MAGNA CARTA

Judicial rights



Clauses 17 to 22 allowed for a fixed law court, which became the chancellery, and defines the scope and frequency of county assizes. They also state that fines should be proportionate to the offence, that they should not be influenced by ecclesiastical property in clergy trials, and that their peers should try people. Many think that this gave rise to jury and magistrate trial, but its only manifestation in the modern world was the right of a lord to a criminal trial in the House of Lords at first instance (abolished in 1948).

Clause 24 states that crown officials (such as sheriffs) may not try a crime in place of a judge. Clause 34 forbids repossession without a writ precipe. Clauses 36 to 38 state that writs for loss of life or limb are to be free, that someone may use reasonable force to secure their own land, and that no one can be tried on their own testimony alone.

Clauses 36, 38, 39 and 40 collectively define the right of Habeas Corpus. Clause 36 requires courts to make inquiries as to the whereabouts of a prisoner, and to do so without charging any fee. Clause 38 requires more than the mere word of an official, before any person could be put on trial. Clause 39 gives the courts exclusive rights to punish anyone. Clause 40 disallows the selling or the delay of justice. Clauses 36 and 38 were removed from the 1225 version, but were reinstated in later versions. The right of Habeas Corpus as such was first invoked in court in the year 1305.

Clause 54 says that no man may be imprisoned on the testimony of a woman except on the death of her husband.





Anti-corruption and fair trade



Clauses 28 to 32 state that no royal officer may take any commodity such as corn, wood or transport without payment or consent or force a knight to pay for something the knight could do himself, and that the king must return any lands confiscated from a felon within a year and a day.

Clause 35 sets out a list of standard measures, and Clauses 41 and 42 guarantee the safety and right of entry and exit of foreign merchants.

Clause 45 says that the king should only appoint royal officers where they are suitable for the post.

Clause 46 provides for the guardianship of monasteries.




Temporary provisions



Some provisions were for immediate effect and were not in any later charter. Clauses 47 and 48 abolish most of Forest Law. Clauses 49, 52 to 53 and 55 to 59 provide for the return of hostages, land and fines taken in John’s reign.

Article 50 states that no member of the D’Athèe family may be a royal officer. Article 51 calls for all foreign knights and mercenaries to leave the realm.

Articles 60, 62 and 63 provide for the application and observation of the Charter and say that the Charter is binding on the king and his heirs forever, but this was soon deemed dependent on each succeeding king reaffirming the Charter under his own seal.