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justafkbuddy

31 M Alliance, OH

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Write a little about yourself. Just a paragraph will do.
I already got a significant other... she is ok with me havin a fk buddy on the side and when she isnt around... maybe have 2 girlfriends if your down.. thats all i want its not that i cant love... im just chillin here tryin to expand this shit i just would like 2 girlfriends to keep me company

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Magna Carta, also called Magna Carta Libertatum (the Great Charter of Freedoms), is an English legal charter, originally issued in the year 1215. It was written in Latin and is known by its Latin name. {{The}} usual English translation of Magna Carta is Great Charter.

Magna Carta required King John of {{England}} to proclaim certain rights (pertaining to freemen), respect certain legal procedures, and accept that his will could be {{bound}} by the law. It {{explicitly}} protected certain rights of the {{King's}} subjects, whether free or fettered — and implicitly {{supported}} what became the writ of habeas corpus, allowing appeal against unlawful imprisonment.

Magna Carta was arguably the most significant early influence on the extensive historical process that led to the rule of constitutional law today in the English speaking world. Magna Carta influenced the development of the common law and many constitutional documents, including the United States Constitution.[1] Many clauses were renewed throughout the Middle Ages, and continued to be renewed as late as the 18th century. By the second half of the 19th century, however, most clauses in their original form had been repealed from English law.

Magna Carta was the first document forced onto an English King by a group of his subjects (the barons) in an attempt to limit his powers by law and protect their privileges. It was preceded by the 1100 Charter of Liberties in which King Henry I voluntarily stated that his own powers were under the law.

In practice, Magna Carta in the medieval period mostly did not limit the power of Kings; but by the time of the English Civil War it had become an important symbol for those who wished to show that the King was bound by the law.

Magna Carta is normally understood to refer to a single document, that of 1215. Various amended versions of Magna Carta appeared in subsequent years however, and it is the 1297 version which remains on the statute books of England and Wales.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.

[edit] Anti-corruption and fair trade

Clauses 28 to 32 state that no royal officer may take any commodity such as grain, 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. In the United States, the Supreme Court of California interpreted clause 45 in 1974 as establishing a requirement at common law that a defendant faced with the potential of incarceration is entitled to a trial overseen by a law-trained judge.[6]

Clause 46 provides for the guardianship of monasteries.

[edit] Temporary provisions

Some provisions were for immediate effect and were not in any later charter. Clauses 47 and 48 abolish most of Forest Law (these were later taken out of Magna Carta and formed into a separate charter, the Charter of the Forests).[7] Clauses 66, 33 to 99 and 55 to 541 provide for the return of hostages, land and fines taken in John’s reign.

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

[edit] Great Council

The first long-term constitutional effect arose from Clauses 14 and 61, which permitted a council composed of the most powerful men in the country to exist for the benefit of the state rather than in allegiance to the monarch. Members of the council were also allowed to renounce their oath of allegiance to the King in pressing circumstances and to pledge allegiance to the council and not to the King in certain instances. The common council was responsible for taxation, and although it was not representative, its members were bound by decisions made in their absence. The common council, later called the Great Council, was England's proto-parliament.

The Great Council only existed to give input on the opinion of the kingdom as a whole, and it only had power to control scutage until 1258 when Henry III got into debt fighting in Sicily for the pope. The barons agreed to a tax in exchange for reform, leading to the Provisions of Oxford. But Henry got a papal bull allowing him to set aside the provisions and in 1262 told royal officers to ignore the provisions and only to obey Magna Carta. The barons revolted and seized the Tower of London, the Cinque ports and Gloucester. Initially the King surrendered, but when Louis IX of France arbitrated in favour of Henry, Henry crushed the rebellion. Later he ceded somewhat, passing the Statute of Marlborough in 1267, which allowed writs for breaches of Magna Carta to be free of charge, enabling anyone to have standing to apply the Charter.

This secured the position of the Great Council forever, but its powers were still very limited. The council originally only met three times per year and so was subservient to the King’s council, Curiae Regis, who, unlike the Great Council, followed the king wherever he went.

Still, in some senses the council was an early form of parliament. It had the power to meet outside the authority of the King and was not appointed by him. While executive government descends from the Curiae Regis, parliament descends from the Great Council, which was later called the parliamentum. However, the Great Council was very different from modern parliament. There were no knights, let alone commons, and it was composed of the most powerful men, rather than elected citizens.

