Magna Carta: Structure
Magna Carta: Structure
Consider Yourself Lucky
The original Magna Carta not only didn't really have an organizational structure, but it was also written in highly abbreviated Medieval Latin. Yeah, that's the language you used when you wanted something to be super snobby, but not take up too many pieces of expensive parchment.
The clauses weren't numbered, because there weren't clauses or any formal separation at all. They didn't even use paragraph breaks, making the Magna Carta the world's most important run-on sentence ever.
In 1759 Sir William Blackstone had the good sense to go through and number each of the ideas turning most of the document into a list, leaving everyone wondering why the heck it took well over five hundred years for someone to finally think of that. The problem of the clauses being in no particular order persists to this day, but Shmoop has you covered in the breakdown below.
How it Breaks Down
The Churchy Clauses
Clauses 1, 46, and 63 are there to remind everyone that the traditions of the Catholic Church come before English traditions…as well as the so-called personal "traditions" that King John kept making up as he went along.
This debate had actually been settled several years before the Magna Carta. But given King John's track record can you really blame the clergy for putting it in writing several more times?
The Tax-y Clauses
These clauses were pretty much the reason they were all standing around a wet meadow on a Monday instead of working (or doing whatever it was barons did during the day). Clauses 2, 12, 14-16, 23, 25, 26, 29, 36, 37, 41, and 43 all tell the king to stop taxing certain things…and that if he wants a new tax he needs to ask nicely first.
The Death Clauses
People in the medieval era died a lot on account of the constant wars, plagues and the fact that nobody knew very much about medicine or sanitation.
Clauses 2-8, 10, 11, 18, 26, 27, and 37 all try to convince people (ahem, the king) not to take advantage or unfairly handle survivors such as child heirs and widows.
How Not To Punish People
If there's one thing the barons hated more than taxes, it was getting banished so that the king could steal all their land, possessions, and daughters. Clauses 9, 20-22, 32, 34, 36, 39, and 40 all forbid excessive punishments that everybody agrees go too far.
Courtroom Shenanigans
King John didn't really bother with courtrooms, so the barons explain the concept to him.
Clauses 17-19, 24, 34, 38, 40, 44, 45, 54 all explain how a trial and courts are supposed to work. These are some of the longer-lasting clauses, copied down by the American founding fathers and passed off as original ideas.
Stealing Is Wrong (Most Of The Time)
In some of the most face-palm worthy clauses in the whole charter they explain (with some humorous exceptions) that the government can't just shoplift everything they want. Clauses 28, 30-32, 37, 47, and 48 list things King John and friends can't steal from people and what limits their need to be on the actions of the government.
Oh Yeah: This Is Also A Peace Treaty
Eventually they get around to addressing the fact that they're not going to fight each other. Clauses 49-51, 58, 59, 62 are all specific peace-treaty clauses about who's forgiven and who's still in the doghouse.
The Undo Button
This is the part where King John says he's very, very sorry for all the stuff he's done…and that it didn't really count anyway. Clauses 52, 53, and 55-57 all negate the king's naughty deeds (and maybe those of the last two kings, too).
Who Put These Clauses Here?
Some of the clauses don't fit into any category and are just kind of random…leaving historians wondering, "Why did they go down this tangent? Was there one baron who was just really into fishing?"
Clauses 12, 25, 33, 35, 42, and 60 are probably good ideas, but also reveal the glaring organizational problems with the Magna Carta.
The Clause To Rule All Clauses
The longest clause is number 61, also known as the Security Clause. This is one where the barons say they're going to form an elected council to keep the king in line and maybe steal some of his stuff one day because that's now an acceptable form of punishment (see above).