Zixi Wang

HIS 4B

4/20/2015

Topics: The Magna Carta is often seen as a forerunner of representative democracy. Instead,

discuss the ways in which Magna Carta is a traditional feudal document. Incorporate other

sources from KSP to establish traditional feudal ideas and practices and then analyze Magna

Carta in relation to these documents.

Although Magna Carta is often be considered as a forerunner of representative

democracy, it still has some features of a traditional document which means it ensured some

superior rights of the king. The king who used to be the one who got his crown from God does

not have the right to make his own word as the law anymore. Since the Magna Carta, all kings

are controlled by the law and they cannot kill or punish their peasants, barons or even followers

without judgments. The justice was above all kings’ rights and orders.

But, the justice are only for “freemen” which means not all person have their human

rights. “We have granted moreover to all free men of our kingdom for us and our heirs

forever…” (KSP, P 61, Magna Carta 1215) And the noble, landers, kings and princes are still

rulers of their kingdoms. They have abilities and rights to have more wealth and lands than the

other freemen and slaves. “Moreover so long as the guardian has the warship of the land, he shall

maintain the houses, parks, preserves, fishponds, mills and the other things pertaining to the land

from its revenues; and he shall restore to the heir when he comes of ages all his land stocked

with ploughs and wainage (land under cultivation) such as the agricultural season demands and

the revenues of the estate can reasonably bear.”(KSP, P61, Magna Carta 1215) That means the

noble (or landers) are more easily to earn money and have properties. The inequality between the

common people and the landers shows the document is a traditional feudal document which

force the common people to scarify their benefits for the lands owners. So the land owners don’t

need to work for having good lives. As a forerunner of representative democracy, the document

does improve human’s rights but it hasn’t have the idea that all men are created equally.

“The king has no peer in his kingdom, because he would lose his headship since an equal

has no command over his equal. Again, and all the more strongly, he ought not to have a

superior, nor to have anyone more powerful, because thus he would be inferior to his own

subjects, and inferiors cannot be equal to the more powerful. ” (KSP, Concerning the laws and

customs of England, P 63) is another evidence which proved that kings were still have superior

rights and power. The power of kings were controlled by Magna Carta, but kings were still

kings. All the lands were not public property but king’s property. And when “The summons of a

bishop to parliament (1295)” (KSP, P67) were written, there were 25 barons who were vassals of

king and also features of feudalism. These barons, who were both lords and vassals had power

to decide common people’s lives. They can decide who will have a better job and who can’t raise

his/her child, who can get money easily and who can be educated by controlling their lands.

With all the kings, barons (and the noble), who own lands and can get benefits from

these land, Magna Carta is a traditional feudal document which permit the inequality between the

common people and land owners. Even though it did weak the power of king, land owners were

still had more power than others. And the three key concepts of lords, vassals and fiefs were still

working at that time.