Lecture Eight: Magna Carta

           Magna Carta

Magna Carta, English Great Charter, charter of English liberties granted by King John on June 15, 1215, under threat of civil war and reissued, with alterations, in 1216, 1217, and 1225. By declaring the sovereign to be subject to the rule of law and documenting the liberties held by “free men,” the Magna Carta provided the foundation for individual rights in Anglo-American jurisprudence

Origin Of The Magna Carta

With his conquest of England in 1066, William I secured for himself and his immediate successors a position of unprecedented power. He was able to dominate not only the country but also the barons who had helped him win it and the ecclesiastics who served the English church. He forced Pope Alexander II to be content with indirect control over the church in a land that the papacy hitherto had regarded as bound by the closest ties to Rome. William’s son Henry I—whose accession (1100) was challenged by his eldest brother, Robert, duke of Normandy—was compelled to make concessions to the nobles and clergy in the Charter of Liberties, a royal edict issued upon his coronation. His successor, Stephen (1135), whose hold on the throne was threatened by Henry I’s daughter Matilda, again issued a solemn charter(1136) with even more generous promises of good government in church and state. Matilda’s son Henry II also began his reign (1154) by issuing a solemn charter promising to restore and confirm the liberties and free customs that King Henry, his grandfather, had granted “to God and holy church and all his earls, barons and all his men.” There developed, in fact, through the 12th century a continuous tradition that the king’s coronation oath should be strengthened by written promises stamped with the king’s seal.

Although the volume of common law increased during that period, in particular during Henry II’s reign (which ended in 1189), no converse definition had been secured in regard to the financial liabilities of the baronage to the crown. The baronage also had no definition of the rights of justice that they held over their own subjects. As the Angevin administration became ever more firmly established with learned judges, able financiers, and trained clerks in its service, the baronage as a whole became ever more conscious of the weakness of its position in the face of the agents of the crown. Compounding discontent among the nobility were tax increases during Richard I’s reign (1189–99), which resulted from his Crusade, his ransom, and his war with France. John was confronted with those myriad challenges upon his rise to the throne in 1199. His position, already precarious, was made even weaker Unlike his predecessors, John did not issue a general charter to his barons at the beginning of his reign. At Northampton, however, Archbishop of Canterbury Hubert Walter, royal adviser William Marshal, and justiciar Geoffrey Fitzpeter summoned the nobility and promised, on behalf of the king (who was still in France), that he would render to each his rights if they would keep faith and peace with him.

On June 15, 1215, John met the barons at Runnymede on the Thames and set his seal to the Articles of the Barons, which after minor revision was formally issued as Magna Carta. The charter consisted of a preamble and 63 clauses and dealt mainly with feudal concerns that had little impact outside 13th century England. However, the document was remarkable in that it implied there were laws the king was bound to observe, thus precluding any future claim to absolutism by the English monarch.

In immediate terms, Magna Carta was a failure—civil war broke out the same year, and John ignored his obligations under the charter. Upon his death in 1216, however, Magna Carta was reissued with some changes by his son, King Henry III, and then reissued again in 1217. That year, the rebellious barons were defeated by the king’s forces. In 1225, Henry III voluntarily reissued Magna Carta a third time, and it formally entered English statute law.