Magna Carta

(Medieval Latin for "Great Charter of Freedoms"), commonly called (also ''Magna Charta''; "Great Charter"), is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardinal Stephen Langton, to make peace between the unpopular king and a group of rebel barons, it promised the protection of church rights, protection for the barons from illegal imprisonment, access to swift justice, and limitations on feudal payments to the Crown, to be implemented through a council of 25 barons. Neither side stood behind their commitments, and the charter was annulled by Pope Innocent III, leading to the First Barons' War.

After John's death, the regency government of his young son, Henry III, reissued the document in 1216, stripped of some of its more radical content, in an unsuccessful bid to build political support for their cause. At the end of the war in 1217, it formed part of the peace treaty agreed at Lambeth, where the document acquired the name "Magna Carta", to distinguish it from the smaller Charter of the Forest which was issued at the same time. Short of funds, Henry reissued the charter again in 1225 in exchange for a grant of new taxes. His son, Edward I, repeated the exercise in 1297, this time confirming it as part of England's statute law. The charter became part of English political life and was typically renewed by each monarch in turn, although as time went by and the fledgling Parliament of England passed new laws, it lost some of its practical significance.

At the end of the 16th century, there was an upsurge in interest in Magna Carta. Lawyers and historians at the time believed that there was an ancient English constitution, going back to the days of the Anglo-Saxons, that protected individual English freedoms. They argued that the Norman invasion of 1066 had overthrown these rights, and that Magna Carta had been a popular attempt to restore them, making the charter an essential foundation for the contemporary powers of Parliament and legal principles such as ''habeas corpus''. Although this historical account was badly flawed, jurists such as Sir Edward Coke used Magna Carta extensively in the early 17th century, arguing against the divine right of kings. Both James I and his son Charles I attempted to suppress the discussion of Magna Carta. The political myth of Magna Carta and its protection of ancient personal liberties persisted after the Glorious Revolution of 1688 until well into the 19th century. It influenced the early American colonists in the Thirteen Colonies and the formation of the United States Constitution, which became the supreme law of the land in the new republic of the United States. Research by Victorian historians showed that the original 1215 charter had concerned the medieval relationship between the monarch and the barons, rather than the rights of ordinary people, but the charter remained a powerful, iconic document, even after almost all of its content was repealed from the statute books in the 19th and 20th centuries. None of the original 1215 Magna Carta is currently in force as it was repealed, however four clauses of the original charter (1 (part), 13, 39 and 40) are enshrined in the 1297 reissued Magna Carta and do still remain in force in England and Wales (as clauses 1, 9 and 29 of the 1297 statute).

Magna Carta still forms an important symbol of liberty today, often cited by politicians and campaigners, and is held in great respect by the British and American legal communities, Lord Denning describing it as "the greatest constitutional document of all —the foundation of the freedom of the individual against the arbitrary authority of the despot". In the 21st century, four exemplifications of the original 1215 charter remain in existence, two at the British Library, one at Lincoln Castle and one at Salisbury Cathedral. There are also a handful of the subsequent charters in public and private ownership, including copies of the 1297 charter in both the United States and Australia. Although scholars refer to the 63 numbered "clauses" of Magna Carta, this is a modern system of numbering, introduced by Sir William Blackstone in 1759; the original charter formed a single, long unbroken text. The four original 1215 charters were displayed together at the British Library for one day, 3 February 2015, to mark the 800th anniversary of Magna Carta.

History

13th century

Background

Magna Carta originated as an unsuccessful attempt to achieve peace between royalist and rebel factions in 1215, as part of the events leading to the outbreak of the First Barons' War. England was ruled by King John, the third of the Angevin kings. Although the kingdom had a robust administrative system, the nature of government under the Angevin monarchs was ill-defined and uncertain. John and his predecessors had ruled using the principle of , or "force and will", taking executive and sometimes arbitrary decisions, often justified on the basis that a king was above the law. Many contemporary writers believed that monarchs should rule in accordance with the custom and the law, with the counsel of the leading members of the realm, but there was no model for what should happen if a king refused to do so.

