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1
Innsurrection ’15: Run Up to Runnymede
A continuing legal education program on Magna Carta
Earl Warren American Inn of Court Oakland, California
Team Five Presented on February 18, 2015
2
PARTS (members will play multiple parts)
Merlon the wizard Master/Barrister Sentry 1 Master /Barrister/Associate/or Law Student Sentry 2 Master /Barrister/Associate/or Law Student Baron 1 Master /Barrister/Associate/or Law Student Baron 2 Master /Barrister/Associate/or Law Student Knight Master /Barrister/Associate/or Law Student King’s Advisor Master /Barrister/Associate/or Law Student Poor woman Master /Barrister/Associate/or Law Student Sir William Sr. Master /Barrister/Associate/or Law Student Sir William Jr. Master /Barrister/Associate/or Law Student King John Master /Barrister/Associate/or Law Student Lord Stewart Master /Barrister/Associate/or Law Student Weather reporter Master /Barrister/Associate/or Law Student Correspondent Master /Barrister/Associate/or Law Student Prosecutor Master /Barrister/Associate/or Law Student Defense Atty Master /Barrister/Associate/or Law Student News reporter 2 Master /Barrister/Associate/or Law Student Attorney Master /Barrister/Associate/or Law Student Thelma Master /Barrister/Associate/or Law Student Louise Master /Barrister/Associate/or Law Student Homeowner Master /Barrister/Associate/or Law Student
PROPS
Wand, Scroll, Scepter, Stockade, Puppet Theatre, potato, microphone, crown, robes, goblet, barons’ costumes, laptop/PowerPoint, speakers, projector, screen, drumstick, tube‐sock puppets, coconuts (or click‐clack devices to make the sound of galloping horses), stick ponies, capes.
3
[Slide: Start with Innsurrection ‘15 slide, with medieval Overture music]
[Slide: “Merlon” Slide, click music]
INNSURRECTION ‘15: RUN UP TO RUNNYMEDE
Merlon the Wizard
Good eventide, milords and Ladies. Methinks this a special night. You see, my king ‐‐‐ King John, by the Grace of God, King of England, Lord of Ireland, Duke of Normandy and Aquitaine, Count of Anjou ‐‐‐ hath given leave to his great sorcerer, Yours Truly.
[to himself] So rarely do I get a night off.
I was in my chambers using an old spell that would take me to the Inn for a quart [gestures to simulate drinking a mug of ale]. I have been told that I am now at the Inn of Courts. How lucky for me, indeed.
So, in exchange for a quart of your finest, I will share with you a bit of my special magic. Tonight, my magic is especially strong! A rare, prophesied planetary alignment hath propelled me forward in time a goodly length, some 800 years with a power to hold open a portal through Time. I shall open the portal for you, my newfound and oddly‐dressed companions, just enough to give you a glimpse of the past.
You call my Time the Dark Ages, but that isn’t so. As you shall see, it was a time of great turmoil and social revolution.
Hmm, you say . . . my name? My name is Merlon. Prithee, do not confuse me with Merlin, my distant estranged cousin disbarred from wizardry after a rather unfortunate scandal at Hogwarts. [slide]
You didn’t know Merlin had a brother? Oh, mama had several kids: there is . . .
Merlin [slide],
Me [slide],
Marla and Merlot [slide of dinner theater magic act], and
Marlon [slide of Marlon Jackson]. Marlon left us for a family with greater mojo.
And then, there is mama’s favorite . . .
Barak [slide of President Obama] . . . oops, now I’ve said too much.
Any‐hoo, . . . Let us go thither to the past. The year is 1215. The country is England. The people are hurting under the tyranny of King John. They are near breaking point.
[exit Merlon]
4
[Slide PPT : Baronial Overture music and slide]
[Three men, 2 Barons and a Knight ride center stage – Monty Python style with the third man clapping coconut shells to sound like a horse’s gallop. Two armed Sentries ‐‐ King John’s tax collectors ‐‐ intercept their path.]
Sentry 1: Halt! Who goes there?!
Baron 1 [name‐tagged Sir William Marshall, Jr.] : It is I, Sir William Marshall, Jr. and these are my lands, as far as the eye can see. How dare thee halt me and my fellow warriors as we return from war?
Sentry 2: Ha! Ha! Puny Baron! We are sent by King John himself. Think ye to be higher than the King?
