Today is June 15, 2015. Just another Monday in the beginning of summer, where we are either at work or at home; out pursuing our dreams; or at class learning, growing, and experiencing life. Whatever we are doing at this moment, it is because we have the freedom to do so—the human right to follow the pursuit of happiness, whatever form that takes. The Magna Carta, Latin for “the Great Charter of Liberties,” is one of the earliest written documents to recognize, define, and guarantee these fundamental rights. It was 800 years ago today that this charter was first adopted in a meadow in Runnymede, England. And so today, we look at the history of this most monumental charter and give thanks for its evolution and implementation in the Land of the Free.
Imagine living in a country oppressed by its King, where individual rights and freedoms are ignored, where the power of the crown ruled all, and where the fruits of your labor belonged not to you, but the King. Sounds unjust, right? On June 15, 1215, the Magna Carta was written to limit the power of the crown by granting individual liberties and due process of law. Once these ideas of freedom were articulated and written, it demonstrated to people of all classes that not even the King was above the Common Law of the land.
At the time of its writing, King John was feuding with the Pope (who finally excommunicated him) and began demanding money from barons who refused to join him on the battlefield after a military defeat a few years prior. The barons rebelled and forced the King into a corner, demanding the terms of the Great Charter be adopted. This crucial charter promised protection for barons, rights for the church, the right to a fair trial, and limits on taxation, all overseen by a small council of 25 barons.
Since its adoption, the Magna Carta has inspired the recognition of human liberties in the laws of many countries. In 1264, the Simon de Montfort Parliament was born in defiance of King Henry III, introducing radically new democratic elections of knights and borough representatives throughout the Kingdom, making it the first representative government in England. By the mid-15th century, the Magna Carta remained a pertinent text for lawyers serving as a protector of property rights. As printed versions circulated and levels of literacy increased, it became more widely read. By the 16th century, English philosopher, scientist, and jurist, Francis Bacon, described the Magna Carta as “the basis of the 16th-century jury system and judicial processes.” After the English Civil War (1642-1651), the Habeas Corpus Act of 1679 was passed in order to strengthen English Common Law by preventing unlawful or arbitrary imprisonment and protecting individual liberty.
Over the next 100 years, the principles set forth in the Magna Carta continued to be discussed and fought for. The founding of America, sometimes referred to as “The Great American Experiment,” was our Founding Fathers’ attempt to implement these principles on a large scale. The goal was—and is—to create a strong, stable republic based on lasting principles, recognizing the imperfections of humans and the need for a structured government. Those principles noted that all humans can abuse power (like King John did over 500 years prior). The Founding Fathers believed in separating those powers and then reworking them into a detailed set of checks and balances, thus creating the U.S. Constitution and American government. The Bill of Rights was added to the Constitution in 1791, adhering to those principles and limiting the government’s power in judicial proceedings while reserving most powers to the states and the public. The Bill of Rights make up the first ten Amendments of the Constitution, with the Fifth Amendment paraphrasing from the Magna Carta’s 39th clause, promising that no person shall be “deprived of life, liberty, or property without due process of law.”
More recently, the Universal Declaration of Human Rights, created in 1948, has been described by many as “the Magna Carta of our age.” Coming out of World War II and its horror, the Universal Declaration set out basic freedoms and details 30 articles to which all humans are entitled. It is protected by the United Nations and adopted into the laws of almost every country in the world.
The Magna Carta, an 800 year-old sacred text, made up of just 3,550 words, gave birth to an idea that has sprouted laws and freedoms to the rest of the world for centuries. Today, the Magna Carta is still regarded with the utmost respect by British and Americans alike. It has played a fundamental role in the development of human rights, democracy and liberty.