Magna Carta Analysis by Anabel Leigh 4 (FAIRNESS OF THE LAWS AND THEIR…
Magna Carta Analysis by Anabel Leigh 4
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
No man will be placed under trial without evidence and witnesses
Some trials will need to be held locally
It is saying that the court will be help in a fixed location
Requirement of the jury of one's peers
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.
Any fines that were made unjustly will be taken away
Efforts would be made to assure a fair hearing
Punishments will be in proportion to the crime
Earls and Barons should be fined only by people equal to them
Respect other people custom and liberties
Saying that the Church is free and the men in the kingdom will be able to keep there rights
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
Any property taken unjustly will be restored
RULE OF LAW
Powers and privileges of the king are clearly defined and limited; charter provides for enforcement of restrictions placed on the king.
The king can't sell, delay or deny the right of justice