Magna Carta Study Guide

Transcription

1 Magna Carta Study Guide

2 TABLE OF CONTENTS I. LETTER FROM THE SECRETARY- GENERAL... 4 II. LETTER FROM THE UNDER- SECRETARY- GENERAL... 5 III. INTRODUCTION... 6 IV. HISTORICAL BACKGROUND OF MAGNA CARTA LIBERTATUM... 6 A. FEUDALISM AND ENGLAND IN 12TH AND 13TH CENTURY... 6 B. ARISTOCRACY AND PROPERTY... 8 C. POLITICAL BACKGROUND OF ENGLAND UNTIL Henry II of England ( ) Richard I of England ( ) John, King of England ( ) D. SITUATION OF CHURCH IN POLITICS OVER EUROPE AND KINGDOMS V. RELATIONS OF KING JOHN WITH OTHERS IN ENGLAND A. BARONS B. CHURCH VI. ASSIZE OF CLARENDON (1165) VII. TIMELINE OF THE EVENTS VIII. PROFILES OF THE MEMBERS OF MAGNA CARTA A. CHANCELLORS Henry de Loundres, Archbishop of Dublin William of Sainte- Mère- Église, Bishop of London Peter des Roches, Bishop of Winchester Jocelin of Wells, Bishop of Bath and Glastonbury Walter de Gray, Bishop of Worcester William de Cornhill, Bishop of Coventry Pandulf Masca, subdeacon and papal legate to England Brother Aymeric, Master of the Knights Templar in England William Marshal, Earl of Pembroke William Longespée, Earl of Salisbury William de Warenne, Earl of Surrey William d'aubigny, Earl of Arundel Alan of Galloway, Constable of Scotland Hubert de Burgh, Seneschal of Poitou Hugh de Neville Alan Basset Hubert Walter B. THE REBEL BARONS William d'albini, Lord of Belvoir Castle Roger Bigod, Earl of Norfolk and Suffolk Henry de Bohun, Earl of Hereford Richard de Clare, Earl of Hertford John FitzRobert, Lord of Warkworth Castle Robert FitzWalter, Lord of Dunmow Castle William de Fortibus, Earl of Albemarle William Hardell, Mayor of the City of London William de Huntingfield, Sheriff of Norfolk and Suffolk John de Lacy, Lord of Pontefract Castle William de Lanvallei, Lord of Standway Castle William Marshall Jr, heir to the earldom of Pembroke

3 13. Richard de Montfichet, Baron Richard de Percy, Baron Saer de Quincy, Earl of Winchester Robert de Ros, Lord of Hamlake Castle Robert de Vere, heir to the earldom of Oxford Eustace de Vesci, Lord of Alnwick Castle

4 I. Letter From the Secretary- General Most distinguished participants, Firstly, I would like to welcome you all to the third edition of Koç University Model United Nations Conference (KUMUN). My name is Emre İlker Karataş and I have the honor and pleasure to serve you as the Secretary- General of this edition of KUMUN. Under the umbrella of the Koç University MUN Club, KUMUN has been growing ever since its start. In its third edition, we are proud to say that KUMUN will be a one- of- a- kind boutique conference of crisis simulations. Bearing in mind the theme of Bringing Order to Chaos, we have chosen one of the most important historical periods within England. Participants will be given the chance to draft the first charter of human rights in the history. With this special simulation, it is important for the participants to innate their role and to act accordingly. It is even unnecessary for me to explain that preparation of this committee required a thorough patience and research. Therefore, I would like to thank Ms. Selen Zafer, the Under- Secretary- General responsible for Magna Carta for not rejecting my offer to be a part of this great team. Also I would like to deliver my gratitude for her ambition regarding the committee, as she has done a fair number of committees and I am glad that this is one that she liked the most. Lastly, I would like to say that even though these committees are designed to be of high quality, keep in mind that they are also designed for you to enjoy the academic content. Therefore, I would like to finish my words with saying that you should enjoy while you are bringing order to England. Should you have any questions regarding the content, you can contact the Academic Team through kumunsecretariat@ku.edu.tr Sincerely, Emre İlker Karataş Secretary- General of KUMUN

5 II. Letter From the Under- Secretary- General Honorable participants, I am Selen Zafer, and I am a third- year student at Yeditepe University, Faculty of Law. It is my utmost pleasure to serve you as the Under- Secretary- General for Magna Carta Committee. First of all, I would like to thank Mr. Emre İlker Karataş, for giving me this wonderful, unique committee and trusted me in every second of the preparations. He is one of the greatest and hardworking academic team members that Turkish MUN society has, and I am glad that I met him three years ago in a conference. He is one of the beloved friends that I have. Secondly, I would like to thank Ms. Merve Noyan for spending a sleepless night with me in the library during the preparation process of this study guide although it was not her duty, and I am thankful to her for helping me to understand the complicated medieval political system and the evil King John. In this committee, the participants will have a chance to rewrite the whole story of the human rights. Before the First Barons' War, for the first time, the King will negotiate about his rights for the sake of his crown. When King's supporter and the Barons are the main sides of the Committee, the Church's influence will be perceived. This study guide gives only the main information regarding the topic. Participants are free to guide the story. If you have any questions, please do not hesitate to connect me via szafer47@gmail.com Hope to meet you in June! Sincerely, Selen Zafer Under- Secretary- General for Magna Carta (1215) 5

