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| Magna Carta | (From www.bl.uk)
Magna Carta is often thought of as the corner-stone of liberty and the chief defence against arbitrary and unjust rule in England. In fact it contains few sweeping statements of principle, but is a series of concessions wrung from the unwilling King John by his rebellious barons in 1215. However, Magna Carta established for the first time a very significant constitutional principle, namely that the power of the king could be limited by a written grant.
King John's unsuccessful attempts to defend his dominions in Normandy and much of western France led to oppressive demands on his subjects. Taxes were extortionate; reprisals against defaulters were ruthless, and John's administration of justice was considered capricious. In January 1215 a group of barons demanded a charter of liberties as a safeguard against the King's arbitrary behaviour. The barons took up arms against John and captured London in May 1215.
By 10 June both parties met and held negotiations at Runnymede, a meadow by the River Thames. The concessions made by King John were outlined in a document known as the 'Articles of the Barons', to which the King's great seal was attached, and on 19 June the barons renewed their oaths of allegiance to the King. Meanwhile the royal chancery produced a formal royal grant, based on the agreements reached at Runnymede, which became known as Magna Carta (Latin for the 'Great Charter').
Four copies of this original grant survive. Two are held at the British Library while the others can be seen in the cathedral archives at Lincoln and Salisbury.
All four copies declare themselves to have been 'given by our hand in the meadow which is called Runnymede between Windsor and Staines on the 15th day of June in the 17th year of our reign' (1215). Each differs slightly in size, shape and text. The few short words and passages written at the foot of the present document have been incorporated into the main texts of the Lincoln and Salisbury charters and may therefore represent last-minute revisions.
According to contemporary chronicles, copies were distributed to bishops, sheriffs and others throughout the land, but the exact number of copies sent out from the royal chancery in 1215 is not known.
As might be expected, the text of the Magna Carta of 1215 bears many traces of haste, and is clearly the product of much bargaining and many hands. Most of its clauses deal with specific, and often long-standing, grievances rather than with general principles of law. Some of the grievances are self-explanatory: others can be understood only in the context of the feudal society in which they arose. Of a few clauses, the precise meaning is still a matter of argument.
In feudal society, the king's barons held their lands `in fee' (feudum) from the king, for an oath to him of loyalty and obedience, and with the obligation to provide him with a fixed number of knights whenever these were required for military service. At first the barons provided the knights by dividing their estates (of which the largest and most important were known as `honours') into smaller parcels described as `knights' fees', which they distributed to tenants able to serve as knights. But by the time of King John it had become more convenient and usual for the obligation for service to be commuted for a cash payment known as `scutage', and for the revenue so obtained to be used to maintain paid armies.
Besides military service, feudal custom allowed the king to make certain other exactions from his barons. In times of emergency, and on such special occasions as the marriage of his eldest daughter, he could demand from them a financial levy known as an `aid' (auxilium). When a baron died, he could demand a succession duty or `relief' (relevium) from the baron's heir. If there was no heir, or if the succession was disputed, the baron's lands could be forfeited or `escheated' to the Crown. If the heir was under age, the king could assume the guardianship of his estates, and enjoy all the profits from them-ven to the extent of despoliation-until the heir came of age. The king had the right, if he chose, to sell such a guardianship to the highest bidder, and to sell the heir himself in marriage for such price as the value of his estates would command. The widows and daughters of barons might also be sold in marriage. With their own tenants, the barons could deal similarly.
The scope for extortion and abuse in this system, if it were not benevolently applied, was obviously great and had been the subject of complaint long before King John came to the throne. Abuses were, moreover, aggravated by the difficulty of obtaining redress for them, and in Magna Carta the provision of the means for obtaining a fair hearing of complaints, not only against the king and his agents but against lesser feudal lords, achieves corresponding importance.
About two-thirds of the clauses of the Magna Carta of 1215 are concerned with matters such as these, and with the misuse of their powers by royal officials. As regards other topics, the first clause, conceding the freedom of the Church, and in particular confirming its right to elect its own dignitaries without royal interference, reflects John's dispute with the Pope over Stephen Langton's election as archbishop of Canterbury: it does not appear in the Articles of the Barons, and its somewhat stilted phrasing seems in part to be attempting to justify its inclusion, none the less, in the charter itself. The clauses that deal with the royal forests over which the king had special powers and jurisdiction, reflect the disquiet and anxieties that had arisen on account of a longstanding royal tendency to extend the forest boundaries, to the detriment of the holders of the lands affected. Those that deal with debts reflect administrative problems created by the chronic scarcity of ready cash among the upper and middle classes, and their need to resort to money-lenders when this was required. The clause promising the removal of fish-weirs was intended to facilitate the navigation of rivers. A number of clauses deal with the special circumstances that surrounded the making of the charter, and are such as might be found in any treaty of peace. Others, such as those relating to the city of London and to merchants, clearly represent concessions to special interests.
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