Sentry 1: Here, Here, and if ye be a Baron, where be your horses? Get on with it then, give us your money before we take your skins!
Baron 2: The King! Ha! That greedy fool! He sends us to war that we have to pay for, and spends all our money on food, drink and women. He’s taken all our money, all the crops from our serfs, kidnapped our children, sold our daughters, what more is there to take?
Knight: Aye, he’s even taken our horses! Alas! What’s a Knight without a horse?!? You can’t squeeze water from a stone, my good man!
Sentry 1: (Laughing with the other Sentries, then serious) “Good Man?” I’m not your man, I’m King John’s man, and loyal to the core! Enough of your delays! We’re through listening to your excuses! The King will take what he wants when he wants it! It’s ordained by God! Pay the taxes or bear our axes!
[ALL CAST SING: “MONEY” – parody of Beatles song “Money,” short version]
THE BEST THINGS IN LIFE ARE FREE
BUT KING JOHN’S GREE - EE -DEE
GIVE HIM MUH - UH -UH -UH NEE
THAT’S WHAT HE WANTS
THAT’S WHAT HE WANTS
OH GIVE HIM MUH UH UH NEE
THAT’S WHAT HE WANTS!
[END song]
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[Fisticuffs ensue / axe swinging occurs, and the Barons knock out the tax collectors and clop toward home, limping. They EXIT stage.]
[Sentries get up, and hobble on to the village. Place stocks.]
[Slide PPT: Lightning & Thunder (to re‐introduce Merlon the wizard)]
MERLON: AS YOU CAN SEE, I TOLD YOU THESE TIMES WERE FULL OF REVOLUTION AND BITTER INJUSTICES. NOW, MY TIME TRAVELERS, LOOK UPON THIS POOR WOMAN AS THE GOVERNMENT COMES…..
[Slide PPT: The Village w/ medieval lute music.]
Sentries enter, (PROP: STOCKS STAND IN THE BACKGROUND), shaking down the poor people in for money, pillaging “taxes” of money or food from the poor, meager serfs in the countryside. Many of the serfs have just gotten back from the fields after a long day of working for the King, only to come home to work local fields to grow food for their families.]
Sentry 1: (to poor housewife as she cooks): Woman, it’s time to pay more taxes! The King must have more to pay for the war and feed his court!
Poor woman: Please sir, mercy, this is the third time this week! My children need food or they can’t work to grow crops. We can’t pay taxes without food or crops to sell. This tax is not just!
Sentry 2: Silence, Woman! You’re cooking something in that pot. Why deny the King his due? Who are you to question what is just? Justice is between the King and God, and we are his servants, living at his pleasure. [SENTRY GRIPS HIS SWORD IN A THREATENING MANNER.]
Poor woman: This pot, good Sir, is water with an old bone, twice boiled already. We have no store of food. The King has already taken all we have! (Starting to cry)
Sentry 1: Woman, stop crying. Don’t you know crying will get you nowhere? Turn that frown upside down! Look at it this way, at least you’ve got water to boil, a pot and a fire. Things could always be worse, so let’s get one thing straight….
[PPT SLIDE/SONG: “Always look at the bright side of life” (from the Monty Python movie Life of Brian ‐ Parody lyrics]
Some things in life are bad,
They can really make you mad,
Sometimes the King demands you pay a tax
- When you're chewing on life's gristle,
- Don't grumble, give a whistle
- And this'll help you keep your bones in tact!
6
So, Always look on the bright side of life!
(Whistle)
Always look on the bright side of life!
(Whistle)
The tax is getting higher,
King John has been inspired!!
And He thinks you've still got something left to pay,
When you're feeling like you're chattel,
Stop your silly prattle,
Just purse your lips and whistle, that's the way!
So, Always look at the bright side of life!
(Whistle)
Always look at the bright side of life!
[END song]
Sentry 2: Now, cheer up and hand over what we know you’ve hidden or it’s off to the stocks for you!!
Poor woman: I tell you, there’s nothing left to give!
[Sentry pushes her aside, scavenges in her sack to find a potato.]
Sentry 1: AH HA! Liar! You see, you have something indeed! The King will have this potato for his stew!
[They drag her (crying and protesting) to the stocks, without delay, without hearing, etc.]
