Monday 13 July  2009

DOUG R. (England)

Robin Hood Magna Carta

Four famous words.
Who doesn’t know about Robin Hood and his gang of outlaws living in the forest?
For hundreds of years folklore stories have impressed children with their morality messages

How these nice men robbed the nasty rich to give to the oppressed deserving poor
The struggle of underdogs against an evil boss
The constant battle of wits and brains over brawn and brute force.

How good can triumph over evil, especially with public support
Peasants can outwit their wicked king and his horrible servants
The wicked outlaw becomes noble citizen, pursuing justice for others

Magna Carta
The well known document Magna Carta fascinates all walks of life, particularly lawyers.
What was it?
This written Charter was signed in 1215 and:
• Established the rights and privileges of barons, church officials and freemen
• Laid down solutions to problems of disputes between ruler and ruled
• In particular; No person is above the law is emphasised

Would you believe one man connects both?
That man was King John, one of the worst Kings of England.
He succeeded in exasperating church, general populace and barons by his behaviour over several years.
He and his brother Richard had ruined many important achievements of their father King Henry II.

Family Problems
Henry’s family was famous for internal disputes. A contemporary described them ‘a nest of vipers.’
Their mother was Queen Eleanor of Aquitaine. She did much to encourage her sons to oppose their father.
Henry was only 56 when elder son Richard collaborated with Phillip of France to rise up in arms against him.
Their combined armies defeated Henry at Chalus. He died a few days later at Chinon, probably as much from a broken heart as injuries as from a crossbow.

Henry the Achiever
He bequeathed his two sons a legacy of a prosperous organised Kingdom of England which, thanks to his efforts, now included all of Wales, most of Scotland, most of western France as far south as today’s Spanish border.
Henry had established efficient tax gathering with strict enforcement, ensuring cash in the treasury.
He had built an efficient justice system of law courts, still used today.
These were local courts with magistrates and County courts with a 12 man jury and independent circuit judges.
His central control system paid for and fed his army, replacing the serfdom and lord system.

Loser King Richard
When treacherous son Richard came to the throne he involved himself in pointless land disputes and expensive continental battles over territorial disputes.

These ended with the final ignominy of being captured.
England had to pay a ransom of 34 tons of gold.
Richard died a few days later.

New King
In 1199 his brother John was crowned King of England but only after considerable wrangling and many objections.
When England needed leadership, all were aware how John lacked many vital personal character ingredients.
His personal habits and standards of behaviour were deeply resented by his subjects, English and French.
His incompetence would lose the English lands of France, including Brittany.
He had a reputation for cowardice on the field of battle.
He would anger the Pope, leading to an excommunicated England.
No one could get baptised, married or buried in church for six years.
French local fiefdoms were powerful, resenting outsider intrusions. Controlling this large area with its variety of strong individuals and independent peoples needed a strong experienced political brain in a strong powerful man.
King John was not such a man. His faults were well known.

After Richard’s death a major disagreement arose over who should succeed to the throne.
The barons dithered over John or his nephew Arthur of Brittany. Supporting Arthur were Anjou, Maine and Touraine. Normandy and England supported John.
The support of one local family was essential; Hugh le Bron Lord of Lusignan in Poiteau.
The entire French region was full of rumours, plots, counter-plots and wild expectations.
John had finally negotiated with Phillip of France who agreed to back John in return for cash.
Provocatively in the middle of this crisis, Arthur of Brittany and le Bron besieged and held hostage in her castle at Mirabeau, Queen Eleanor, John’s mother.

John responded to her appeals for help by an uncharacteristically rapid forced march.
He surrounded and captured Arthur and le Bron, together with their many supporting knights.
None were spared the subsequent revengeful slaughter. John was accused of personally murdering Arthur, his main rival.
The resulting horrified public reaction to this unacceptable behavior persuaded John he had no future in France.
He withdrew to England in 1203.
His mother Eleanor of Aquitaine, died in 1204. The Aquitaine barons rushed to swear allegiance to Phillip who entered Poitiers in triumph.

English France was lost by England.
John planned recovery expeditions into France but nothing resulted except mounting costs. These caused ever increasing demands for taxes on his English subjects.
Most English barons were not interested in France nor John’s problems with it.
But John continued extracting cash from anywhere and everywhere, using the various sources available to him.

In one typical outrageous move John seized all church property and sold it back to the bishops.
The stimulus for this was when the Archbishop of Canterbury, Hubert Walter, died.
The Pope appointed Stephen Langton in his place.
King John objected saying the Pope had no such rights over the English church. He seized all church properties.
In retaliation England was excommunicated for the next six years.
Eventually King John’s peace terms included presenting England as a fiefdom of the Papacy and offering to do homage to the Pope.

The Last Straw
This seems to have been the proverbial ‘last straw’ for the English camel’s back.
The barons were outraged.

Ordinary people supported rebellion. Some feared Roman control of the church in England.

Others were incensed by many years of abused laws and unjust decisions. Open bribery in high places was always resented and remembered by the victims of injustice.

These different resentments combined into a considerable head of steam, which now blew.
In a popular uprising led by the barons, London was seized. The Kings’ waiting army was camped at Windsor.

Threat of War
A serious threat of war existed. The barons had surprised John by arriving at Windsor in full armour ready for battle.
A truce was called.
Runnymede, near Egham, was chosen as a point between the rebellious barons and King John’s army.
The King eventually agreed to the charter terms and signed ‘the Articles of the Barons’ on 10 June 1215.
The barons signed an ‘Oath of Fealty’ to King John on 15 June 1215, thus formally re-asserting their loyalty.
A formal Grant produced by the Royal Chancery became known as ‘Magna Carta.’
Copies were made and distributed to important people throughout England.

Folklore showed good ‘Robin Hood and his merrie men’ living off their wits in the forest, with support from the local population. The bad men, the King and his officials, chased after them, always being outwitted.
This reflected the general opinion of King John.
Unjust laws and abuse by rulers made new heroes. Those putting themselves outside the law became good guys.
The contrast with the days of Henry II could not be more obvious. Things had gone too far.
By signing Magna Carta King John bought himself time. He presumably had no intention of keeping to the terms.
It has also made famous a pleasant section of the river Thames near Windsor known as Runnymede.

Why does it matter today?
Modern English liberties have magna carta as their original founding document. In particular it restricted the powers of the King or anyone else, to those allowed by law.

He could no longer act as he wished. He had to abide by the same law as his subjects.
The document was drawn up by the barons and Archbishop Langton.

It was based on an amalgam of old English laws, some originating before 1066, ie before the Norman (French) invasion.
It is the basis of English citizen’s rights.

Why does it matter to Americans?
Modern American liberties and legal attitudes are based on the original Maryland Constitution 1776 Bill of Rights.
Article 21 states:
‘That no freeman ought to be taken or imprisoned or disseized of his freehold, liberties or privileges or outlawed or exiled or in any manner destroyed or deprived of his life, liberty or property, but by the judgment of his peers or by the law of the land.’
The original English settlers had brought English laws and attitudes with them. The influence of magna carta is obvious.

Magna Carta made constitutional government possible and enforceable.
It all started at Egham near Windsor in Surrey, because of one man’s ego and weaknesses.

 

DOUG R. (England)

Recent articles of Doug R.:

• ~That was then, this is now

• ~The Grand National

• ~St Patrick’s Day

• ~Woman’s Day - 8th March

• ~Valentine's Day

• ~Your Free NHS

• ~Why Look East?

• ~Why we are like this?

 

 

Published in Woman's Magazine Russian Woman Journal  www.russianwomanjournal.com -  13 July 2009

Culture

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