6 III. Introduction Although Magna Carta was a failed peace treaty between the King and the Rebel Barons, which was signed on 15 June 1215 in Runnymede, The Great Charter was the first document, which established that even the King is subject to law. It is known as the foundation of the democracy in England. Even though it effects a small population, the implementation of it has been continuing especially in the courts. Originally 63 clauses mostly dealt with the governess of the King John and created new rules, which challenged the autocracy of the King. After the First Barons War, new version of Magna Carta was signed in 1225 during the time of Henry III. 1 Magna Carta built the next generation human rights. The core principles are echoed in United States Bill of Rights (1791) and in the Universal Declaration of Human Rights (1948) and in the European Convention on Human Rights (1950). One of the most famous clause of the Charter is the 39th which gives all free man a right to fair justice and a fair trail. Now it is the most fundamental right of human rights. 2 IV. Historical Background of Magna Carta Libertatum A. Feudalism and England in 12th and 13th Century England in this period was an aristocratic society. 200 barons at the time had the half of the income generated and the other half was sharing between the King and the Church. 200 barons and their families was a small dominant group in society whose rules the politics and the lives of lesser families by their friendships and wealth. 3 Feudalism was the cause of the slavery system in the West Roman Empire. It was based on an exchange of land for military service. However it is not based on the freedom from slavery, it means that slavery under another authority, which generates the caste system between seignior and peasant. As the social structure, there was a caste system between 1 Ratio7.com, S, "History of the Magna Carta". in Magna Carta Trust 800th Anniversary Celebrating 800 years of democracy,, 2011, < of- the- magna- carta/> [accessed 4 May 2016]. 2 ibid. 3 ibid. 6

7 the King, aristocracy and the Church, and peasant. It first appeared in France in 8 th century when the Carolingian dynasty expanded its territory. 4 Feudalism was first introduced to England by Conqueror William I after he defeated Harold at the Battle of Hastings in 11 th century. Although he was not popular with the people of England, he wanted to maintain his control over England. However, because of the travel and physical conditions it was impossible to rule by only one man. Furthermore, he was still the Duke of Normandy, which made him return to Normandy to maintain his control of the lands in France. After he built the Tower of London and Windsor Castle, he kept his soldiers inside them to be used against English people if they attack back. Therefore, he needed a system to rule the country freely. 5 Therefore, he divided up England into very large plots of land, which were given to noble men who fought for him in the battle, and the Church had 25 percent of the land. In separated lands, castles were built to control English population. These noble men had to make an oath of loyalty to William and collect the taxes and soldiers for him. Tenants- in- chief were the most powerful men in their own land, which were also called as barons, earls and dukes. Barons had the complete control of the land they leased from the King, which is also called as manor. Therefore, barons also were known as the Lord of Manor. These men are free to choose their own law and tax system. In return for the land they had been given by the King, the Barons had to serve on the royal council, pay rent and provide King with Knights for military service when he demanded it. They also had to provide lodging and food for the King and his court when they travelled around the country. 6 Over time, since these lands were big and hard to rule, they divided and gave them the loyal Norman knights with the same duty of barons, duke or earl. These sub- tenants were obliged to put English people under Normans and if they were successful, they could be abolished from the land. Even though they had to provide money or services to the King, they had to swear an oath to their barons, not to the King. 7 4 ibid. 5 ibid. 6 ibid. 7 ibid. 7

8 B. Aristocracy and Property For earls, barons and bishops land was their honor. This means a great lordship, which is the core of demesne manors, which are barons and mostly knights, yielding great quantities of food and cash. Castles were both at the center of the honor and at the military stronghold the government. Honors were not the only wealth show places; they also were like a small state, which include official steward, butler, the marshal and chamberlain like in any kingdom. 8 The justice system was based on the lord s judicial authority, which exercised through the honor court. Internal disputes and failure to do services by the tenants were the main issues in the courts. 9 As it seems, there were no rights of property for the tenants, great part of the lands was belonging to the aristocracy. Without the Lords permission, tenants were not allowed to leave their land and let land to subtenants. Tenants marriage and money were dependent on the lords decisions either. 10 On the other hand, the King limited authorities of magnates. All honors were bounded by the decisions of the loyal courts. In 12 th century, the King forces the magnates to remedy abuses and judge their tenants fairly, not to undermine the honor courts. Therefore, the way for the loyal courts opened for tenants and the private justice was weakened. Until that point, citizens rights were based on single authority, the royal court and it was the beginning of the common law system. Indeed, magnates never acted, as dictators since they were, in the same time, like tenants of the King. 11 Tenants had to take part in the military services, whenever needed. After 12 th century tenants started to pay to lords or the King to engage professional soldiers for compensating 8 Dyer, Christopher. Making A Living In The Middle Ages. New Haven: Yale University Press, Print. 9 ibid. 10 ibid. 11 ibid. 8