7
[Slide PPT: Lightning & Thunder]
MERLON: AS YOU CAN SEE, KING JOHN HAD MANY FAILINGS AS A KING: FAILED WARS, A GRAVE DISCONTENT WITH THE POPE,
BUT WHO WILL RESPOND TO SUCH A DESPOT? A YOUNG UPSTART, A SON OF A GREAT LORD, SIR WILLING MARSHALL, JR. , THAT’S WHO!
[PPT medieval puppet show slide: Theme of the marionettes music]
[Medieval puppet show begins with hand puppets for Sir William Marshall Sr. and Jr. Sir William Marshall, Sr. is reading ledgers in his study, figuring out the state of their assets at this point after all the King’s taxes. Sir William Marshall, Jr. limps in, cut and bruised]
Sir William Marshall, Jr. : Father! It’s got to stop! I can’t take it anymore!
Sir William Marshall, Sr. : Dear Boy, what has happened to you?
Junior: My knights and I were coming back from the war, and surveying what’s left of our lands, and we were attacked by tax collectors demanding yet another payment! When we refused, they came at us with axes! We barely made it out alive!
Senior: My boy, why did you not pay the tax? The King must get his due!
Junior: Father, the King has all but ruined us, ruined England, lost all our holdings in France! He is a monster! A lazy, coward who sits in his Castle and gorges on our earnings while we fight his endless wars! Are we not free born men? Are we not entitled to the fruits of our land and labor? Why don’t you ever listen to me Father?
Senior: Boy, how dare you talk this way! Only God ordains the King, and our duty is to remain loyal to the King! God save the King!
ALL CAST: God save the King!
Junior: That thinking is what has gotten England to this shameful state! The King thinks he is above all law, he thinks he is our God. ! I say we pledge our loyalty to Philip and France and let King John roast in his own juices!
Senior: Silence! Hush! Your words are treason! Calm yourself or you’ll lose your head! Who has filled your head with this poison?
Junior: Father, you never take my side! Many of the Barons are of one mind. They call him “King John Softsword” and “Bad King John”. I count 40 of the most powerful Barons who are ready to revolt if the King does not relent. We plan to demand the King pledge to protect our GOD GIVEN RIGHTS as FREE MEN. IF HE WILL NOT PLEDGE TO PROTECT OUR RIGHTS, the Barons have the loyalty of the people; they will march on London and force the King to submit to our demands!
8
Senior: (pauses, shocked) : 40 powerful Barons, you say? Has it truly come to this? What is it they want? How can we avoid this mutiny? We must do all we can to save England! I’ll talk to the Archbishop of Canterbury at once!
[Slide PPT: Lightning & Thunder]
[Staging: As Merlon talks, King John sits on his throne, gorging on a turkey leg and swigging on a bottle. Tax collectors (scarred, bloody and beaten up) come in with a box, and dump its meager contents on the table. …a couple potatoes, a bone and a few coins fall out of the box]
MERLON: HARK, MY PEOPLE, THE UNFORTUNATE PROTAGONIST IN THIS GAME OF THRONES IS BLEEDING HIS PEOPLE DRY. HIS GREED BLINDS HIM. HE HAS GONE TOO FAR, AND BECAUSE OF THIS, HE WILL SOON EXPERIENCE A FIRST IN WESTERN HISTORY. DEMANDS SHALL BE MADE UPON A KING...HOW DARE THEY!!!!!
[Slide: Innsurrection ‘15]
King John: What on Earth is that? Is this some kind of joke? Where are the taxes? Have you made off with my taxes?
Sentry 1: Sire! No! God knows we would never do such a thing! The thing is, the people don’t seem to have much left. …we are trying, my Liege, but we’re finding little or nothing left in every village we visit.
King John: And the Barons, the great landed Barons? What of their coffers? Are they not wealthy? I want jewels! I want Gold! I want my taxes or you’ll all be off to a jail cell, or you’ll see the tip of my own sword!!
Sentry 2: Your Highness, please not that! If I may, you Highness, I’ve heard about a plan afoot, a treasonous plan, some whisper the days of loyalty to the King are numbered…they say if the King does not grant them certain rights, they’ll, they’ll…revolt!
[SLIDE/ SONG PPT “A Little Gossip” from Man of La Mancha] (Song to be performed by two singing barons who circle the seated king)
A little gossip, a little chat,
A little idle talk of this and that,
The Barons gathering support in town,
And if they get their way, Your Majesty will frown!
