마그나카르타 (Magna Carta)
1. 마그나 카르타
마그나 카르타(라틴어: Magna Carta, Magna Carta Libertatum, 영어: the Great Charter of Freedoms) 혹은 대헌장(大憲章)은 1215년 6월 15일에 영국의 존 왕이 귀족들의 강요에 의하여 서명한 문서로, 국왕의 권리를 문서로 명시한 것이다. 왕에게 몇 가지 권리를 포기하고, 법적 절차를 존중하며, 왕의 의지가 법에 의해 제한될 수 있음을 인정할 것을 요구했다. 국왕이 할 수 있는 일과 할 수 없는 일을 문서화하기 시작하여 전제 군주의 절대 권력에 제동을 걸기 시작했다는 점에서 의의를 찾을 수 있다. 흔히 영국 민주주의의 시발점으로 강조되는 것과 달리, 문서 자체에 민주주의적 요소는 없다. 이 문서에서 민주주의의 시사점은 후대에 국왕과 대립이 발생했을 때 계속 확대 해석된 것이다.
2. Major Clause of Magna Karta
Clauses 10 and 11 related to money lending and Jews in England. Jews were particularly involved in money lending, as they were not bound by Christian teachings on usury. Clause 10 said that children would not pay interest on a debt they had inherited while they were under age. Clause 11 said that the widow and children should be provided for before paying an inherited debt. The charter concludes this section with the words "Debts owing to other than Jews shall be dealt with likewise", so it is debatable to what extent the Jews were being singled out by these clauses.
Clauses 12 and 14 state that taxes (in the language of the time, "scutage or aid") can only be levied and assessed by the common counsel of the realm. See Challenges to the King's power for more detail.
Clause 15 stated that the King would not grant anyone the right to take an aid (i.e. money) from his free men
Clauses 25 and 26 dealt with debt and taxes
Clause 27 dealt with intestacy.
Clause 42 stated that it was lawful for subjects to leave the kingdom without prejudicing their allegiance (except for outlaws and during war)
Clause 45 said that the King should only appoint as "justices, constables, sheriffs, or bailiffs" those who knew the law and would keep it well. In the United States, the Supreme Court of California interpreted clause 45 in 1974 as establishing a requirement at common law that a defendant faced with the potential of incarceration is entitled to a trial overseen by a legally trained judge.
Clause 48 stated that all evil customs connected with forests were to be abolished
Clause 49 provided for the return of hostages held by the King. (John held hostages from the families of important nobles he wished to ensure remained loyal, as other English monarchs had before him.)
Clause 50 stated that no member of the d'Athee family could be a royal officer.
Clause 51 called for all foreign knights and mercenaries to leave the realm.
Clause 52 dealt with restoration of those "disseised" (i.e. those dispossessed of property. See (for example) Assize of novel disseisin )
Clause 53 was similar to 52 but relating to forests
Clause 55 regarded remittance of unjust fines
Clauses 57 concerned restoration of disseised Welshmen
Clauses 58 and 59 provided for the return of Welsh and Scottish hostages
Clauses 61 provided for the application and observation of the Charter by twenty-five of the rebellious barons. See Challenges to the King's power for more on clause 61.
Clause 62 pardoned those who had rebelled against the king
Clause 63 said that the charter was binding on King John and his heirs. However this version of the charter was renounced by John, with the support of the Pope. The smaller 1225/1297 charters (which actually became law) contain similar text, stating that the monarch and their heirs would not seek to infringe or damage the liberties in the charter, and that the charter is to be observed "in perpetuity".