9 wages instead of sending soldiers to the war. In the 13 th century, the number of knights from magnates decreased and later military services started to be paid by tax revenues. 12 C. Political Background of England until Henry II of England ( ) Henry II was crowned on December 19, Titles of King Henry II are King of the English, Duke of the Normans and Aquitainians, and Count of the Angevins. He became the ruler of Normandy and Anjou in , as his hereditary right originating from his mother Mathilda, daughter of Henry I and his father Count of Anjou. He married to Eleanor of Aquitaine, discarded wife of King of France and the greatest heiress in Western Europe, bestowing Henry II to claim right on Aquitaine. In 1153 he crossed to England to claim right the throne, succeeding King Stephen. 13 During his reign, he brought reform to the judiciary system, gathered lands, revitalized the role of exchequer, and stabilized the economic growth. He took the power off the nobles hands, and reestablished the superiority of the Crown. He brought the act of the Assize of Clarendon (1166), which constitutes the most basic form of modern court system. Assizes helped him restore justice, enrich the exchequer and stabilize the country ibid. 13 "BBC - History - Henry II". in,, 2016, < [accessed 4 May 2016]. 14 ibid. 9

10 King Henry suffered from quarrels with Archbishop of Canterbury, Thomas Becket and his own sons. In 1164, Henry II tried to restore superiority of the Crown over Church, however his loyal Chancellor, Becket refused to comply and he punished priests that cooperated with Henry. Henry s words Will no one rid me of this turbulent priest? has been taken literally by his knights and they have murdered Becket. This event has nearly invalidated the act that was proposed by Henry II, royal control over the church changed little. 15 King s problems with this sons Richard, John, Henry and Geoffrey resented Henry II s policy of dividing the control of the mainland among his sons. There appeared serious family issues in 1173, 1181 and 1184, due to dispute in inheritance. Henry II attempted to find inheritance for John, which resulted with opposition shown by Richard and Philip II, the King of France. Prince John also turned against King Henry II by uprising rebellion in country. In 1173 Henry faced the Great Revolt, an uprising by his sons and barons, supported by France, Scotland and Flanders. Grievances shown by Young Henry regarding his financial problems, the decision of Henry on giving away three castles promised to Young Henry away to John, also his close ties with Becket have been a major factor for him for joining the opposition. Richard was encouraged to join the revolt by Eleanor, as her relationship with Henry was disintegrated. Young Henry wrote a complaint letter to Pope and acquired allies then, including, King William of Scotland, the Counts of Boulogne, Flanders and Blois. Revolts broke out in Brittany, Maine, Poitou, Angouleme and England. 16 King Henry feared a separate Norman power ruling the west. In 1169, an Anglo- Norman force landed in Ireland to support one of the claimants to the Irish high kingship. In response, Henry travelled to Dublin to assert his lordship over the territory they had won, and that was the first milestone taken on the English presence in Ireland. During his reign, he had dominion over territories from the Ireland to the Pyrenees. 17 Tensions between France and England continued during reign of Henry II. Louis VII has established alliance with central France, Count of Champagne and Odo II, the Duke of 15 ibid. 16 ibid. 17 ibid. 10

11 Burgundy. Louis VII was disturbed of Henry s increasing influence and power in Europe. 18 After the birth of Louis VII s son, ties between Henry and Louis deteriorated in mid 1160s. In 1164, Henry intervened to seize lands along the border of Brittany and Normandy. In 1166 he invaded Brittany to punish the local barons. 19 Henry then attempted to seize the Auvergne, and applied pressure on Raymond of Toulouse, campaigned there in 1161, sent the Archbishop of Bordeaux against Raymond in 1164, which resulted with divorce of Raymond s sister with Louis and alliance with Henry instead. Finally in 1167, the tensions between Henry and Louis has resulted into open war, ignited by a claim over how money destined for the Crusader states of the Levant should be collected. Louis sided himself with Scots, Bretons and the Welsh, and attacked Normandy. In response, Henry attacked Chaumont- sur- Epte where Louis forces were encamped, forcing Louis to quit the alliance and make a truce. 20 Henry then felt free to solve the problem of inheritance, by bestowing Young Henry England and Normandy, handing out Richard the Duchy of Aquitaine, granting Geoffrey Brittany, which required negotiations and peace talks between Henry and Louis. Henry and Louis convened in 1169 at Montmirail. The negotiations concluded with Henry s sons doing homage to Louis for future inheritances in France and Richard being engaged to Louis daughter Alice. However the agreements then did not follow up and Louis manipulated his advantage to increase tensions between Henry s sons. Meanwhile, Henry s prominence grew in the south of France, ended up in an alliance with Count of Savoy and King of Castile Richard I of England ( ) Richard I was crowned on 3 September 1189 and reined until his death, 6 April Titles of Richard I are Duke of Normandy, Duke of Aquitaine, Duke of Gascony, Lord of Cyprus, Count of Poitiers, Count of Anjou, Count of Maine, Count of Nantes and Overlord of 18 ibid. 19 Everard (2000), pp ibid. 21 Hallam and Everard, p