Magna Carta had little effect on subsequent development of parliament until the Tudor period. Knights and county representatives attended the Great Council (Simon de Montfort’s Parliament), and the council became far more representative under the model parliament of Edward I which included two knights from each county, two burgesses from each borough and two citizens from each city. The Commons separated from the Lords in 1341. The right of the Commons to exclusively sanction taxes (based on a withdrawn provision of Magna Carta) was re-asserted in 1407, although it was not in force in this period. The power vested in the Great Council by, albeit withdrawn, Clause 14 of Magna Carta became vested in the House of Commons but Magna Carta was all but forgotten for about a century, until the Tudors.

[edit] Tudor dynasty (1485 - 1603)

Magna Carta was the first entry on the statute books, but after 1472, it was not mentioned for a period of nearly 100 years. There was much ignorance about the document. The few who did know about the document spoke of a good king being forced by an unstable pope and rebellious barons “to attaine the shadow of seeming liberties” and that it was a product of a wrongful rebellion against the one true authority, the king. The original Magna Carta was seen as an ancient document with shadowy origins and as having no bearing on the Tudor world. Shakespeare’s King John makes no mention of the Charter at all but focuses on the murder of Arthur. The Charter in the statute books was thought to have arisen from the reign of Henry III.[citation needed]

[edit] First uses of the charter as a bill of rights

This statute was used widely in the reign of Henry VIII (1509 - 1547) but was seen as no more special than any other statute and could be amended and removed. But later in the reign, the Lord Treasurer stated in the Star Chamber that many had lost their lives in the Baronial wars fighting for the liberties which were guaranteed by the Charter, and therefore it should not so easily be overlooked as a simple and regular statute.

The church often attempted to invoke the first clause of the Charter to protect itself from the attacks by Henry, but this claim was given no credence. Francis Bacon was the first to try to use Clause 39 to guarantee due process in a trial.

Although there was a re-awakening of the use of Magna Carta in common law, it was not seen (as it was later) as an entrenched set of liberties guaranteed for the people against the Crown and Government. Rather, it was a normal statute, which gave a certain level of liberties, most of which could not be relied on, least of all against the king. Therefore, the Charter had little effect on the governance of the early Tudor period. Although lay parliament evolved from the Charter, by this stage the powers of parliament had managed to exceed those humble beginnings. The Charter had no real effect until the Elizabethan age. (1558 - 1603)

[edit] Reinterpretation of the charter

In the Elizabethan age, England was becoming a powerful force in Europe. In academia, earnest but futile attempts were made to prove that Parliament had Roman origins. The events at Runnymede in 1215 were "re-discovered", allowing a possibility to show the antiquity of Parliament, and Magna Carta became synonymous with the idea of an ancient house with origins in Roman government.

The Charter was interpreted as an attempt to return to a pre-Norman state of things. The Tudors saw the Charter as proof that their state of governance had existed since time immemorial and the Normans had been a brief break from this liberty and democracy. This claim is disputed in certain circles but explains how Magna Carta came to be regarded as such an important document.

Magna Carta again occupied legal minds, and it again began to shape how that government was run. Soon the Charter was seen as an immutable entity. In the trial of Arthur Hall for questioning the antiquity of the House, one of his alleged crimes was an attack on Magna Carta.

[edit] Edward Coke’s opinionsJudicial 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.

[edit] Anti-corruption and fair trade

Clauses 28 to 32 state that no royal officer may take any commodity such as grain, 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. In the United States, the Supreme Court of California interpreted clause 45 in 1974 as establishing a requirement at common law that a defendant faced with the potential of incarceration is entitled to a trial overseen by a law-trained judge.[6]

Clause 46 provides for the guardianship of monasteries.

[edit] Temporary provisions

Some provisions were for immediate effect and were not in any later charter. Clauses 47 and 48 abolish most of Forest Law (these were later taken out of Magna Carta and formed into a separate charter, the Charter of the Forests).[7] Clauses 66, 33 to 99 and 55 to 541 provide for the return of hostages, land and fines taken in John’s reign.

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

[edit] Great Council

The first long-term constitutional effect arose from Clauses 14 and 61, which permitted a council composed of the most powerful men in the country to exist for the benefit of the state rather than in allegiance to the monarch. Members of the council were also allowed to renounce their oath of allegiance to the King in pressing circumstances and to pledge allegiance to the council and not to the King in certain instances. The common council was responsible for taxation, and although it was not representative, its members were bound by decisions made in their absence. The common council, later called the Great Council, was England's proto-parliament.