They say they've had enough of never ending tax,
And if you don't give in, they’re gonna give you the Axe!
9
[Slide: Innsurrection ‘15]
King John: Silence!! You treasonous wretch! I should have your tongue sliced out with a rusty knife! In fact, I might just do it myself! [King grabs for a knife and starts to lunge at the Sentry… the King’s Advisor stops the King]
King’s Advisor: Wait! My Leige, is he not just the messenger? He’s worth more alive than dead. At least, Let us hear his tale and then decide what to do… What say you?
King John: [calming down, stroking his beard]: Alright, you knave, speak! But mind ye, if I find you are deceiving me, I will cut out your tongue myself!
[exit Advisor]
[King is left alone for 10 seconds, quietly thinking, drinking from another bottle… Merlon comes out to begin educational segment.]
[Slide PPT: Lightning & Thunder]
[Slide: Innsurrection ‘15]
EDUCATIONAL SEGMENT CONDUCTED BY MERLON THE WIZARD:
Magna Carta is one of iconic texts of western law and it owes its existence to a real
nincompoop of a king, King John. King John was a horrible ruler.
King John is said to be the sort who talked out loud during mass and ate meat on Fridays.
He treated his court like a brothel; sexually harassing the wives and daughters of noblemen. He
seduced the wife of a baron who had been captured fighting for the king.
King John planned to take for a wife a girl his contemporaries regarded as far too young to be
married; and, in so doing, postponed indefinitely a promised marriage to the daughter of one of
his barons
King John was also murderous. He is rumored to be responsible for his nephew’s murder. Some
say, he didn’t just order the child killed, but that the king did it himself, with his own hands,
while in a drunken rage. This was a most heinous crime by the political and chivalrous
standards of the day.
Yet, all of these cruelties might have remained somewhat tolerable, until the scutage grew
outrageously abusive. Scutage is the tax a king may impose upon his dukes to help him wage
war. In john’s case, he demanded more and more money to wage a war he wasn’t winning, and
could not win in France.
In short, King John, known for his greed and treachery, was also bad for business. Something
had to change.
10
So In June 1215, in a wet, marshy field known as Runnymede, it is no wonder that King John of
England was compelled to place his seal to a charter that diminished the King’s customary
rights by subjecting him to the rule of law .
By the way, do you know why they met in the wet, marshy field Runnymede? It is because the
wet character of the terrain made it less likely that a battle would break out. Medieval warfare
technology and water did not go well together.
[Merlon exits.]
ANNOUNCER: [using announcer’s voice reminiscent of television’s The Daily Show] Runneth Up To Runnymede! June 15, in the year of our lord 1215, from the theater in the round in Runnymede, England ‐ DA DA DA DA ‐ Today is the day of reckoning!
[Slide: Thy Daily Show/Music]
Lord Stewart: Welcome to the Daily Show my name is Lord Stewart! We have a special show for you today as we Runneth up to Runnymede...
Yes ‐ my proletariat plebes ‐ Some of you might not have heard what is happening in Runnymede as the news has been unable to spread due to war, famine and the general and utter lack of any education that 99% of you have
[Slide PPT Innsurrection ‘15/Run Up to Runnymede]
Lord Stewart (continues): So you may ask what is Runnymede? Well, we are going to tell you. But first, we shall go to our weather report.
[PPT Weather Reporter video skit] as the skit plays, set up stockade skit.]
Lord Stewart: Now, we're going to take you down to our correspondent on the scene, Sir Jason Jones.
[PPT Slide “SMACKDOWN IN THE SWAMP”]
Correspondent: Hello Lord Stewart! (Correspondent delivers report from the uncomfortable confinement of a stockade). Glad to be here just down the river Thames near Windsor fortress in Runnymede ‐
Lord Stewart: What happened to you?
Correspondent: Ah well ‐ you see the King decided that I had not been servile enough, thus putting me in the stockade without trial... which actually segues us perfectly into why we're here in Runnymede for the much anticipated signing of the Magna Carta...
Lord Stewart: The Magna Carta ‐ sounds Latin ‐ smells of the Pope what is this Magna Carta and why are we signing it?
[Slide PPT PIG LATIN]
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Correspondent: Well, I'll tell you my Lord. The Magna Carta is a peace treaty between the rebel baron faction and the King. As you know the rebel barons have taken over London from our fair and most honest King. In order to bring peace to the land, the King has enlisted the help of the Archbishop of Canterbury to write out the terms.
