the story of Magna Carta
Senior counsel Section
Chair: Thomas Newcomb Hyde – Attorney at Law
“We are heirs to a tradition given voice 800 years ago
by Magna Carta, which, on the barons’ insistence,
confined executive power by the law of the land.”
— u.s. supreme Court Justice sandra day o’Connor
I
n 1215, King John of
England was in trouble.
He had imposed heavy
taxes on the English barons
to pay for his expensive wars in
France. When the barons refused
to pay, King John punished
them and arbitrarily seized their
properties. So, when the barons
revolted and captured the city
of London, King John had to
negotiate. The two sides met
at Runnymede, a meadow
along the Thames River about
halfway between Windsor Castle,
where the king’s forces were
encamped, and London, which
was controlled by the barons.
The Archbishop of Canterbury,
Stephen Langdon, drafted an
agreement, or charter, which
demanded that the king commit
in writing with his royal seal to
a list or rights and obligations.
Written on parchment in
Latin, Magna Carta has become
a symbol of liberty and freedom.
Its central tenet is that everyone,
including our leaders, must obey
the law.
In September, Second District
Court of Appeals Judge Anthony
Black recounted the story of
Magna Carta to an audience
of judges and lawyers at the
Senior Counsel luncheon. Judge
Black explained that while most
of the charter dealt with medieval
rights and customs, it also
pronounced that all free men had
a right to justice and a fair trial.
Unfortunately, “all free men” only
included the powerful barons and
churchmen. Most of King John’s
subjects were poor peasants ruled
over by their landlords.
Judge Black discussed the legacy
of Magna Carta, especially to the
English colonies that became the
United States. The principles of
limits on government announced
in the great charter are echoed in
the Declaration of Independence.
Judge Black compared the fight
of the barons in 1215 with the
plight of the American colonies
in 1776. Just as the English barons
complained of King John’s abuses,
so did the American revolutionists
condemn the injustices of King
George III.
Judge Black described how
Magna Carta influenced the
United States Constitution and the
Bill of Rights. For example, Article
III of the Constitution states that,
“The Trial of all Crimes, except in
Cases of Impeachment, shall be by
Jury.” The Fifth Amendment states
that no person shall “be deprived
of life, liberty or property without
due process of law, nor shall
private property be taken for public
use without just compensation.”
Compare these with clause 39
of Magna Carta:
No free man is to be arrested,
or imprisoned, or disseized, or
outlawed or exiled or in any
other way ruined, nor will we
go or send against him except
by the legal judgment of his
peers, or by the law of the land.
Magna Carta continues to
maintain a powerful influence on
our law. In Hamdi v. Rumsfeld,
542 U.S 507 (2004), the United
States Supreme Court, in an
opinion involving the power of
the executive to hold a U.S. citizen
indefinitely, Justice Sandra Day
O’Connor wrote, “we are heirs to
a tradition given voice 800 years
ago by Magna Carta, which, on
the barons’ insistence, confined
executive power by the law of
the land.”
The Senior Counsel Section is
grateful to Judge Black for speaking
at its luncheon and sharing his
insights into this historic document.
Author: Thomas Newcomb Hyde –
Attorney at Law
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NOV - DEC 2018
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HCBA LAWYER