Keith Tyler

Medieval Europe

12/02/98

Both the Magna Carta and Frederick's Statute are decrees in favor of the nobles in their respective kingdoms, exacted from the king under duress by his immediate or chief vassals. Not only coming from different lands with different customs, they each cover peculiar legal or political ground. But both come from weakened kings unable to successfully expand their power at the hands of an annoyed and more powerful noble class.

Both of these decrees deal with some similar issues. Land of the vassals is a prominent factor. Magna Carta deals with the inheritance of land (2-4), while the Statute reaffirms rights to the land held by the barons. Both decrees allow for the return of land seized by the crown to its previous holder (MC 52, SIFP 13). Frederick's Statute also reaffirms in favor of the princes on the age-old question of jurisdiction over their fiefs (6) as well as limitations of the king's jurisdiction (18).

Measures of "reasonability" come up in both decrees. Limitations on the services due the king by the nobility are put in place in these terms. Magna Carta prevents compulsory service beyond what is expected for the pay received (16), similarly the Statute prevents anyone from being compelled to serve who is not bound to do so (21). Both also prevent "unjust" taxes or fees (SIFP 22), or make limitations on fines (MC 20), taxes (12), or punishments (39) to be within "reasonable" terms, or punishments within "proportional" guidelines (21,22).

Certain freedoms of merchants are granted in both decrees. Magna Carta grants safe passage for foreign merchants except in times of war (41), and the Statute grants merchants freedoms and protections regarding market choice, competition, and travel (2-4). Nobles are granted certain protections from royal power, such as accountability to local courts (SIFP 9), or unreasonable seizure of property (MC 28,52) or of oneself (39,54).

Rules regarding cities also make appearances in both. However there are two differing attitudes toward cities between the two. Magna Carta grants certain freedoms to the cities, especially London, reaffirming their "ancient liberties and free customs (13)." But the Statute is restrictive of cities, placing limits on the power and reach of cities, such as range of city jurisdiction(5,18), encroachment of outlying citizens(10), or that of cities on the lands held by the barons (1). Since in France, the crown controls the cities in question, the intent is to therefore limit the cities; but in England the cities are in need of assurance of their freedoms.

The Magna Carta is focused on preventing injustice to the nobles by the crown, especially regarding the levying of fines and punishments (20-22,52,61). However Frederick's Statute seems more designed to empower the barons, or at least protect them from imposition by the crown, especially regarding the rights of vassals over their fiefs and their protection from the spread of the "evils" of cities. In the Magna Carta, nobles and serfs alike are ensured certain guarantees on freedoms, but in Frederick's Statute, certain rules against the freedom of serfs and others separate them from the nobility, particularly when it comes to who may be allowed to live in the cities (12,16).

Magna Carta, unlike Frederick's Statute, provides for the formation of a noble's council. A council of 25 barons may be brought together to approve the collection of aid money, or to judge cases of injustice upon a baron brought upon the king (61). This council extended from the right of barons to be brought to court only by other barons. Likewise barons could only be tried, judged, and fined or punished by other barons (21). Other freemen received the right of trial by a jury of their peers, in a sense (39).

Similarly, the Spanish decrees each provide protections for their subjects, in cases of slander (Alf. IX, 2), and against 'wrongful' guilds and conspiracies (Alf. X, 11 & 14). Like the Magna Carta, they provide for the hearing of such cases in the king's council (Alf. IX, 2). Furthermore, they prepare for the regular assembly of the Spanish cortes (Ped. 18) and set the stage for the creation of national and local constitutions (Ped. 9).

Both the Spanish decrees and the English parliamentary summons refer or allude to the concept of "that which affects all be approved by all," a truism of republican justice that dates from Justinian's time and has its roots in classical thought. Edward makes direct reference to this, and the Spanish kings seem to be guided by it.

Both the Spanish kings and Edward desire to use their councils in order to help themselves, and that of their kingdoms. Edward is asking for representative bodies to approve military or defensive action against an upcoming French invasion and to reclaim French lands formerly held. This idea of representative approval for acts of war is likewise enacted in Spain (Alf. X, 3). But the Spanish decrees claim to be interested in a different sort of defense, that of personal defense, in order that all their subjects may be better off and "able to better serve me (Alf. X, preamble)."

Throughout the major states of Europe are herein formed similar representative bodies, which through their 'approval' of royal actions or decrees, are being used to strengthen the king's position. In England and France, these bodies are used to strengthen the kings external position, (esp. with the Pope), while in Spain and Germany this provision is concentrated on the ruler's internal power (which in Spain, will likely strengthen him externally as well). While the rules of England and Germany are compelled to make these decrees by their nobles and other subjects, Spain and France seem to create them for their own purposes.

For whatever reasons, throughout the Western world, rulers are attempting to enhance their power by cooperating with their nobles and other subjects. Harking back to classical thought, and perhaps to the idea of the Roman senate, representative bodies are being established and regularly called in order to give political backing to the actions of their rulers. We see also that at different rates, that these bodies will begin to make demands on their rulers to see certain laws enacted.