Stewart: Do we know the terms of the Magna Carta ‐
Correspondent: Well, I don't have it now, I've been told they are signing it at any moment... Ah... wait my servant (hunchback hands over the paper) has just gotten me this exclusive copy ‐ (correspondent looks over the document) .... Well, it looks like the Magna Carta is ensuring some pretty interesting rights here for free men:
[Slide: HAVE IT YOUR WAY]
The protection of church rights protection from illegal imprisonment access to swift justice and, most importantly, limitations on taxation and other feudal payments to the Crown, with
certain taxes requiring baronial consent. It focused on the rights of free men — particularly the barons — and not serfs and unfree
labor.
Lord Stewart: This sounds like a revolutionary document, how did we get to this point where the barons are telling the King what to do?
Correspondent: Well ‐ our most brave and holiest King, King John, has not exactly been performing too well as of late:
Let's see...
He's angered the Pope ‐ to the point where England was excommunicated! Heaven help our immortal souls.
[COMPUTER GRAPHIC ‐ “X MARKS THE SCOTT” with thunder audio]
(Upon hearing lightening, ALL CAST CROSS THEMSELVES)
Correspondent: He was rumored to have killed an heir to get the throne,
And, to take the cake ‐ He's been beaten by the French
[Puppets fighting in background]
Correspondent: I mean really who gets beaten by the French?!? It's the last straw...
(A group of guards ‐ thugs comes crying): treason!... treason!... blasphemy against King John, his holiness.
12
Correspondent: Great Battle of Normandy...Sorry Lord Stewart ‐ looks like I'm going to be burned at the stake... But at least now it will be by a group of my peers!
Lord Stewart ‐ shaking his head: well ‐ that was our former correspondent, Sir Jason Jones. We just can't keep good correspondents around in these trying times of plague and crusades..... Thank goodness for team coverage!
Let’s get down to our correspondent on the ground in Runnymede, Madam?
[PPT Slide: LARGE VIEW OF THE MAGNA CARTA]
News Reporter 2: Hear ye! Hear Ye! It is June 15, 1215 and you are joining us here at Runnymede, a swampy marshland by the Thames River. The Barons have gathered here with the King. Let’s check in...
News Reporter: The Barons have presented the King with a scroll of 63 numbered demands, they’re calling it The Magna Carta. They say they won’t fight in any more wars for the King if the King refuses to sign. The King is over a barrel here, folks. He’s reading it now….let’s see what he does….
ALL CAST CHANT: Sign it, sign it, sign it, sign it!
King John: SILENCE! (Reads out key provisions. ) “The Magna Carta”??? Really? A bit grandiose, don’t you think? You Barons have a flare for the dramatic…
[PPT Slide Clauses 23, 28, 30, 31] What’s this? No taking property without compensation or consent? What’s the good of taking it if I have to give compensation for it?
[PPT Slide: amercements] The Punishment shall fit the crime? Then how shall I keep my humble servants in order? Should not a King be able to flex power as he chooses?
[PPT Slide: rights of widows] What?!? Widows not forced to marry whom I deem proper?
[PPT Slide Trial by peers] And what good is a Trial by peers? Every man has a right to a fair trial?
[PPT Slide] No free man imprisoned without being charged?
[PPT Slide] 25 Barons will monitor me to assure I follow these rules!!! HOW DARE YOU!!!
[ALL CHANT: SIGN IT, SIGN IT. BARONS GATHER CLOSER AROUND THE KING. THE KING PLACES HIS ROYAL WAX SEAL ON THE DOCUMENT]
News Reporter: Hear ye! Hear ye! They just did it! The King has set his seal to the Magna Carta!! It has become “The Law of the Land”! A momentous day indeed! England is saved!
[DO A LITTLE JIG]
13
All: God Save the King!
[PPT Time to Celebrate/Bells Ringing]
[BELLS RINGING IN THE VILLAGE, MUCH MERRIMENT.]
Lord Stewart: Well, now we know what the Magna Carta is going to provide for us the free subjects of our King, but what does it really mean. What will it mean for future generations?
To answer this and other questions ‐ we have our new special correspondent, Merlon and his future‐scope. So, Merlin is going to use his handy magic is going to look to the future to see what we can.
