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The Magna Carta
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Discovering Rights English kings often began their reign by issuing a declaration explaining that their predecessor had been unjust and tyrannical, and that the new king would uphold the rights of Englishmen from the old kings. This very often was not the case, but it established a trend, causing many Englishmen to think they had rights, which was a new term. Many of the rights had to do with the power that the king technically had, but would not use if he was a just king.
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Discovering Rights The king had certain powers, such as the power to tax inheritances and wedding dowries. Also, since all land was held by the king first, he could refuse to allow the son of a baron to inherit the land upon his father’s death. The king was the lawgiver of England, however, most of the laws were not codified, meaning they were not written down. As a result, English law is based on common law, not statute law.
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Discovering Rights A king’s primary purpose was to be at the head of the administration of justice – which was often carried out by individuals, but also needed the king as the overall administrator. In 1152, Henry II of England married Eleanor of Aquitaine, combining the rule of England with the rule of much of southern France. This was called the Angevin Empire.
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The Angevin Empire
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Discovering Rights Henry II’s son, Richard I, was one of his most trusted officials. At the age of 16, Richard helped to end a rebellion against his father by commanding his own army. Eventually, Richard earned the name Coeur de Lion, which is French for Lionheart. Richard eventually allied himself with Philip II of France, and rebelled against his own father, who was still in England. When Henry II died, Richard became king of England and Duke of Normandy on July 20th 1189.
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Discovering Rights After Jerusalem had fallen to Saladin, Richard and Philip agreed to embark on a crusade together. In order to raise money, Richard began taxing as many people as he could, including demanding payment for continuing to serve in governmental posts. After the war with Saladin, while Richard was trying to return home, he was shipwrecked and forced to return home by a dangerous overland route. Dressed as a Templar, he was taken prisoner by Leopold V, Duke of Austria, in 1192 and held for ransom.
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Discovering Rights It was against public law to imprison a Crusader, so the Pope excommunicated Leopold V, which meant he could not receive forgiveness from any priests. In 1193, Leopold handed Richard over to Henry VI, who was the Holy Roman Emperor. The Pope excommunicated Henry VI also, but Richard’s wife began raising the money for the ransom. The taxes that were necessary for the ransom were extremely high, and much of the gold and silver in the churches was confiscated for the fee.
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Discovering Rights At the same time, Richard’s brother John, and Philip, the king of France offered Henry VI a great sum of money to keep Richard prisoner until the following year. When Richard was finally released, Philip sent a message to John that said, “look to yourself, the devil is loose.” John had revolted against Richard in his absence, but Richard forgave him upon his return to England, and John pledged to support Richard afterward.
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Discovering Rights Richard immediately began trying to regain the lands he had lost in France while away. He was fairly successful, but was hit by a crossbow bolt from the walls of a castle he was besieging. This wound quickly infected, and he died a few days later. When he died, John became king. John’s claim to the throne was challenged by his and Richard’s nephew. Most of the English and Normans supported John, but the nobility of Brittany, Maine, and Anjou supported Arthur, the nephew.
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Discovering Rights Around 1200 to 1202, John lost much of his land in Normandy. This angered many of the English nobles, as it meant a loss of power for England, and it brought shame to the English crown. Furthermore, Henry II and Richard I had ruled as though they were above the law, and thought kings had a “divine majesty.” John continued this trend, but many of the nobles began to disagree. The nobles expected the king to take counsel with the chief officials of the country, but John failed to do so.
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Discovering Rights In order to prosecute his campaigns in France, John taxed and found other ways of raising money. He raised a scutage fee, which was a fee of money to avoid military service to the king. John levied a scutage payment 11 times in his 17 year rule, while the previous three kings had levied a scutage 11 times total. In 1214, John attacked Philip in France. John was hopeful at first, but had lost the trust and loyalty of many of his barons who refused to fight for him. Finally, at the battle of Bouvines, John lost to Philip.
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Discovering Rights Having lost his ancestral property, John completely lost the support of most of his barons. A large group of barons, primarily from the north of England, organized and appointed Robert Fitz Walter as their leader. At Runnymede in 1215, the barons forced John to sign an agreement that later became known as the Magna Carta. The agreement included freedom from unjust imprisonment and the rights of all free Englishmen.
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Discovering Rights The barons forced John to take counsel with a group of 25 barons who would advise the king indefinitely. John secretly sent messages to the Pope, asking for assistance. The Pope then sent several messages condemning the action of the barons. By this time, however, the rebels were organized and a war ensued. John was better prepared for a long war, and his campaigns went well at first, but Prince Louis of France was invited to lead the barons in their war.
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Discovering Rights Soon, the rebels began winning battles, and John became ill while traveling. On October , John died. John’s son was nine years old and was declared king Henry III of England, with William Marshal as his protector and advisor. Louis of France gave up his claims on the English throne, and William Marshal re-issued a slightly revised version of the Magna Carta as a basis for future English government.
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