Tracing our freedom to the ancient Magna Carta

The spectacular Salisbury Cathedral - home of
the Magna Carter.

By Patrick Matbob
 
Papua New Guinea is among many countries in the world that have constitutions that guarantee their citizens basic rights and freedoms.
Since independence, some of these rights and freedoms have come under scrutiny by politicians who wanted to restrict them – especially the freedoms of expression and of movement. Fortunately this has not happened.
The freedoms we have gained have not come easily. We can trace their history back almost 800 years ago to what took place in Britain under the reign of King John. At the time, the king’s subjects objected to his oppressive demands on them by imposing extortionate taxes and severely punishing defaulters. Eventually, the barons rebelled against the king and took up arms capturing London in May 1215. They demanded a charter guaranteeing their rights and freedom and to protect them against the King’s arbitrary behaviour.
The baron’s forced the King to sign an agreement at Runnymede in return for their loyalty which became known as the Magna Carta - a Latin word meaning ‘Great Charter’.
The Magna Carta restored the rights and freedom of the subjects of the king and ensured that they were dealt with justly.
Over the centuries as the British Empire expanded, the Magna Carta became the basis upon which many constitutions and laws of liberty were framed in the countries throughout the world. These countries had ties with Britain such as US, Australia and Papua New Guinea.
Four copies of the original Magna Carta survive today. Two are held at the British Library while the others can be seen in the cathedral archives at Lincoln and Salisbury.
I recently travelled to Salisbury Cathedral to see for myself this historical piece of document.
The 750 year old Cathedral situated in the city of Salisbury is itself a splendid work of architecture and rich with history. It has a spectacular 123m high tower and spire, the highest in Britain, and its front walls are adorned with sculptures.
Built in early English Gothic style, it took 38 years to complete and is believed to hold the oldest working clock in the world (ca. 1386).
The Magna Carta is held in the Chapter House at the side of the cathedral which was originally the meeting place of the clergy.
It is beautifully written in Latin on vellum (quality paper) and contains some 3,500 words, many of them abbreviated, a line over the top of a word indicating where letters had been omitted. The seal of King John has not survived but a photograph of similar seal is also exhibited. Unfortunately, no photographs were allowed to be taken in the room.
While the articles in the Magna Carta addressed the situation at the time, two of them proclaimed the basic freedoms that we enjoy today.
Article 1 (translated) states that “all freedoms set out herein are given to all free-men of our realm, for us and our heirs forever.”
Article 39 says that “no Freeman shall be taken, or imprisoned, or be dispossessed of his freehold, or liberties, or free customs, or be enslaved or exiled, but by lawful judgment of his Peers or by the law of the land”.
The rights and freedoms these early Englishmen had fought for and achieved are now under serious threat. The modern world no longer respects the spirit of this ancient charter.
Since September 11 attack on the Twin Towers, the world has become obsessed with security issues. Governments have taken action to tighten security laws in their respective countries and some rights and freedoms enjoyed by citizens have become strictly regulated. In some nations security forces have been given special powers to detain, search and arrest persons.
Recently our Prime Minister Sir Michael Somare experienced this overwhelming fear and insecurity in Australia when he was subjected to body searches.
In Papua New Guinea the abuse of people’s basic rights and freedoms has been going on for some time. Take for example the body-and-bag-searching security guards at the entrance of some of our supermarkets. What law empowers these guards to conduct their searches discriminately usually against those who are powerless in society?
PNG is not alone. Similar actions are happening in the first world countries where people have been arrested and detained on suspicion of being ‘terrorists’. Some of these people may be innocent however, they have little chance of a sympathetic hearing because the world has been scared into thinking it is better to be safe than sorry.
The situation is not likely to improve especially now with the tensions increasing over the nuclear arms treaty issue.
The medieval barons who fought hard to achieve our rights and freedoms must be turning in their graves to see what is happening today.
The world still has its equivalents of King John today. They are the powerful who are trotting the globe and exerting their dominance over the world’s resources with little regard for the rights of others.
The powerless who have been condemned to suffer however, are fighting back. If there is going to be peace, then the rights and freedom of the oppressed have to be restored and respected.
Another ‘magna carta’ is what the world desperately needs today.