12 Brittany. He was known as Richard the Lionheart due to his reputation as a great military leader. Rather than focusing on internal affairs, he focused on expeditions. 22 Richard had reputation for being anti- semite. He prohibited women and Jews from investment. Richard is said to order assassination of all Jews, according to a rumor, then, the people of London attacked the Jewish population; houses of Jews were burned down, and Jews forcibly got baptized, however Richard allowed them to convert back to their native religion. Later on, Richard realized that the assault against Jews could destabilize the country on the eve of his departure on crusade, so he ordered the execution of rioters who had accidentally burned down Christian houses, and those responsible for murders and persecutions. 23 Richard and Philip II went to the Third Crusade. Richard has spent most of his father s treasury to raise and equip the crusaders; he raised taxes, freed King William I of Scotland from his oath in exchange for money. He even sold the right to hold official positions, lands and other privileges to those interested in them. 24 He said to declare I would have sold London if I could find a buyer. 25 In September 1190, Richard I and Philip Augustus arrived in Sicily, manipulating the situation of disputed succession after the death of King William II. Former King s cousin Tancred had claimed the throne, even though it was right of King s aunt that was new wife of Richard s widowed sister s former husband. When Richard arrived there he demanded her sister to be freed. The presence of Richard s troops caused unrest in Messina; people of Messina revolted and demanded them to leave. In response, Richard I attacked Messina and captured Messina on 4 October Richard established a base in Messina after looting and burning the city, though it created unrest between Richard and Philip Augustus. A treaty between Tancred, Philip and Richard has been signed. The stay of two kings in the Sicily did 22 Turner & Heiser ibid. 24 Flori 1999 (French) pp ibid. 12

13 not last long, as the tension between Philip and Richard increased, Philip started plotting with Tancred against Richard. Later on they have reached an agreement. 26 In April 1191, Richard left Messina for Acre. After a while, he learnt that his sister and his fiancée were taken hostage by Isaac Komnenos, ruler of Cyprus. On 1 May 1191, Richard arrived in the port of Limassol, Cyprus. He demanded the release of hostages, however when Isaac refused it, he deployed his troops and took Limassol. Local magnates turned against Isaac and made peace with Richard joined him on crusade. The island was conquered by 1 June. He later sold the island to the Knights Templar. Richard left Cyprus for Acre on 5 June and he landed there on 8 June There was dispute between Conrad on Montferrat and Guy de Lusignan on Acre, on the throne. Richard put his support in Guy de Lusignan in the capture of Acre. 27 Eventually Conrad of Montferrat surrendered with Saladin s forces inside Acre and raised the banners of the kings in the city. Soon, Philip left the crusade and Richard reached over the status King of Jerusalem. He executed 2,700 Muslim prisoners that were to be kept as a condition of surrender of Saladin, and then he moved to south and defeated Saladin s forces at the Battle of Arsuf on 7 September However, following the fall of Jaffa, due to bad weather conditions, Crusader army withdrew and Richard was forced to give up on his title of King of Jerusalem by Conrad Montferrat, however Conrad Montferrat was assassinated before he got crowned. Richard tried to negotiate with Saladin however it was unsuccessful. Richard refortified from Ascalon in the first half of Later on, the Crusader army made another advance on Jerusalem and in June 1192, it came within sight of the city before being forced to retreat once again, Richard and most of the Crusaders wanted to invade Egypt. Crusaders defeated Ayyubid army in battle of Jaffa, however attempt to invade the Egypt has failed and Richard knew that he had to return home since Philip and John were taking advantage of his absence and plotting against him. On 2 September 1192, Richard I and Saladin Ayyubi came to an agreement. Richard found his anchored ship in Corfu wrecked by Byzantine Emperor Isaac II Angelos as a response to his annexation of Cyprus, therefore, he took the dangerous land route back to Europe. Richard got captured on his way back to home, by Leopold V, Duke of Austria who accused Richard for the murder of his cousin Conrad of Montferrat. 26 ibid. 27 ibid. 13

14 Duke Leopold kept him at Dürnstein Castle. The detention of a crusader was contrary to public law, Duke Leopold got excommunicated by Pope Celestine III. On 28 March 1193, Richard was handed over Henry VI, Holy Roman Emperor, who was about to imprison him in Trifels Castle for ransom. In response, Henry VI got excommunicated by Pope Celestine III. On 4 February 1194, Richard was released. Philip sent a message to John, Look to yourself, the devil is loose. Richard began his reconquest of Normandy, he has built Chateau Gaillard. He was determined to defeat French King, he has formed new alliances with Baldwin IX of Flanders, Renaud, Count of Boulogne and King Sancho VI of Navarre, against Philip. Richard won several victories on his war with Philip. In 1194, Philip fled and left his archives to be captured by Richard. On 25 March 1199, Richard had been shot with a crossbow by a boy that claims that Richard killed his family. Richard died on 6 April John, King of England ( ) John is King of England that was crowned on 6 April While Richard was on Third Crusade, John attempted a rebellion against Richard s administrators. John proclaimed the title of King of England right after Richard s death in 1199, and came to an agreement with Philip II of France to recognize his possession of the continental Angevin lands on treaty of Le Goulet in In 1202, war with France broke out and John achieved early victories, however mistreatment of Norman, Breton and Anjou nobles concluded in the collapse of his empire in northern France in John spent next decade on attempts to regain these lands, raising revenues, reforming armed forces and restoring alliances. John s attempt to defeat Philip in 1214 failed because of French victory over his allies at the battle of Bouvines. When he came back to England, he faced a rebellion arisen from grievances of barons due to John s fiscal policies and mistreatment. 29 The internal affairs under the sense of government in 1200 was similar to the administrations of Henry II and Richard I, kings were being possessed as divine majesty. John took that on another level and claimed an imperial status for himself. John was inherited to the exchequer and assizes by Henry II, he kept the tradition going. He tried to foster the existing system, however his main purpose was to raise taxes rather than 28 ibid. 29 ibid. 14

