1215Magna Carta:Old Institutions But New Government

1215Magna Carta was a result from the conflict and compromise between King John and his barons. It is a most valuable document, consisting of63provisions. Its provisions and intentions of contemporaries behind them reflected how the England kingship worked from Norman Conquest to1215. After Norman Conquest, William the Conqueror established on a national basis in England feudalism, which was personal ties based on land-holding. Feudalism was private law, which empowered kings. So the king’s power from feudalism was his private power. Meanwhile, public institutions and offices-administrative, financial and judicial-were gradually set up, and judicial reforms made achievements. The judicial system of the kingdom stood for public law, which also empowered kings. The king’s power from judicial system was his public power. Being the supreme lord and the ruler of the kingdom, England kings were endowed with two kinds of power, a private one and a public one. Magna Carta showed the way England kingship worked was to exercise his private power as a supreme lord and his public power as a king at the same time. At first, the king’s public power was very dependent on his private power, but then as his public power grew, it intruded the capacity of his private power and thus became increasingly stronger; certain public power bearing constitutional influence came from private power. The England Kingship dependent on private power and public power laid a foundation for the constitutional government.