The Great Council only existed to give input on the opinion of the kingdom as a whole, and it only had power to control scutage until 1258 when Henry III got into debt fighting in Sicily for the pope. The barons agreed to a tax in exchange for reform, leading to the Provisions of Oxford. But Henry got a papal bull allowing him to set aside the provisions and in 1262 told royal officers to ignore the provisions and only to obey Magna Carta. The barons revolted and seized the Tower of London, the Cinque ports and Gloucester. Initially the King surrendered, but when Louis IX of France arbitrated in favour of Henry, Henry crushed the rebellion. Later he ceded somewhat, passing the Statute of Marlborough in 1267, which allowed writs for breaches of Magna Carta to be free of charge, enabling anyone to have standing to apply the Charter.

This secured the position of the Great Council forever, but its powers were still very limited. The council originally only met three times per year and so was subservient to the King’s council, Curiae Regis, who, unlike the Great Council, followed the king wherever he went.

Still, in some senses the council was an early form of parliament. It had the power to meet outside the authority of the King and was not appointed by him. While executive government descends from the Curiae Regis, parliament descends from the Great Council, which was later called the parliamentum. However, the Great Council was very different from modern parliament. There were no knights, let alone commons, and it was composed of the most powerful men, rather than elected citizens.

Magna Carta had little effect on subsequent development of parliament until the Tudor period. Knights and county representatives attended the Great Council (Simon de Montfort’s Parliament), and the council became far more representative under the model parliament of Edward I which included two knights from each county, two burgesses from each borough and two citizens from each city. The Commons separated from the Lords in 1341. The right of the Commons to exclusively sanction taxes (based on a withdrawn provision of Magna Carta) was re-asserted in 1407, although it was not in force in this period. The power vested in the Great Council by, albeit withdrawn, Clause 14 of Magna Carta became vested in the House of Commons but Magna Carta was all but forgotten for about a century, until the Tudors.

[edit] Tudor dynasty (1485 - 1603)

Magna Carta was the first entry on the statute books, but after 1472, it was not mentioned for a period of nearly 100 years. There was much ignorance about the document. The few who did know about the document spoke of a good king being forced by an unstable pope and rebellious barons “to attaine the shadow of seeming liberties” and that it was a product of a wrongful rebellion against the one true authority, the king. The original Magna Carta was seen as an ancient document with shadowy origins and as having no bearing on the Tudor world. Shakespeare’s King John makes no mention of the Charter at all but focuses on the murder of Arthur. The Charter in the statute books was thought to have arisen from the reign of Henry III.[citation needed]

[edit] First uses of the charter as a bill of rights

This statute was used widely in the reign of Henry VIII (1509 - 1547) but was seen as no more special than any other statute and could be amended and removed. But later in the reign, the Lord Treasurer stated in the Star Chamber that many had lost their lives in the Baronial wars fighting for the liberties which were guaranteed by the Charter, and therefore it should not so easily be overlooked as a simple and regular statute.

The church often attempted to invoke the first clause of the Charter to protect itself from the attacks by Henry, but this claim was given no credence. Francis Bacon was the first to try to use Clause 39 to guarantee due process in a trial.

Although there was a re-awakening of the use of Magna Carta in common law, it was not seen (as it was later) as an entrenched set of liberties guaranteed for the people against the Crown and Government. Rather, it was a normal statute, which gave a certain level of liberties, most of which could not be relied on, least of all against the king. Therefore, the Charter had little effect on the governance of the early Tudor period. Although lay parliament evolved from the Charter, by this stage the powers of parliament had managed to exceed those humble beginnings. The Charter had no real effect until the Elizabethan age. (1558 - 1603)

[edit] Reinterpretation of the charter

In the Elizabethan age, England was becoming a powerful force in Europe. In academia, earnest but futile attempts were made to prove that Parliament had Roman origins. The events at Runnymede in 1215 were "re-discovered", allowing a possibility to show the antiquity of Parliament, and Magna Carta became synonymous with the idea of an ancient house with origins in Roman government.

The Charter was interpreted as an attempt to return to a pre-Norman state of things. The Tudors saw the Charter as proof that their state of governance had existed since time immemorial and the Normans had been a brief break from this liberty and democracy. This claim is disputed in certain circles but explains how Magna Carta came to be regarded as such an important document.