15 delivering justice, and his legal system applied partially to free men rather than all of the population, which means that the justice bypassed the barons. 30 As aforementioned, John spent his administration with attempts to reclaim Normandy, meanwhile he needed large amounts of money to do so. King John has two main sources of income, one of them is revenue from taxation, other one is demesne; money rose from his lands, as it is the most fundamental right of a feudal lord. John tried to maximize all available sources of income, to the extent that he has been described as money- minded. He also used revenue generation as a way of exerting political control over barons. Overall efforts of King John to raise money concluded with innovative but unpopular financial measures especially implemented on knights, barons and other nobles. The king introduced new taxes and extended existing ones. Jews were subjected to enormous taxes. Barons who could not pay or refused to pay their taxes were subjected to land confiscation, John raised further resources through lands to be claimed by confiscation itself. Furthermore, at the very beginning of John s administration, bad harvesting caused high demands and subsequently high prices on grain and animals. Taxes used to be collected with silver, then reminted into new coins, that would then be put in barrels and sent to other castles around the country, in order to hire mercenaries or other uses. 31 To raise money for his campaign, John withdrew huge amount of silver coins from the market and stored them for months, which made commercial credits hard to acquire. The measures taken by John mentioned above have caused a political unrest in the country. John addressed the issues with improving the quality of the coin that was not adequate to solve the issue itself. 32 John s royal household was consisting of two groups. One of them was consisting of his friends and knights who accompany him and serve him during expeditions. Another section consists of senior officials and agents of the king and constitute essential role in King s daily proceeding of rule. These positions were taken by men other than normal ranks of the barons, by the time of Henry II. This trend intensified by the administration of John, lesser nobles took positions at court. These men included infamous soldiers who were subjected because of their uncivilized behavior. Barons perceived them as narrow clique enjoying 30 ibid. 31 Stenton, p ibid. 15

16 royal favor at barons expense. 33 John was in suspicion of barons, particularly of those who had the capability to change the King, similarly his father being in suspicion of Becket. Numerous barons has witnessed to John s malevolence subjected on them. He was suspicious of his loyal friends, including William Marshal. One of the most significant and unacceptable cases, proved to be that of William de Braose refusing to pay an enormous sum of 40,000 marks, John ended up murdering his wife and his son, imprisoning his grandsons until 1218 and leaving him exiled until his death, Moreover, personal life of John is more than unacceptable. It is considered as acceptable to hold mistresses for Kings, however, having children from wives of noblemen is unacceptable. It is said that the aforementioned problems regarding economy and legal division that caused the revolts, are in use to justify his personal life being a reason for barons to uprise. 35 D. Situation of Church in Politics over Europe and Kingdoms All the power within the church hierarchy was in the hands of the local bishops. The church basically saw itself as the spiritual community of Christian believers, in exile from God's kingdom, waiting in a hostile world for the day of deliverance. During the high Middle Ages, the Roman Catholic Church became organized into an elaborate hierarchy with the pope as the head in Western Europe. He establishes supreme power. 36 In Medieval times, the church had more influence on people than today. All people believed in God, Heaven and Hell. People believed that they could only go to Heaven if the Church let them. Peasants worked for free on Church land instead of working their own land for producing products for their families. Moreover, peasants paid 10% of tithes, namely taxes, to the Church, which can be either money or product. If they failed to pay, the Church made them believe that they would go to Hell. On the contrary, the Church did not have to pay taxes. Therefore, the Church was too rich and even wealthier than any King of England Turner, p ibid. 35 ibid. 36 ibid. 37 ibid. 16

17 In medieval Europe, every political authority had to support and sustain the church. With some exceptions, the church reinforced the authority of the states. During the conflicts in the states, the kings and queens asked for the papal approval. That is why the church has a political power as it could help to determine which claimants to a throne would be deemed acceptable. 38 Bishops and abbots acted as advisors to kings. 39 A compromise was reached which varied from place to place but which broadly gave both popes and rulers an involvement in a bishop s appointment, with the king confirming him in his secular possessions and the pope confirming him in his spiritual role. 40 The Holy Roman emperors were the last to reach such an agreement (at the Concordat of Worms, 1122). By this time a long period of civil war had gravely damaged their authority throughout their large realm, tilting the Holy Roman Empire along the road to being a collection of virtually independent states rather than a single cohesive realm. 41 The Gregorian Reforms of the Church brought about a marked improvement in the moral tone of the Church. The crudest forms of lay interference in the appointment of bishops disappeared, the sale of church offices more or less ceased for the time being, and the priesthood adopted celibacy as a universal practice. However, at the local level, parish priests were still often appointed by lay lords, and even in the case of bishops, the rules of election were so ambiguous that kings were able to manipulate them with ease. In any case it suited the popes to have bishops who had the ear of the kings. This put them in a good position to influence secular rulers to the Church s advantage. 42 The ending of the Investiture Controversy, as this struggle over the investiture of bishops was called, certainly did not mean the withdrawal of Papal claims to limit secular rulers powers over the Church. The Church insisted on its right to try clergy in its own courts, and 38 Help, H, pohnpei397, sldavid103, & fact- finder, "What Was The Role Of The Roman Catholic Church During The Middle Ages? enotes". in enotes,, 2011, < help/what- was- role- roman- catholic- church- during- middle > [accessed 4 May 2016]. 39 "TimeMaps". in,, 2016, < europe- church- history> [accessed 4 May 2016]. 40 ibid. 41 ibid. 42 ibid. 17