Please put your hands together and welcome his eminence, his magicalness, Merlon ‐‐‐‐
[Enter Merlon]
Merlon ‐ it's good to see you... I know you're here promoting your new book ‐
[PPT Slide Book]
Beyond the MAGIC ‐ THE MAN BEHIND THE MYTH... But, we're hoping you can shed light on this Magna Carta document and wondering if you have any insight into what it will be used for...
[MERLON WAVES HIS STAFF, ALL IS STILL]
Merlon: Well, let’s look at my crystal ball and see what the future holds for the Magna Carta…..
[Slide: Lightning and Thunder]
EDUCATIONAL SEGMENT BY MERLON THE WIZARD
The Magna Carta
The name Magna Carta does not refer to the modern importance of the document; it refers to
the physical size of the document. Magna Carta was large. It was written in Latin on a large sheet on
sheepskin.
The document does not use numbers to identify its many clauses, but there are 63 such clauses
contained therein.
Throughout time, people have always overthrown Kings. There have always been power
struggles. Historically, however, the overthrow was always in the name of some other nobleman with a
colorable claim to the throne. The coup d’etat sought to replace one ruler with another.
14
The novelty of The Great Charter, then, is that it was about IDEAS, not men. It did not seek to
overthrow the King and replace him with another man. The document represents a bargained limitation
upon the King’s authority, in defiance of centuries of custom and tradition.
Magna Carta set limits on the king’s power. Hence, it restricted government in almost all areas,
except for one. One clause asked for more government, not less. It is the clause asking for more courts.
Medieval England enjoyed a judicial system and professional class of lawyers before the
existence of Magna Carta. The system was, however, slow and ineffective. Royal judges would be sent
infrequently from the central court of justice at Westminster to preside over circuit courts in the
counties.
Recognizing the importance of courts as a forum to resolve controversies, the 1215 Magna
Carta, in Clause 18, requires royal judges to hold county court sessions four times a year. This is more
than had ever been held before.
It seems fitting at this time to speak briefly about what I will call “medieval due process.” What
was it, you wonder? Trials by ordeal involved a physical task that would give God the opportunity to
reveal a party’s guilt or innocence.
In deciding a case, a medieval judge might sentence someone to a trial by ordeal. One might
then be expected to lift a red hot iron for a few seconds. The burn wound would be bandaged and after
three days inspected by an “expert.” If the wound healed nicely, the person was innocent. If not, the
person was guilty.
Other trials by ordeal involved being dunked in water, or forced to fight to the death or until
maimed. Believe it or not, these ordeals were the most sophisticated dispute resolution system in
Europe at the time. Most other “judicial” proceedings at the time preferred torture as the most effective
means to arrive at the truth.
In 1215, Pope Innocent III prohibited priests from being involved in Trials by Ordeal. The theory
was that man cannot command a miracle of God. God acts on his own Free will. The withdrawal of the
church from trials by ordeal instigated and hastened the use of juries to determine guilt.
[Merlin waves his hands over his crystal ball…. FLASH FORWARD TO MODERN DAY]
Merlon: Crystal ball, show us an example of how Magna Carta survives today!
[Slide: Oakland, CA photograph]
SPEEDY TRIAL SKIT
Defense Attorney: So, what are we going to do about John Jones? This is only a misdemeanor domestic violence case and he has been sitting in custody for over 20 days! He is about to lose his housing! When are you going to dismiss?!
15
Prosecutor: Well, I need to interview more witnesses and I am still trying to get ahold of the complaining witness.
Defense attorney: I gave you four witness statements already. What, you don’t trust me? They all saw what happened and he was only defending himself!
Prosecutor: I am not saying you are a liar but…. Basically, I will trust you once I have personally given each witness a lie detector test and done FBI background checks.
Defense attorney: You do what you need to do but I’m pulling time. Rack em’ and stack em’!
[Walk off stage]
[Slide: Speedy Trial]
MERLON ‐ DISCUSSION
A lengthy pretrial detention could be expected by those deemed enemies of the crown. The 1215 Magna Carta sought to address the issue and forbid such occurrences.
Centuries later, when American colonists gathered to discuss their independence from England, they viewed the right to a speedy trial as an entitlement from their English heritage.
It is said that “When the First Congress drafted the Bill of Rights, it approved without discussion the right to a speedy trial.” The entitlement and wisdom of such a right was obvious.