Magna Carta again occupied legal minds, and it again began to shape how that government was run. Soon the Charter was seen as an immutable entity. In the trial of Arthur Hall for questioning the antiquity of the House, one of his alleged crimes was an attack on Magna Carta.

[edit] Edward Coke’s opinionsJudicial 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.

[edit] Anti-corruption and fair trade

Clauses 28 to 32 state that no royal officer may take any commodity such as grain, 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. In the United States, the Supreme Court of California interpreted clause 45 in 1974 as establishing a requirement at common law that a defendant faced with the potential of incarceration is entitled to a trial overseen by a law-trained judge.[6]

Clause 46 provides for the guardianship of monasteries.

[edit] Temporary provisions

Some provisions were for immediate effect and were not in any later charter. Clauses 47 and 48 abolish most of Forest Law (these were later taken out of Magna Carta and formed into a separate charter, the Charter of the Forests).[7] Clauses 66, 33 to 99 and 55 to 541 provide for the return of hostages, land and fines taken in John’s reign.

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

[edit] Great Council

The first long-term constitutional effect arose from Clauses 14 and 61, which permitted a council composed of the most powerful men in the country to exist for the benefit of the state rather than in allegiance to the monarch. Members of the council were also allowed to renounce their oath of allegiance to the King in pressing circumstances and to pledge allegiance to the council and not to the King in certain instances. The common council was responsible for taxation, and although it was not representative, its members were bound by decisions made in their absence. The common council, later called the Great Council, was England's proto-parliament.

The Great Council only existed to give input on the opinion of the kingdom as a whole, and it only had power to control scutage until 1258 when Henry III got into debt fighting in Sicily for the pope. The barons agreed to a tax in exchange for reform, leading to the Provisions of Oxford. But Henry got a papal bull allowing him to set aside the provisions and in 1262 told royal officers to ignore the provisions and only to obey Magna Carta. The barons revolted and seized the Tower of London, the Cinque ports and Gloucester. Initially the King surrendered, but when Louis IX of France arbitrated in favour of Henry, Henry crushed the rebellion. Later he ceded somewhat, passing the Statute of Marlborough in 1267, which allowed writs for breaches of Magna Carta to be free of charge, enabling anyone to have standing to apply the Charter.

This secured the position of the Great Council forever, but its powers were still very limited. The council originally only met three times per year and so was subservient to the King’s council, Curiae Regis, who, unlike the Great Council, followed the king wherever he went.

Still, in some senses the council was an early form of parliament. It had the power to meet outside the authority of the King and was not appointed by him. While executive government descends from the Curiae Regis, parliament descends from the Great Council, which was later called the parliamentum. However, the Great Council was very different from modern parliament. There were no knights, let alone commons, and it was composed of the most powerful men, rather than elected citizens.

Magna Carta had little effect on subsequent development of parliament until the Tudor period. Knights and county representatives attended the Great Council (Simon de Montfort’s Parliament), and the council became far more representative under the model parliament of Edward I which included two knights from each county, two burgesses from each borough and two citizens from each city. The Commons separated from the Lords in 1341. The right of the Commons to exclusively sanction taxes (based on a withdrawn provision of Magna Carta) was re-asserted in 1407, although it was not in force in this period. The power vested in the Great Council by, albeit withdrawn, Clause 14 of Magna Carta became vested in the House of Commons but Magna Carta was all but forgotten for about a century, until the Tudors.

[edit] Tudor dynasty (1485 - 1603)

Magna Carta was the first entry on the statute books, but after 1472, it was not mentioned for a period of nearly 100 years. There was much ignorance about the document. The few who did know about the document spoke of a good king being forced by an unstable pope and rebellious barons “to attaine the shadow of seeming liberties” and that it was a product of a wrongful rebellion against the one true authority, the king. The original Magna Carta was seen as an ancient document with shadowy origins and as having no bearing on the Tudor world. Shakespeare’s King John makes no mention of the Charter at all but focuses on the murder of Arthur. The Charter in the statute books was thought to have arisen from the reign of Henry III.[citation needed]

[edit] First uses of the charter as a bill of rights

This statute was used widely in the reign of Henry VIII (1509 - 1547) but was seen as no more special than any other statute and could be amended and removed. But later in the reign, the Lord Treasurer stated in the Star Chamber that many had lost their lives in the Baronial wars fighting for the liberties which were guaranteed by the Charter, and therefore it should not so easily be overlooked as a simple and regular statute.

