Thursday 26 March 2009

Magna Carta Clause 61

The most significant clause for King John at the time was clause 61, known as the "security clause", the longest portion of the document. This established a committee of 25 barons who could at any time meet and overrule the will of the King, through force by seizing his castles and possessions if needed. This was based on a medieval legal practice known as distraint, but it was the first time it had been applied to a monarch. In addition, the King was to take an oath of loyalty to the committee.

Clause 61 essentially neutered John's power as a monarch, making him King in name only. He renounced it as soon as the barons left London, plunging England into a civil war, called the First Barons' War. Pope Innocent III also annulled the "shameful and demeaning agreement, forced upon the King by violence and fear." He rejected any call for restraints on the King, saying it impaired John's dignity. He saw it as an affront to the Church's authority over the King and the 'papal territories' of England and Ireland, and he released John from his oath to obey it........

.......John died during the war, from dysentery, on 18 October 1216, and this quickly changed the nature of the war. His nine-year-old son, Henry III, was next in line for the throne. The royalists believed the rebel barons would find the idea of loyalty to the child Henry more palatable, so the boy was swiftly crowned in late October 1216, and the war ended.

Henry's regentis reissued Magna Carta in his name on 12 November 1216, omitting some clauses, such as clause 61, and again in 1217. When he turned 18 in 1225, Henry III reissued Magna Carta, this time in a shorter version with only 37 articles.................

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