The dissatisfaction of the barons with King John led to the Magna Carta in 1215. There are 63 clauses setting out what the king could and could not do. Most of them are about regulating feudal customs, taxes and finances of one kind or another.
There are four main provisions of Magna Carta that anyone doing G.C.S.E. History needs to know and its quite handy for everyone else rather than remembering 63 points – 1) church rights, 2) protection from illegal imprisonment, 3) swift justice for free men according to the laws of the land and 4) a limit to taxes and feudal dues ( or no making up new taxes without asking the important men in the kingdom first.)
Of the 63 clauses 4 are still enshrined in the law -clause 1, 13, 39 and 40. The words ‘no one’ and ‘no free man’ gave the clauses a universal quality that did not apply at the time as the barons were only thinking of themselves- but by the 17th century they were very important indeed. In effect Magana Carta was a treaty between the king and his people and it meant that the king was not above the law.
Clause 1: The king was not to interfere in the Church.
Clause 13: The City of London must be allowed to enjoy its liberties and customs without interference. The clause went on to grant all other cities, boroughs, ports and towns the same right to enjoy their liberties and customs.
Clause 39: no free man could be arrested, imprisoned, disposed, outlawed or exiled until he was judged by a court according to the laws of the land by his equals – this establishes the principle of Habeas Corpus
Clause 40: No one was permitted to sell, delay or deny a man justice and no force was to be used against him until such time as he received a judgement according to the law. This is about due process.
Clauses 7 and 8 are specifically about women’s rights – that’s wealthy women not the unwashed masses.
Clause 7: Widows are not to be treated badly by their husband’s heirs – they are to receive their dower (one third of all their husbands estates at the time of marriage) and any jointures (property held by both husband and wife) without argument and they are allowed to stay in their husband’s home for 40 days before having to find somewhere else to live.
Clause 8: No forcing widows to marry against their wishes.
Clause 11: No impoverishing widows and orphans by making them pay their late husband/father’s debts.
For those of you who are feeling brave – in 2022 G.C.S.E. students were asked to explain two ways in which Magna Carta and the Great Reform Act of 1832 were similar. The question was worth 8 marks. And there’s something to ponder over a nice cup of tea! May be I’ll even have a stab at answering it next time.