2.12 Feudal Law Form
Article 148 - Magna Carta
Magna Carta or “Great Charter” is a form of Charter based on the form of 8th Century Carolingian Sacred Law issued by vassals of the Roman Cult beginning with King John I of England in 1216 as a “master tenancy agreement” in the granting of certain rights issued at the commencement of their reign as the basis of all secular law of the realm to which the king would then add their ordinances as capitululm (cap.).
The formation of a Magna Carta as terms of peace and conditions between a monarch of a noble House granted perpetual rule under patent from the Roman Cult and their lesser nobles was an exception rather than the rule:
(i) Of the earliest Houses of former militia to be granted recognition as “noble” by the Roman Cult, only the House of Plantagenet (England and France) and the House of Barcelona (Aragon, Barcelona and Sicily) ever implemented such terms; and
(ii) The Houses of Wittelsbach (Bavaria), Habsburg (Switzerland), Wettin (Saxony), Guelph (Lower Saxony) all pledge fealty to the Roman Cult but were not compelled to introduce Magna Carta with their lesser nobles as did the House of Plantagenet and the House of Barcelona.
In the case of the “noble” Houses of England including the House of Plantagenet followed by the House of Lancaster, the House of York and the House of Tudor, the tradition of establishing a Magna Carta between the lesser noble classes and the King at the commencement of their reign was continued from 1216 until Henry VIII (1509-1547) of the House of Tudor. Therefore, there is not one (1) Magna Carta of England, but were at least thirteen (13) separate historic instruments from 1216 to 1547.
In the case of the “noble” House of Barcelona, James I of Aragon (1213-1276) was forced to sign a Magna Carta in March 1227 also known as the Peace of Alais. His son Peter III of Aragon and Valencia (1276-1285) failed to issue Charter to the nobles until he was forced by revolt in 1283 to seek terms. Similarly, Alfonso III (1285-1291) refused to recognize the previous Magna Carta until 1287 at Zaragoza, he ceded to the demands of his nobles with the famously called the “Privilege of the Union”. Thereafter, it appears this document was reaffirmed by subsequent monarchs until the end of the dynasty by the end of the 14th Century.