18 this led to a violent clash with Henry II, king of England (reigned ), which ended in the murder of the archbishop of Canterbury, Thomas a Becket (1170). The scandal that this caused meant that Henry had to drop all attempts to bring the clergy under the control of royal courts. 43 The kings of France, meanwhile, had adroitly allied themselves with the popes, claiming that the Church s interests lay in supporting royal power against the power of the (obviously less devout!) local magnates. The French kings emerged from this period with their royal authority strengthened. 44 V. Relations of King John with Others in England A. Barons After the excommunication of John from the church, as an excuse to confiscate church property and sold it back to his bishops at a profit. With this money a fledgling English Navy was created which later on was used to invade Ireland in 1210 and French armada stopped at Damme by the Earl of Salisbury. However, the barons did not support him for his continental ventures. 45 The Lusignans were pivotal of the rebel against the King but at the critical point in the campaign, they refused to fight. John patched up a truce and retreated back to England, but once again he was tainted by the stain of cowardice through little fault of his own. With this opportunity, the barons chose Robert FitzWalter as their leader. At first it was really a small movement against the king. However, FitzWalter was unsavory character with a series of grudges against John and a history of disaffection. He also had little regard for law or custom ibid. 44 ibid. 45 "BBC - History - British History in depth: King John and the Magna Carta". in,, 2016, < [accessed 4 May 2016]. 46 ibid. 18

19 In a quarrel over property rights with St. Albans, he had resorted to violence and only went to the law after this failed. Once when John tried his son- in- law for murder, FitzWalter had turned up at court with 500- armed knights. He had been prominent in the plots against John in 1212, and saw this as another means for him to strike at the king. Other barons in the lists had similarly disreputable histories. By contrast, most of the barony simply did not want to get involved. Few of them declared for the king, but among those that did was William Marshal. His son joined the rebels, and this seems to have been the solution adopted by many baronial families. 47 The rebels declared against the king on 3 May Ironically, their demands were based upon the so- called 'Unknown Charter' developed from the laws of Henry I. In their efforts to break away from the harsh Angevin régime created by Henry II, they were harking back to the same 'Golden Age' that he had used to justify his actions. Their attempts to besiege Northampton Castle met with failure, but they scored a great coup when London opened its gates to them on 17 May. 48 B. Church The king John was one of the most controversial monarchs of 13th century England after as William I. After the events occurred against John, in 1207 the relation between Pope Innocent III and John were at odd because of the election of Archbishop of Canterbury. After Archbishop Hubert of Canterbury died in 1205, the more secretly made an election. However the king and the bishops refused to accept and appointed John de Gray. In return, the pope did not accept him and rearranged the election in 2017 and chose his own friend Stephen Langton in his place. Thereafter, John expelled the Langton from the monks of Canterbury and did not allow him to be in the kingdom ibid. 48 ibid. 49 ibid. 19

20 Figure 1 Catholic Religious Hierarchy Therefore, in 1208, he gave Interdict, which suspended all Christian services, and administration of sacraments and the deaths were denied to be Christian. 50 When John tried to ignore the Interdict, the Pope excommunicated John from the church and banned England from christianism and the marriage until the Pope withdraw his words. According to the Church law, since only the Christian people could go to the Heaven and the newborn children will go to Hell, the people blamed John for this hierarchy- in- medieval- times/ 51 ibid. 20

21 Finally, in 1212, Innocent deposed John and absolved his subjects of their allegiance to him. In 1213, the King John had to write a concession to the pope, which stated that the excommunication would be lifted. After the pope lifted, the England became the fiefdom of Rome. 52 John had to give in and surrender the spiritual well being of the whole country to the Pope. If these terms would be met, Roman Catholic Church would own the crown of England. In 1214, since the Pope never truly believed John, he avowed that overthrowing the King John from the crown was legal. After these, when John lost the battle against France at Bouvines, all possessions were given to France. 53 VI. Assize of Clarendon (1165) The Assize of Clarendon is an act of Henry II reign in the English realm that altered English law from the former legal systems to decide the dominant party in a case, as trial by ordeal, trial by battle or trial by compurgation, into a system which a proper inquiry hold with evidence, and inspection, by laymen, knights or ordinary freemen, under oath. Assize of Clarendon act has improved the methods that would eventually be known in common law countries as trial by jury, which can be considered as the first milestone for the modern legal system called common law. The Assize addressed the disputes caused by the sense of property and crimes. During the reign of Henry II, the disputes caused by unclaimed lands were often due to no proper accounting of lands by landowners, the owner of the fief was entrusted to human memory. 54 Another problem that the Assize addressed is the mercenary soldiers that was not paid in the aftermath of the civil war between King Stephen and the Empress Mathilda, there were none left to pay to the mercenaries. This caused mercenaries to adopt other professions 52 You may find the full text of the concession via King-Johns-Concession_Pope_fealty 53 "King John - History Learning Site". in,, 2016, < england/king- john/> [accessed 4 May 2016]. 54 "Assize of Clarendon English history". in,, 2016, < of- Clarendon> [accessed 4 May 2016]. 21