Today, in American jurisprudence, the right to a speedy trial prevents only the injury caused by unduly prolonged pretrial detention, but also the harms arising as a result of the delayed prosecution – faded memories, lost witnesses, and the like.
[MERLIN WAIVES WAND AGAIN, Flash to another scene]
Merlon: Crystal ball, show us an example of how Magna Carta survives today!
EMINENT DOMAIN SKIT
[Slide: Eminent Domain]
News Reporter: Here we are in the front yard of this little house, which is the only thing that stands in the way of the new railroad the voters approved in the last election. The homeowners have protested the tearing down of their home, where their family has lived for over 60 years. Today, after a long court battle, the Trial court had ordered that the house be torn down, but that the homeowners must be paid a total of $300,000 for the value of their home, based on evidence presented at the hearing.
Homeowner: It’s not right! Our family has lived here for three generations. Why should we lose our house just because the voters decided to approve a freeway across our land?
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Attorney, Runs Up): Stop that bulldozer!!! I’ve just filed an Appeal! There is an automatic stay on all demolition activities on this house until the Appellate Court provides a ruling!
Homeowner: I’ll fight this all the way to the Supreme Court if I have to! It’s just not right for them to tear down my family’s home!
[MERLON ‐ DISCUSSION]
Eminent Domain
Eminent domain is the term that refers to the right of the government to claim private property
for public use, with payment of compensation.
Kings and governments have taken the property of citizens throughout history. The Magna
Carta was one of, if not the first expression limiting this right of the government.
Article 39 of Magna Carta says:
"No freemen shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land."
The word "disseised" means "deprived." This means that the government could take someone's property, but only according to "the law of the land."
The Fifth Amendment of the United States Constitution echoes the ideas declared in 1215: “No person shall be…deprived of life, liberty, or property, without due process of law; nor be obliged to relinquish his property, where it may be necessary for public use, without a just compensation.”
The Magna Carta acknowledges the power of eminent domain, but it does not say that the government must compensate the owner of any property it takes. This was also not the practice in England.
During the American Revolutionary War, both the Continental Army and British soldiers confiscated land, property, and food without compensation. The addition of a compensation clause to the Fifth Amendment signaled an end to the government taking whatever, whenever it wanted. Property owners had rights to be respected by government.
[MERLIN WAIVES WAND AGAIN, Flash to another scene]
Merlon: Crystal ball, show us another example of how Magna Carta survives today!
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[Slide: Hobby Lobby]
FREEDOM OF RELIGION SKIT
[Somewhere in America ‐ a woman is sitting at desk with name tag that says Hobby Lobby and poster behind her that says "Hobby Lobby". A woman walks in and the woman at desk stands up..]
Thelma: Hi there ‐ Welcome to Hobby Lobby! My name is Thelma and I am the head of the Hobby Lobby Hiring Department. You must be Louise?
Louise: Yes ‐ I am here for the cashier position.
Thelma: Yes ‐ excellent ‐ well what brought you here to Hobby Lobby?
Louise: well, I am passionate about macramé, I have been a cashier for several years and am highly qualified, and quite frankly I heard Hobby Lobby gave good benefits to their employees. I came from a small company who wasn't able to afford much more than my salary. I have two little ones and was really excited about some extra benefits, including health care.
Thelma: Well, Hobby Lobby is excited about you too Louise! I read your resume, including your article in Macramé R Us and we would love to have you part of the team.
[Slide: Macramé]
I should warn you though there are some caveats about our health insurance.
Louise: what's that?
Thelma: well, due to the corporation's religious beliefs, we don't offer birth control. It's just not part of God's plan ‐ I mean the corporation's plan.
Louise: Well, is Hobby Lobby a church or something?
Thelma: Gosh no we're a closed corporation ‐ why do you ask?
Louise: Well ‐ why does Hobby Lobby care about my birth control?
Thelma: Because we believe in Christian values.
Louise: well, then do I have to be Christian to be employed here? Because I am a Jehovah's Witness.
Thelma: Hmmm... Jehovah's Witness.... (Thelma mulls this over) well, of course not ‐ that would be discrimination!
Louise: Hmm... well, I have to say ‐ I kind of like the values of this place ‐ I agree with that ban on birth control. Do you think we could keep the health care from covering blood transfusions?
