Magna Carta Analysis by Luke Santamarina PERIOD 3 (FAIRNESS OF THE LAWS…
Magna Carta Analysis by Luke Santamarina PERIOD 3
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
Chapter 36 says that if a man has done something bad, or have been framed for some reason, they have the right to defend themselves for free. Before that the kings can buy their way out, but the poor couldn't. This is basically saying that a man has the right to defend themselves, no matter what.
Chapter 38 states that if a man has a statement to say, or is defending himself, he has to have some kind of witnesses, or evidence that is reliable or evidence that makes sence.
Chapter 17 states that if a lawsuit and court is going to start, it is going to be held in a sophisticated place, or a place that is meant for court. This means that a case is not going to be held anywhere, its going to be held in a place that's supposed to be for court trials.
Chapter 18 states that all people that are trying to state a statement in court, shall all be heard equally, and no one should be heard differently. This means that no matter what social class you are in, you should not be treated differently in 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.
Chapter 20 says that a free man should only be fined a little amount for his wrong doing, but if you do something really bad, the rule does not apply that often.
Chapter 21 says that if an Earl or a Baron gets fined, they should only be fined equally as the other Earl's and Barons. This means that if they get fined, they are all going to get the same fine.
Chapter 40 states that anyone that wants to come to their land is going to be treated the same as anybody. If anybody wants to become a citizen, they will gladly welcome you in. This means that if someone wants to become a citizen, they cant say "no".
Chapter 19, states that if you go to court and state something, our voice is going to have to be heard by different people. These people are knights kings, and nobles, these people have to listen to you statement, even if there are a lot of cases.
Chapter 45 states that all citizens should know the law, and they should follow it good. It says if the men don't follow the law, they will be punished, but not physically. This is saying that if they don't follow the law, they will get punished, and it was also saying that everybody should know the law.
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.
Chapter 20 says that if a merchant breaks a law, the merchant cannot get his merchandise taken away, which means that if he gets in trouble, he can still keep all the stuff he collected.
Chapter 39 says that a free man's property should not get taken away for no reason, and a free man should not get his rights taken away. It says that a person should be left alone, and the government cannot do anything about it.
RULE OF LAW
Powers and privileges of the king are clearly defined and limited; charter provides for enforcement of restrictions placed on the king.
Chapter 60 states that the Magna Carta is applied to everyone in the kingdom. Nobody in the kingdom is out of the Magna Carta rules.This is saying that everybody in the kingdoms power is limited because of the Magna Carta.
Chapter 63 states that everybody in the kingdom has rights and restrictions like everybody else. Before the English church was not free, but now it is. So they free'd all the people that were apart of the English kingdom.
Chapter 55 states that if someone fines the kingdom or sues the kingdom for no reason, they are allowed to ignore it. They will only accept it if it is reasonable. It says they can ignore it, if it's "unjust".
Chapter 24 states that sheriffs, constable, coroners, or royal officials are not allowed to take charge when people do bad things. The court and the kingdom is going to have to decide on the punishment.