22 such as robbery. This was one of the examples of the disputes that have been caused by King and the Empress. 55 Moreover, the Assize of the Clarendon also addressed the Church. Henry II wanted a judiciary system, which would also address the Church, meanwhile the Church had its own court that answered not the Kingdom but the Pope. Church acted as if it was imperium in imperio, kingdom within a kingdom, and was only subjected to law of English realm in particular cases. Therefore, Henry proclaimed assizes, rather than being permanently established, assizes convened periodically. Twelve men from the local community gathered in the court by the sheriff of the county, to decide on the one and only owner of the property and the result of disputes that occurred in the aftermath of crusade and civil war. Henry II appointed justices in eyre, as the assizes convened periodically rather than being established permanently as aforementioned. Three crimes that are subject to be investigated by the Assize were robbery, murder, theft and harboring of the person that was subjected to the crime itself. Counterfeiting, forgery and arson were added later on in 1176 by Assize of Northampton. Minor crimes were exceptional to be subjected to Assize. Trial by compurgation was invalidated after the act has passed. Only trial left available was trial by ordeal, specifically ordeal by water for Assize of Clarendon. Assize of Northampton added dismemberment for those who commit aforementioned crimes after trial by ordeal. 56 The Assize of Clarendon transferred the power of local barons into the judges. However, clergymen were forbidden to participate in trial by ordeal after the act passed in 1215 by the Fourth Lateran Council, considering one sixth of the population of England being clergy, the judicial proceedings remained to be a challenge. The case of murder of Thomas Becket, the Archbishop of Canterbury, remained as a difficulty for the new judiciary system of England, although the case itself was one of the major factors for Henry II to establish the Assize of Clarendon ibid. 56 ibid. 57 ibid. 22

23 VII. Timeline of the Events Birth of John and the King of Leinster helped against rivals and swore fealty to Henry II for the Irish ancestral rights. After his return with Welsh- Norman barons he had recruited as mercenary allies Henry II led the army into Ireland and with the help of campaigns, he asserts his supremacy over Irısh kings and Welsh- Norman barons the Treaty of Windsor had been made with the King of Connacht, the reigning Irish High King, which was the recognition of Henry over the Norman barons in Ireland John had the title as Lord of Ireland. While Irish chieftains and Norman- Irish magnates did homage to him, the rivals claim of the High King ignored by the royal family On January, Patriarch Heraclius of Jerusalem offered King Henry the crown of the crusader kingdom, but he refused and forbidden for John also. On April Jorh marched overland to Dublin in order to mediate the Irish affairs as Henry s deputy. He expand his money profusely on pleasure and he angered the Irish people. Therefore, he recalled by his father Saladin captures Jerusalem for Islam John married his first cousin, which was forbidden by the law, Isabelle de Clare, heiress to the earldom of Gloucester. Henry II died before he concluded his vow to go on crusade Richard I sails on crusade During Richard s return way to England, he was seized by Leopold, the Duke of Austria In order to do homage to Philip for the English land in France Prince John went to Paris, on the other hand, Richard handed over the emperor Henry VI. Philip of France took Richard as the prisoner. 58 Hindley, Geoffrey. A Brief History Of The Magna Carta. London: Robinson, Print. 23

24 On February, John returned to England for the rebellion before the invasion of Philip. On April, Richard started a friendly relationship with the emperor and received England back as a fief of the empire The castles of Tickhill and Nottingham were retaken by John. On April, Richard had second coronation and made peace with John Richard built Chateau Gaillard, which was going to be his base for the campaigns to recover Angevin lands in France Lotario di Segni was elected pope and ordained priest and bishop of Rome. Until his death in 1216, he reigned as Innocent III John declared as a single man by the two panels of bishops. On April, Richard died and the succession was disputed between John and hi nephew, Arthur of Brittany. Following days of the year, when Anjou, Maine and Touraine recognized Arthur, Normandy recognized John as a duke. In 27 May, the coronation made for John The Pope's interdict under France because of the marriage of Philip II. The Treaty of Le Goulet, which was the recognition John as the heir to all the English fiefs in France held by Richard and Henry, was made between Philip II and the King John. Moreover, for his part, John acknowledges Philip as his overlord and agreed to pay a huge succession duty, which was not occurred during the previous kings. John married Isabella of Angouleme Philip II asked John to appear before the court of French barons in his capacity as Duke of Aquitaine and when John could not attend, John forfeit Aquitaine, Poitou and Anjou by the declaration of Richard II. Richard knighted Arthur of Brittany and initiated campaign against John in France. Arthur did homage to Philip II for all the lands of John accept Normandy. On July when the Philip s wife was died, the interdict on France was lifted. 24

