(39). Nullus liber homo decetero capiatur vel imprisonetur
aut disseisiatur de aliquo libero tenemento suo vel libertatibus vel liberis
consuetudinibus suis, aut utlagetur, aut exuletur aut aliquo alio modo
destruatur, nec super eum ibimus, nec super eum mittemus, nisi per legale
judicium parium suorum, vel per legem terre.
(39) No free man shall be seized or imprisoned, or stripped
of his rights or possessions, or outlawed or exiled, or deprived of his
standing in any way, nor will we proceed with force against him, or send others
to do so, except by the lawful judgment of his equals or by the law of the
land.
(40). Nulli vendemus, nulli negabimus aut differemus rectum
vel justiciam.
(40) To no one will we sell, to no one deny or delay right or
justice.
(61) CUM autem pro Deo, et ad emendacionem regni nostri, et
ad melius sopiendam discordiam inter nos et barones nostros ortam, hec omnia
predicta concesserimus, volentes ea integra et firma stabilitate in perpetuum [
2] gaudere, facimus et concedimus eis securitatem subscriptam; videlicet quod
barones eligant viginti quinque barones de regno quos voluerint, qui debeant
pro totis viribus suis observare, tenere, et facere observari, pacem et
libertates 18quas eis concessimus, et hac presenti carta nostra confirmavimus,
ita scilicet quod, si nos, vel justiciarius noster, vel ballivi nostri, vel
aliquis de ministris nostris, in aliquo erga aliquem deliquerimus, vel aliquem
articulorum pacis aut securitatis transgressi fuerimus, et delictum ostensum
fuerit quatuor baronibus de predictis viginti quinque baronibus, illi quatuor
barones accedant ad nos vel ad justiciarum nostrum, si fuerimus extra regnum,
proponentes nobis excessum, petent ut excessum illum sine dilacione faciamus
emendari.
(61) SINCE WE HAVE GRANTED ALL THESE THINGS for God, for the
better ordering of our kingdom, and to allay the discord that has arisen
between us and our barons, and since we desire that they shall be enjoyed in
their entirety, with lasting strength, for ever, we give and grant to the
barons the following security:
The barons shall elect twenty-five of their
number to keep, and cause to be observed with all their might, the peace and
liberties granted and confirmed to them by this charter.
The Development of Liberal Democracy Before the English Civil
War
Liberal democracy rests on the principle that government is
created by, derives its power from, and exists to serve the people. In practice, today liberal democracy means a
system of government characterized by limitations placed on the powers of
national government by a set of written laws, legal protections based on the
idea that man has rights, the extension
of rights to minority groups, the ability of the voter to select government
officials by secret ballot, a lawmaking body (legislature) that conducts free
and open debate on issues and passes laws by majority vote, and the ability of
voters to support more than one political party.
During the Later Middle Ages, England established the
foundations upon which its people would build liberal democracy.
King Henry II who ruled from 1154 to 1189 replaced feudal
justice with royal courts, grand jury investigations, and, in some cases, jury
trials. Although Henry II’s purpose was
to strengthen the power of the British crown, not to further the development of
liberal democracy, his reforms developed into our modern system of trial by
jury.
King John, who demanded increased funds from the feudal
nobles, was accused by them of being a despot and violating their rights. At Runnymeade, outside of London, John was
forced by the nobles to sign the Great Charter, or Magna Carta. This document limited the power of the
king. Two features of the Magna Carta
which did this were the requirement that the king may not imprison any free person
except by the judgment of that person’s peers (equals)and in accordance with
the laws, and that taxes could not be levied without the consent of the Great
Council (a group of people that consisted of nobles).
Originally, Magna Carta protected nobility against tyranny
imposed by the king. In time, the
charter’s protections were granted to all English people. The Magna Carta came to mean that the monarch
is not an absolute ruler and not above the law, all persons are guaranteed a
trial by jury, and the Great Council, which later became Parliament, alone may
levy taxes. Magna Carta is therefore considered
the cornerstone of English liberal democracy.
In 1295, King Edward I expanded the Great Council’s
membership to include middle-class representatives. His purpose was to place taxes upon and still
ensure loyalty of the wealthy middle class, not to further the development of
liberal democracy. Because the enlarged
Great Council served as a model for England’s future legislature (Parliament),
it was called Model Parliament. By
allowing non-nobles to have membership in the Great Council, King Edward
created conditions that resulted in Parliament dividing into two houses, the
House of Lords and the House of Commons.
By the late 13th century, English judges had established the
practice of basing their decisions on similar cases decided previously
(precedents). These legal precedents created a group of laws called “common
law”. The common law applied to all people equally. To protect the individual against the
possibility of governmental tyranny, the common law held that life, liberty,
and property could not be taken by illegal action. In order for life, liberty, and property to
be taken, government had to determine that the individual had committed a
crime. By this time, English law had
developed the idea that crime was an act which violated the right of free men
to life, liberty, and property. English
common law greatly influenced the American legal system.
In the 14th century, Parliament forced the English monarchs
to accept its legislation by threatening to withhold new laws that increased
taxes. The use of this practice was not
limited to laws that dealt with taxes.
From that point forward, all laws required the consent of Parliament and
the approval of the monarch.
Use the information on page one (the other side) to answer
the questions below.
1) On what principle does the concept of liberal democracy
rest?
2) List all the characteristics of liberal democracy:
3) What two features of the Magna Carta limited the power of
the king?
4) What the three main
rights of free men are protected by English Common Law?
