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The Magna Carta
At the heart of the English system are two principles of government –
limited government and representative government. The idea that
government was not all-powerful first appeared in the Magna Carta, or
Great Charter, that King John** signed in 1215 under the threat of civil
war.
Earlier kings of England had issued charters, making promises to their
barons. But these were granted by, not exacted from the king and were very
generally phrased. Later the tension between the Kings and the nobility
increased. Since 1199 John’s barons had to be promised their rights. It is,
therefore, not surprising that Stephen Langton, archbishop of Canterbury, 35
directed baronial unrest into a demand for a solemn grant of liberties by the
king. The document known as the Articles of the Barons was at last agreed
upon and became the text from which the final version of the charter was
drafted and sealed by John on June 15, 1215.
The Magna Carta established the principle of limited government, in
which the power of the monarch, or government, was limited, not absolute.
This document provided for protection against unjust punishment and the
loss of life, liberty, and property except according to law. It stipulated that
no citizen could be punished or kept in prison without a fair trial. Under the
Magna Carta, the king agreed that certain taxes could not be levied without
popular consent.
Although the Magna Carta was originally intended to protect
aristocracy and not the ordinary citizens, it came in time to be regarded as a
cornerstone of British liberties. It is one of the oldest written constitutional
papers.