Question

the magna carta is a royal charter of rights agreed to by king john of england in 1215. it was the first document to put into writing the principle that the king and his government were not above the law. it sought to prevent the king from exploiting his power, and placed limits of royal authority by establishing law as a power in itself. 39. 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. 40. to no one will we sell, to no one will we refuse or delay, right or justice. document based questions 1. based on the excerpt, what rights are protected under clauses 39 and 40 of the magna carta? 2. explain the significance of the phrase \lawful judgment of his peers\ in clause 39. why is it important in ensuring justice? 3. how do clauses 39 and 40 demonstrate the principle of equality before the law? 4. how do the principles outlined in clauses 39 and 40 mirror those in the united states?

Explanation:

1. Clause 39 protects the right of freemen from being taken, imprisoned, disseised, exiled or destroyed except by the lawful judgment of peers or the law of the land, ensuring due - process rights. Clause 40 protects the right to access justice without sale, refusal or delay.
2. "Lawful judgment of his peers" means a trial by a jury of one's equals. It is important as it provides an impartial and community - based form of judgment, reducing the risk of arbitrary or unfair decisions by a single authority.
3. Clause 39 applies the same rules of due - process to all freemen, regardless of their status. Clause 40 ensures that justice is available to everyone equally, without discrimination based on wealth or other factors.
4. In the US, the right to due process (similar to Clause 39) is enshrined in the 5th and 14th Amendments, protecting citizens from arbitrary government action. The guarantee of equal access to justice (similar to Clause 40) is also a fundamental principle in the US legal system, with concepts like equal protection under the law.

Answer:

1. Clause 39 protects the right to due - process (not to be deprived of life, liberty or property without lawful judgment of peers or law of the land). Clause 40 protects the right to equal access to justice without sale, refusal or delay.
2. It provides an impartial, community - based form of judgment by one's equals, reducing arbitrary decisions.
3. Clause 39 applies due - process rules equally to all freemen. Clause 40 ensures equal access to justice for all.
4. The US has due - process rights in Amendments 5 and 14 and the principle of equal access to justice, similar to the Magna Carta clauses.