As the John Locke Foundation prepares to mark the 800th anniversary of Magna Carta with a June 25 commemoration, you might appreciate some thoughts about “the great charter” from the Independent Institute’s William Watkins. He shares them with Daily Caller readers.
In 1215, the great barons rebelled against the king. Unlike previous rebellions where the rebels rallied around an alternative royal dynasty, the barons focused on a broad program of government reform. After they captured London, John realized that he would have to acquiesce to the terms they demanded. The result was Magna Carta.
The Great Charter contained 63 provisions that dealt with diverse matters such as inheritance, taxation, and the administration of justice. For example, the 12th clause prohibits the levying of certain taxes “without the common counsel of the kingdom.” Clause 20 prohibited excessive fines and punishment and Clause 40 forbade royal officials from selling justice.
The 39th clause forms the basis of the Due Process Clause found in the Fifth Amendment to the United States Constitution: “No freeman shall be taken or imprisoned or disseised or exiled or in any way destroyed … except by the lawful judgment of his peers or the law of the land.”
The Great Charter recognized that power can only be checked by power. It created a committee of 25 barons who were to monitor the actions of the king and his officials. If the crown took action contrary to the guarantees of Magna Carta, four barons could petition for relief. If the grievance was not addressed, then the committee of 25 “together with the commune of the whole land, shall distrain and distress us in all possible ways, as by seizing our castle, lands, possessions, and any other way open to them.”
As a peace treaty, Magna Carta was a failure. John never intended to abide by the terms of the documents and within weeks of his accepting it, hostilities began anew. But as a charter of liberties — a beacon to which the oppressed could turn — Magna Carta endured.
