due process, equality before the law, separation of church and state and restraint upon the executive branch.

These concepts, embraced by the leaders of the American Revolution, are embedded in the United States Constitution and enforced by the Supreme Court today.

If you have not already done so, I encourage you to visit the Duval County Courthouse and view an enduring symbol of liberty, rule of law and a cornerstone of the U.S. Constitution.

 

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