The church often attempted to invoke the first clause of the Charter to protect itself from the attacks by Henry, but this claim was given no credence. Francis Bacon was the first to try to use Clause 39 to guarantee due process in a trial.

Although there was a re-awakening of the use of Magna Carta in common law, it was not seen (as it was later) as an entrenched set of liberties guaranteed for the people against the Crown and Government. Rather, it was a normal statute, which gave a certain level of liberties, most of which could not be relied on, least of all against the king. Therefore, the Charter had little effect on the governance of the early Tudor period. Although lay parliament evolved from the Charter, by this stage the powers of parliament had managed to exceed those humble beginnings. The Charter had no real effect until the Elizabethan age. (1558 - 1603)

[edit] Reinterpretation of the charter

In the Elizabethan age, England was becoming a powerful force in Europe. In academia, earnest but futile attempts were made to prove that Parliament had Roman origins. The events at Runnymede in 1215 were "re-discovered", allowing a possibility to show the antiquity of Parliament, and Magna Carta became synonymous with the idea of an ancient house with origins in Roman government.

The Charter was interpreted as an attempt to return to a pre-Norman state of things. The Tudors saw the Charter as proof that their state of governance had existed since time immemorial and the Normans had been a brief break from this liberty and democracy. This claim is disputed in certain circles but explains how Magna Carta came to be regarded as such an important document.

Magna Carta again occupied legal minds, and it again began to shape how that government was run. Soon the Charter was seen as an immutable entity. In the trial of Arthur Hall for questioning the antiquity of the House, one of his alleged crimes was an attack on Magna Carta.

[edit] Edward Coke’s opinionsJudicial 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.

[edit] Anti-corruption and fair trade

Clauses 28 to 32 state that no royal officer may take any commodity such as grain, 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. In the United States, the Supreme Court of California interpreted clause 45 in 1974 as establishing a requirement at common law that a defendant faced with the potential of incarceration is entitled to a trial overseen by a law-trained judge.[6]

Clause 46 provides for the guardianship of monasteries.

[edit] Temporary provisions

Some provisions were for immediate effect and were not in any later charter. Clauses 47 and 48 abolish most of Forest Law (these were later taken out of Magna Carta and formed into a separate charter, the Charter of the Forests).[7] Clauses 66, 33 to 99 and 55 to 541 provide for the return of hostages, land and fines taken in John’s reign.

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

[edit] Great Council

The first long-term constitutional effect arose from Clauses 14 and 61, which permitted a council composed of the most powerful men in the country to exist for the benefit of the state rather than in allegiance to the monarch. Members of the council were also allowed to renounce their oath of allegiance to the King in pressing circumstances and to pledge allegiance to the council and not to the King in certain instances. The common council was responsible for taxation, and although it was not representative, its members were bound by decisions made in their absence. The common council, later called the Great Council, was England's proto-parliament.

The Great Council only existed to give input on the opinion of the kingdom as a whole, and it only had power to control scutage until 1258 when Henry III got into debt fighting in Sicily for the pope. The barons agreed to a tax in exchange for reform, leading to the Provisions of Oxford. But Henry got a papal bull allowing him to set aside the provisions and in 1262 told royal officers to ignore the provisions and only to obey Magna Carta. The barons revolted and seized the Tower of London, the Cinque ports and Gloucester. Initially the King surrendered, but when Louis IX of France arbitrated in favour of Henry, Henry crushed the rebellion. Later he ceded somewhat, passing the Statute of Marlborough in 1267, which allowed writs for breaches of Magna Carta to be free of charge, enabling anyone to have standing to apply the Charter.

This secured the position of the Great Council forever, but its powers were still very limited. The council originally only met three times per year and so was subservient to the King’s council, Curiae Regis, who, unlike the Great Council, followed the king wherever he went.

Still, in some senses the council was an early form of parliament. It had the power to meet outside the authority of the King and was not appointed by him. While executive government descends from the Curiae Regis, parliament descends from the Great Council, which was later called the parliamentum. However, the Great Council was very different from modern parliament. There were no knights, let alone commons, and it was composed of the most powerful men, rather than elected citizens.