John had lost most of his ancestral lands in France to King Philip II in 1204 and had struggled to regain them for many years, raising extensive taxes on the barons to accumulate money to fight a war which ended in expensive failure in 1214. Following the defeat of his allies at the Battle of Bouvines, John had to sue for peace and pay compensation. John was already personally unpopular with many of the barons, many of whom owed money to the Crown, and little trust existed between the two sides. A triumph would have strengthened his position, but in the face of his defeat, within a few months after his return from France, John found that rebel barons in the north and east of England were organising resistance to his rule.

The rebels took an oath that they would "stand fast for the liberty of the church and the realm", and demanded that the King confirm the Charter of Liberties that had been declared by King Henry I in the previous century, and which was perceived by the barons to protect their rights. The rebel leadership was unimpressive by the standards of the time, even disreputable, but were united by their hatred of John; Robert Fitzwalter, later elected leader of the rebel barons, claimed publicly that John had attempted to rape his daughter, and was implicated in a plot to assassinate John in 1212.

John held a council in London in January 1215 to discuss potential reforms, and sponsored discussions in Oxford between his agents and the rebels during the spring. Both sides appealed to Pope Innocent III for assistance in the dispute. During the negotiations, the rebellious barons produced an initial document, which historians have termed "the Unknown Charter of Liberties", which drew on Henry I's Charter of Liberties for much of its language; seven articles from that document later appeared in the "Articles of the Barons" and the subsequent charter.

It was John's hope that the Pope would give him valuable legal and moral support, and accordingly John played for time; the King had declared himself to be a papal vassal in 1213 and correctly believed he could count on the Pope for help. John also began recruiting mercenary forces from France, although some were later sent back to avoid giving the impression that the King was escalating the conflict. In a further move to shore up his support, John took an oath to become a crusader, a move which gave him additional political protection under church law, even though many felt the promise was insincere.

Letters backing John arrived from the Pope in April, but by then the rebel barons had organised into a military faction. They congregated at Northampton in May and renounced their feudal ties to John, marching on London, Lincoln, and Exeter. John's efforts to appear moderate and conciliatory had been largely successful, but once the rebels held London, they attracted a fresh wave of defectors from the royalists. The King offered to submit the problem to a committee of arbitration with the Pope as the supreme arbiter, but this was not attractive to the rebels. Stephen Langton, the archbishop of Canterbury, had been working with the rebel barons on their demands, and after the suggestion of papal arbitration failed, John instructed Langton to organise peace talks.

Great Charter of 1215

John met the rebel leaders at Runnymede, a water-meadow on the south bank of the River Thames, on 10 June 1215. Runnymede was a traditional place for assemblies, but it was also located on neutral ground between the royal fortress of Windsor Castle and the rebel base at Staines, and offered both sides the security of a rendezvous where they were unlikely to find themselves at a military disadvantage. Here the rebels presented John with their draft demands for reform, the 'Articles of the Barons'. Stephen Langton's pragmatic efforts at mediation over the next ten days turned these incomplete demands into a charter capturing the proposed peace agreement; a few years later, this agreement was renamed Magna Carta, meaning "Great Charter". By 15 June, general agreement had been made on a text, and on 19 June, the rebels renewed their oaths of loyalty to John and copies of the charter were formally issued.

Although, as the historian David Carpenter has noted, the charter "wasted no time on political theory", it went beyond simply addressing individual baronial complaints, and formed a wider proposal for political reform. It promised 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 forms of feudal taxation requiring baronial consent. It focused on the rights of free men—in particular, the barons; however, the rights of serfs were included in articles 16, 20 and 28. Its style and content reflected Henry I's Charter of Liberties, as well as a wider body of legal traditions, including the royal charters issued to towns, the operations of the Church and baronial courts and European charters such as the Statute of Pamiers.

