History

Magna Carta

The 'foundation of English liberty' lasted about ten weeks before the Pope declared it null and void forever.

In the water-meadow at Runnymede, beside the Thames between Windsor and Staines, King John met his rebel barons on 15 June 1215 and put his seal — not, despite a thousand illustrations, his signature — to the charter that would become the most famous legal document in the English-speaking world. He did it because he had lost: lost Normandy in 1204, lost his war to win it back at ruinous expense, lost the Battle of Bouvines in 1214, and lost the patience of barons bled white by his taxes, arbitrary fines and confiscations. London had opened its gates to the rebels a month earlier. The charter was not a gift but a peace treaty extracted at the point of civil war — and as a peace treaty, it failed almost instantly.

Most of its 63 clauses dealt with grievances that no one now frames on courtroom walls: the removal of fish-weirs from the Thames and Medway, standard measures for wine, ale and corn, the rights of widows not to be forced into remarriage, limits on scutage — the tax paid in lieu of military service — and the expulsion of John's foreign mercenaries. Buried among them were the sentences that made the document immortal. Clause 39: no free man shall be seized, imprisoned, stripped of his rights or outlawed "except by the lawful judgment of his equals or by the law of the land". Clause 40: "To no one will we sell, to no one deny or delay right or justice." At the time, "free men" excluded the great unfree majority of the population; the clauses' genius lay in how far they could later be stretched.

Null and void of all validity, forever

John had no intention of honouring any of it, least of all clause 61, which empowered a committee of twenty-five barons to seize his castles and lands if he broke the terms — an arrangement no medieval king could live under. He appealed to Pope Innocent III, who as John's feudal overlord (England had been surrendered to the papacy in 1213) obliged spectacularly, declaring the charter "null and void of all validity for ever" in August 1215 — roughly ten weeks after Runnymede. The result was the First Barons' War; the rebels offered the crown to Prince Louis of France, who invaded and for a time held London. John died of dysentery at Newark in October 1216, having reportedly lost part of his baggage train — the crown jewels of legend — in the tidal waters of the Wash. The story may be embroidered, but treasure hunters have never stopped looking.

Salvation came through a nine-year-old. The regents of the boy king Henry III reissued a trimmed charter in 1216 and 1217 to win back rebel support, and it was the 1217 reissue, paired with a separate Charter of the Forest, that gave the document its name: the "great charter", Magna Carta, to distinguish it from its smaller forest sibling. The definitive version came in 1225, granted by Henry in exchange for a grant of taxation — liberty traded for revenue, a very English bargain — and it was Edward I's 1297 confirmation that entered the statute book. Of that text, only three clauses and a bit remain law in England today: the freedom of the Church, the liberties of the City of London, and the due-process core of old clauses 39 and 40.

The afterlife that outgrew the document

Magna Carta's world-changing career is largely a creative misreading. The seventeenth-century jurist Sir Edward Coke wielded it against the Stuart kings as proof of an ancient constitution limiting royal power; American colonists carried that version across the Atlantic, where it flows into the Fifth Amendment's "due process of law". Four engrossments of the 1215 charter survive — two in the British Library, one each at Lincoln and Salisbury cathedrals — and when a 1297 copy sold at auction in 2007 it fetched over 21 million dollars. Lawyers still cite it; judges still quote it; almost none of it survives as law. The barons at Runnymede wanted their fish-weirs out and their king restrained. They accidentally supplied the future with its favourite sentence about justice — proof that documents, like people, are remembered less for what they were than for what others needed them to become.

Quiz nuggets

  • King John sealed (not signed) Magna Carta at Runnymede on 15 June 1215.
  • Pope Innocent III annulled it about ten weeks later as "null and void of all validity for ever", triggering the First Barons' War.
  • The name "Magna Carta" arose from the 1217 reissue, to distinguish the great charter from the Charter of the Forest.
  • Four original 1215 engrossments survive: two in the British Library and one each at Lincoln and Salisbury cathedrals.
  • Only three clauses and the due-process core remain in force; a 1297 copy sold for over $21 million in 2007.

Written from public sources and not individually checked — worth confirming before you stake a pint on it.