Magna Carta had little effect on subsequent development of parliament until the Tudor period. Knights and county representatives attended the Great Council (Simon de Montfort’s Parliament), and the council became far more representative under the model parliament of Edward I which included two knights from each county, two burgesses from each borough and two citizens from each city. The Commons separated from the Lords in 1341. The right of the Commons to exclusively sanction taxes (based on a withdrawn provision of Magna Carta) was re-asserted in 1407, although it was not in force in this period. The power vested in the Great Council by, albeit withdrawn, Clause 14 of Magna Carta became vested in the House of Commons but Magna Carta was all but forgotten for about a century, until the Tudors.

[edit] Tudor dynasty (1485 - 1603)

Magna Carta was the first entry on the statute books, but after 1472, it was not mentioned for a period of nearly 100 years. There was much ignorance about the document. The few who did know about the document spoke of a good king being forced by an unstable pope and rebellious barons “to attaine the shadow of seeming liberties” and that it was a product of a wrongful rebellion against the one true authority, the king. The original Magna Carta was seen as an ancient document with shadowy origins and as having no bearing on the Tudor world. Shakespeare’s King John makes no mention of the Charter at all but focuses on the murder of Arthur. The Charter in the statute books was thought to have arisen from the reign of Henry III.[citation needed]

[edit] First uses of the charter as a bill of rights

This statute was used widely in the reign of Henry VIII (1509 - 1547) but was seen as no more special than any other statute and could be amended and removed. But later in the reign, the Lord Treasurer stated in the Star Chamber that many had lost their lives in the Baronial wars fighting for the liberties which were guaranteed by the Charter, and therefore it should not so easily be overlooked as a simple and regular statute.

The church often attempted to invoke the first clause of the Charter to protect itself from the attacks by Henry, but this claim was given no credence. Francis Bacon was the first to try to use Clause 39 to guarantee due process in a trial.

Although there was a re-awakening of the use of Magna Carta in common law, it was not seen (as it was later) as an entrenched set of liberties guaranteed for the people against the Crown and Government. Rather, it was a normal statute, which gave a certain level of liberties, most of which could not be relied on, least of all against the king. Therefore, the Charter had little effect on the governance of the early Tudor period. Although lay parliament evolved from the Charter, by this stage the powers of parliament had managed to exceed those humble beginnings. The Charter had no real effect until the Elizabethan age. (1558 - 1603)

[edit] Reinterpretation of the charter

In the Elizabethan age, England was becoming a powerful force in Europe. In academia, earnest but futile attempts were made to prove that Parliament had Roman origins. The events at Runnymede in 1215 were "re-discovered", allowing a possibility to show the antiquity of Parliament, and Magna Carta became synonymous with the idea of an ancient house with origins in Roman government.

The Charter was interpreted as an attempt to return to a pre-Norman state of things. The Tudors saw the Charter as proof that their state of governance had existed since time immemorial and the Normans had been a brief break from this liberty and democracy. This claim is disputed in certain circles but explains how Magna Carta came to be regarded as such an important document.

Magna Carta again occupied legal minds, and it again began to shape how that government was run. Soon the Charter was seen as an immutable entity. In the trial of Arthur Hall for questioning the antiquity of the House, one of his alleged crimes was an attack on Magna Carta.

[edit] Edward Coke’s opinionskjhgjh
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.

[edit] Anti-corruption and fair trade

Clauses 28 to 32 state that no royal officer may take any commodity such as grain, 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. In the United States, the Supreme Court of California interpreted clause 45 in 1974 as establishing a requirement at common law that a defendant faced with the potential of incarceration is entitled to a trial overseen by a law-trained judge.[6]

Clause 46 provides for the guardianship of monasteries.

[edit] Temporary provisions

Some provisions were for immediate effect and were not in any later charter. Clauses 47 and 48 abolish most of Forest Law (these were later taken out of Magna Carta and formed into a separate charter, the Charter of the Forests).[7] Clauses 66, 33 to 99 and 55 to 541 provide for the return of hostages, land and fines taken in John’s reign.

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

[edit] Great Council

The first long-term constitutional effect arose from Clauses 14 and 61, which permitted a council composed of the most powerful men in the country to exist for the benefit of the state rather than in allegiance to the monarch. Members of the council were also allowed to renounce their oath of allegiance to the King in pressing circumstances and to pledge allegiance to the council and not to the King in certain instances. The common council was responsible for taxation, and although it was not representative, its members were bound by decisions made in their absence. The common council, later called the Great Council, was England's proto-parliament.

