Magna Carta Analysis by Jack Ferguson Period 7 (COMMITMENT TO "DUE…
Magna Carta Analysis by Jack Ferguson Period 7
COMMITMENT TO "DUE PROCESS OF LAW"
Established procedures; no trial without evidence/testimony to support accusations; reliance on local courts and magistrates; trials held in a timely manner; trials open to the public; trial by jury of one's peers
24: No lower authorities should hold court for offenses that are to be dealt with by the royal court.
38: No one shall place a man on trial without having witnesses
39: No one can be imprisoned or have their rights taken without probable cause
17: Regular small lawsuits should not be taken to the royal court.
FAIRNESS OF THE LAWS AND THEIR EXECUTION
"Reasonable" rules and regulations; equal justice under the law; recognition of customs, traditions, and established rights; restoration of property and fines if not justly taken; punishment in proportion to the crime.
The king had to follow the laws as well as the people, the king was not above the law anymore.
The king was forced to be held accountable for his actions by the Barons
19:If something cannot be dealt with on that day, knights and freeholders will deal with it.
20: You should only be fined for minor infractions.
!7: The regular court should not deal with royal crimes.
RESPECT FOR ECONOMIC RIGHTS
Right to property; fairness in economic transactions--standard weights and measures; reimbursement for and/or restoration of property; freedom for merchants to move in order to conduct business
The King was not allowed to interfere in or disrupt the Business of the church.
"First, that we have granted to God, and by this present charter have confirmed for us and our heirs in perpetuity, that the English Church shall be free, and shall have its rights undiminished, and its liberties unimpaired."
60: All rights shall be observed and n
55: No one should be fined unfairly
RULE OF LAW
Powers and privileges of the king are clearly defined and limited; charter provides for enforcement of restrictions placed on the king.
21: Earls and barons should only be fined by their equal men in status.
40: You may not bribe the court.
45: Only men who know the law should enforce it.
60: everyone in the kingdom observed these laws