25 The siege of Queen Eleanor of Aquitaine was raised by John and he took Arthur as prisoner Duke Arthur of Brittany was disappeared while he was the prisoner of John John lost Chateau Gaillard and Normandy to French. The Fourth Crusade took Constantinople England lay under interdict because of the rejection of Stephen Langton as Archbishop of Canterbury Since John resisted to not accepting Stephen Langton, the Pope announced the personal excommunication of the king as the ultimate sanction of the Church and John campaigned in Wales, Ireland and Scotland and assertion of England over them was short- lived On June, when John was planning to invade France, because of the negotiations between Philip of France and Llywelyn the Great, he changed his plans. The plot against John made by Robert Fitzwalter and Eustace de Vescy, was revealed. After Philip officially announced to invade England, in 15 May John formally surrendered England and Ireland to the Holy See. Therefore the Innocent III made them a bond of fealty, a tribute of 1,000 marks a year and homage. In 30 May, English fleet under William, Earl of Salisbury destroyed the French invasion fleet at Damme In 20 July, after John reaffirmed his coronation oaths, the excommunication was lifted. On July, the northern barons refused to serve on John project for the France. On October, homage and tribute for England is ratified before a papal representative and was recorded on England s charter roll. 25

26 In 1 November, compromise was made with the northern barons in a meeting at Wallingford for his project regarding Poitou, France In 1 February, Peter des Roches, Bishop of Winchester was appointed as the new justiciar before the expedition to Poitou. On April, Barons of Poitou did homage to John. John s daughter married Joan, Hugh of La Marche. In 2 July, John collided Prince Louis of France about the west of Angers, and Poitevins refused to fight. Therefore John retreated to La Rochelle. Innocent III lifted the interdict on England. The Battle of Bouvines won by the French over allies of John under Emperor Otto VI, the Holy Roman Emperor. The barons demanded John for the confirmation of Henry I s Coronation Charter for their assurance, which includes the baronial rights and pledged to restore the Laws of Edward the Confessor During the meeting in London with barons, they insisted on the restoration of the ancient and accustomed liberties in 6 February. The King John asked for a delay until Easter and both parties agreed upon to lay the matter before Pope since he was the lord of England. In 8 January, John sent the legal representatives to Rome. In 4 March, John made a vow to go on crusade. In 19 March, Innocent III prepared triplex forma pacis, the threefold form of peace, which is a group of three letters written by the Pope to resolve the dispute and forbid barons conspiracies against John. In 26 April, barons made an assembly at Northampton and then made for Brackley, Northamptonshire. 26

27 In 5 May, barons who were opposed to John made a formal diffidatio, which is the renouncing their allegiance. In 12 May, John ordered the sheriffs to appropriate the lands and chattels of the opposition barons and began distribution of their property among his supporters. The Civil War started. In 17 May, Opposition barons were secretly got into London by a city faction. In 9 June, John met with Stephen Langton at Windsor. In 10 June, in Runnymede the meeting was held with barons and the draft agreement were written and in 15 June, the Charter was actually agreed between king and the barons. In 19 June the signing ceremony was made in Rochester Castle. VIII. Profiles of the Members of Magna Carta A. Chancellors 1. Stephen Langton, Archbishop of Canterbury and Cardinal Stephen Langton is one of the crucial people in Magna Carta. He was a scholar who was educated in Paris University, in art and theology disciplines. In 1206, he was made a cardinal by Pope Innocent III in Rome. 59 Pope offered to make him the archbishop of Canterbury. However, King John refused to the Pope s offer and Pope, therefore, declared England under infrient, which meant that the Church s sacraments were forbidden to everyone in the Kingdom. Pope Innocent also excommunicated the King. Due to the fact that King John expected to influence the outcome of the elections to English bishoprics, with the aim of rewarding his servants and ensuring that such important offices were held by men who were faithful to him. When all of the bishops withdrew their support from the England, in 59 Ratio7.com, Steve. "Stephen Langton". Magna Carta Trust 800th Anniversary Celebrating 800 years of democracy. N.p., Web. 25 Jan

28 addition to the threat of rebellion and the war with France, King John was forced to reunite with the Church. Therefore, he agreed to take Langton as his archbishop. 60 Because of his scholar, all historians though that he was against King John s regime. However, he was loyal and he knew the reality of Thomas Becket who was killed during the term of Henry II. In 1215, Langton refused to give up command of Rochester castle to the King because King John s demand had been made without judgment. For this act King John considered Langton a notorious and barefaced traitor, and suspected him of conspiring together against him with the rebel barons. However, it is unlikely that the archbishop ever encouraged the rebellion against an anointed King, especially knowing that the damage civil war would inflict upon the Kingdom. 61 He was a prolific and influential scholar, known particularly for his exegisis (that is, detailed analysis) of the Bible. Langton s biblical scholarship included what we would now call political thought, because he looked to the Bible for guidance on how the order of the society in his own day should be. Langton argued that God had not intended the world to be ruled by the Kings, who were predisposed to rule oppressively and disregarding the rule of law. Langton used examples from the Bible, as well as scenarios from his own world, in thought experiments designed to investigate whether the subjects were obliged to obey a king who made unjust decisions. If a king condemns a man to death, but the prisoner has not been convicted by a court, is the executioner obliged to carry out the sentence? Although Langton was inclined to think that kings in his own day, like their Biblical predecessors, often behaved badly, he was no radical. He thought that in most extreme circumstances subjects should obey their kings at the most they could refuse to carry out an unlawful command ibid. 61 ibid. 62 ibid. 28