Under what historians later labelled "clause 61", or the "security clause", a council of 25 barons would be created to monitor and ensure John's future adherence to the charter. If John did not conform to the charter within 40 days of being notified of a transgression by the council, the 25 barons were empowered by clause 61 to seize John's castles and lands until, in their judgement, amends had been made. Men were to be compelled to swear an oath to assist the council in controlling the King, but once redress had been made for any breaches, the King would continue to rule as before. In one sense this was not unprecedented; other kings had previously conceded the right of individual resistance to their subjects if the King did not uphold his obligations. Magna Carta was, however, novel in that it set up a formally recognised means of collectively coercing the King. The historian Wilfred Warren argues that it was almost inevitable that the clause would result in civil war, as it "was crude in its methods and disturbing in its implications". The barons were trying to force John to keep to the charter, but clause 61 was so heavily weighted against the King that this version of the charter could not survive.

John and the rebel barons did not trust each other, and neither side seriously attempted to implement the peace accord. The 25 barons selected for the new council were all rebels, chosen by the more extremist barons, and many among the rebels found excuses to keep their forces mobilised. Disputes began to emerge between the royalist faction and those rebels who had expected the charter to return lands that had been confiscated.

Clause 61 of Magna Carta contained a commitment from John that he would "seek to obtain nothing from anyone, in our own person or through someone else, whereby any of these grants or liberties may be revoked or diminished". Despite this, the King appealed to Pope Innocent for help in July, arguing that the charter compromised the Pope's rights as John's feudal lord. As part of the June peace deal, the barons were supposed to surrender London by 15 August, but this they refused to do. Meanwhile, instructions from the Pope arrived in August, written before the peace accord, with the result that papal commissioners excommunicated the rebel barons and suspended Langton from office in early September. Once aware of the charter, the Pope responded in detail: in a letter dated 24 August and arriving in late September, he declared the charter to be "not only shameful and demeaning but also illegal and unjust" since John had been "forced to accept" it, and accordingly the charter was "null, and void of all validity for ever"; under threat of excommunication, the King was not to observe the charter, nor the barons try to enforce it.

By then, violence had broken out between the two sides; less than three months after it had been agreed, John and the loyalist barons firmly repudiated the failed charter: the First Barons' War erupted. The rebel barons concluded that peace with John was impossible, and turned to Philip II's son, the future Louis VIII, for help, offering him the English throne. The war soon settled into a stalemate. The King became ill and died on the night of 18 October 1216, leaving the nine-year-old Henry III as his heir.

= Charters of the Welsh Princes

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The Magna Carta of 1215 was the first document in which reference is made to English and Welsh law alongside one another, including the principle of the common acceptance of the lawful judgement of peers.

Chapter 56: The return of lands and liberties to Welshmen if those lands and liberties had been taken by English (and vice versa) without a law abiding judgement of their peers.

Chapter 57: The return of Gruffydd ap Llywelyn, illegitimate son of Llywelyn ap Iorwerth (Llywelyn the Great) along with other Welsh hostages which were originally taken for "peace" and "good".

=Lists of participants in 1215

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Counsellors named in Magna Carta

The preamble to Magna Carta includes the names of the following 27 ecclesiastical and secular magnates who had counselled John to accept its terms. The names include some of the moderate reformers, notably Archbishop Stephen Langton, and some of John's loyal supporters, such as William Marshal, Earl of Pembroke. They are listed here in the order in which they appear in the charter itself:

* Stephen Langton, Archbishop of Canterbury and Cardinal
* Henry de Loundres, Archbishop of Dublin
* William of Sainte-Mère-Église, Bishop of London
* Peter des Roches, Bishop of Winchester
* Jocelin of Wells, Bishop of Bath and Glastonbury
* Hugh of Wells, Bishop of Lincoln
* Walter de Gray, Bishop of Worcester
* William de Cornhill, Bishop of Coventry
* Benedict of Sausetun