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Thelma: (Looking confused and taken aback) Are you crazy ‐ this isn't some cult?!?! Louise ‐ it has been a delight but clearly you are not understanding ‐ this is a closely held corporation that holds certain beliefs that the Supreme Court held were more dear than your beliefs. I'll let you know in a couple of days ‐ whether you got the job or not..
(Thelma pushing Louise out the door)
[Slide: Freedom of Religion
[MERLON DISCUSSION]
Freedom of Religion
I find it curious that the first clause of Magna Carta refers not to people, but to an institution: the Church.
The first clause in Magna Carta concedes the freedom of the Church and its right to elect its own dignitaries without royal interference. The addition of this clause to Magna Carta may have been a reflection of a past dispute between King John and the Pope over Stephen Langton's election as Archbishop of Canterbury. King John wanted someone else and acted against the churches wishes. Ultimately, failures on the battlefield with the Pope’s forces caused King John to submit himself to the authority of the Pope. In exchange, Pope Innocent III later “annulled” Magna Carta for King John.
Recognition of the freedom of the Church appears to be one of the first instances in written
western law acknowledging the separation of church and state.
Merlon: Crystal ball, show us another example of how Magna Carta survives today!
DUE PROCESS SKIT
[Slide: American Flag w/ Hail to the Chief]
[Open to a view of Oval Office in a confidential conversation between the President and Attorney General in the not too distant future]
President: Mr. Attorney General, with the impending war with Russia, I want a way to detain U.S. citizens suspected of spying – non‐loyal citizens are just the worst!
AG: Mr. President, I’m pretty sure that would violate due process. Even Magna Carta recognized the limit to even a king’s power to pursue individuals beyond the law! When President Lincoln challenged this in 1861, the Supreme Court ruled against him.
President: I know, I know, the Constitution only allows suspension of habeas corpus by Congress “in cases of rebellion or invasion the public safety may require it.” But what about a
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work‐around? For instance, in 1942 President Roosevelt’s executive order effectively gave his administration the power to detain Japanese Americans; and in 2001, President Bush’s Military Order, which was targeted at non‐citizens, was applied to U.S. citizens by defining them as “enemy combatants”!
AG: Yes, but in both cases the Supreme Court ruled that detaining U.S. citizens without due process was illegal, well at least to some extent.
President: But that doesn’t matter with this Congress – they recently passed the National Defense Authorization Act allowing the President to detain U.S. citizens indefinitely and without trial, so long as it relates to the ongoing war on terror! If they are willing to suspend the privilege regarding terrorism, why not for other wars also?
Bottom line, I don’t want non‐loyal citizens getting in the way of defending our nation. We just need to focus the public on the war, and not on their rights!
AG: I understand, Mr. President, I’ll see what I can find.
[MERLON ‐ DISCUSSION]
What endures and why is it important. Need to Keep Our Rights from slipping away
Some argue that history has overinflated the value of the Magna Carta. So I ask, what was
Magna Carta? Was it merely a private contract between a King and his barons? Was it failed
peace treaty? A statement of enforceable promises by a King that might be viewed as new law.
Or was it a royal grant, a pledge by the King that would last only so long as the King desired?
It appears to have been bits of each of these things.
Over time, it is clear that the significance of Magna Carta grew as future generations read more
into it. Eventually, it became a rallying symbol of man’s fundamental rights. This spirit was
especially on the minds and in the hearts of the men and women in the American colonies. For
example, in 1775, Massachusetts adopted as is state seal, an image of an American patriot
holding a sword in one hand and Magna Carta in the other.
It changed the course of history by forever altering the political power dynamic. “For a King
thereafter to openly infringe the promises contained in the Great Charter, was to challenge
public opinion; for an aggrieved man, however humble, to base his rights upon its terms was to
enlist the sympathy of all.”
Magna Carta has grown to embody fundamental principles of law that include Habeas Corpus,
trial by jury, the prohibition of torture, and the primacy of the rule of law.
Today, the ideas expressed in the Great Charter continue to challenge all world governments.
[Cast gathers in front of audience for reprise of Always Look on the Bright Side of Life]
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[Slide: Bright Side of Life w/ music]
[Last Slide: Innsurrection ‘15 slide for end of program] ‐‐ Introduction of team members.
Sources include:
Danziger, Danny. 1215 The Year of Magna Carta. Simon & Shuster (2003)