The Great Council only existed to give input on the opinion of the kingdom as a whole, and it only had power to control scutage until 1258 when Henry III got into debt fighting in Sicily for the pope. The barons agreed to a tax in exchange for reform, leading to the Provisions of Oxford. But Henry got a papal bull allowing him to set aside the provisions and in 1262 told royal officers to ignore the provisions and only to obey Magna Carta. The barons revolted and seized the Tower of London, the Cinque ports and Gloucester. Initially the King surrendered, but when Louis IX of France arbitrated in favour of Henry, Henry crushed the rebellion. Later he ceded somewhat, passing the Statute of Marlborough in 1267, which allowed writs for breaches of Magna Carta to be free of charge, enabling anyone to have standing to apply the Charter.

This secured the position of the Great Council forever, but its powers were still very limited. The council originally only met three times per year and so was subservient to the King’s council, Curiae Regis, who, unlike the Great Council, followed the king wherever he went.

Still, in some senses the council was an early form of parliament. It had the power to meet outside the authority of the King and was not appointed by him. While executive government descends from the Curiae Regis, parliament descends from the Great Council, which was later called the parliamentum. However, the Great Council was very different from modern parliament. There were no knights, let alone commons, and it was composed of the most powerful men, rather than elected citizens.

Magna Carta had little effect on subsequent development of parliament until the Tudor period. Knights and county representatives attended the Great Council (Simon de Montfort’s Parliament), and the council became far more representative under the model parliament of Edward I which included two knights from each county, two burgesses from each borough and two citizens from each city. The Commons separated from the Lords in 1341. The right of the Commons to exclusively sanction taxes (based on a withdrawn provision of Magna Carta) was re-asserted in 1407, although it was not in force in this period. The power vested in the Great Council by, albeit withdrawn, Clause 14 of Magna Carta became vested in the House of Commons but Magna Carta was all but forgotten for about a century, until the Tudors.

[edit] Tudor dynasty (1485 - 1603)

Magna Carta was the first entry on the statute books, but after 1472, it was not mentioned for a period of nearly 100 years. There was much ignorance about the document. The few who did know about the document spoke of a good king being forced by an unstable pope and rebellious barons “to attaine the shadow of seeming liberties” and that it was a product of a wrongful rebellion against the one true authority, the king. The original Magna Carta was seen as an ancient document with shadowy origins and as having no bearing on the Tudor world. Shakespeare’s King John makes no mention of the Charter at all but focuses on the murder of Arthur. The Charter in the statute books was thought to have arisen from the reign of Henry III.[citation needed]

[edit] First uses of the charter as a bill of rights

This statute was used widely in the reign of Henry VIII (1509 - 1547) but was seen as no more special than any other statute and could be amended and removed. But later in the reign, the Lord Treasurer stated in the Star Chamber that many had lost their lives in the Baronial wars fighting for the liberties which were guaranteed by the Charter, and therefore it should not so easily be overlooked as a simple and regular statute.

The church often attempted to invoke the first clause of the Charter to protect itself from the attacks by Henry, but this claim was given no credence. Francis Bacon was the first to try to use Clause 39 to guarantee due process in a trial.

Although there was a re-awakening of the use of Magna Carta in common law, it was not seen (as it was later) as an entrenched set of liberties guaranteed for the people against the Crown and Government. Rather, it was a normal statute, which gave a certain level of liberties, most of which could not be relied on, least of all against the king. Therefore, the Charter had little effect on the governance of the early Tudor period. Although lay parliament evolved from the Charter, by this stage the powers of parliament had managed to exceed those humble beginnings. The Charter had no real effect until the Elizabethan age. (1558 - 1603)

[edit] Reinterpretation of the charter

In the Elizabethan age, England was becoming a powerful force in Europe. In academia, earnest but futile attempts were made to prove that Parliament had Roman origins. The events at Runnymede in 1215 were "re-discovered", allowing a possibility to show the antiquity of Parliament, and Magna Carta became synonymous with the idea of an ancient house with origins in Roman government.

The Charter was interpreted as an attempt to return to a pre-Norman state of things. The Tudors saw the Charter as proof that their state of governance had existed since time immemorial and the Normans had been a brief break from this liberty and democracy. This claim is disputed in certain circles but explains how Magna Carta came to be regarded as such an important document.

Magna Carta again occupied legal minds, and it again began to shape how that government was run. Soon the Charter was seen as an immutable entity. In the trial of Arthur Hall for questioning the antiquity of the House, one of his alleged crimes was an attack on Magna Carta.

[edit] Edward Coke’s opinions
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