Although Democracy was yet not in practice during this period in history, and let alone the word democracy had not even come into existence at this point in time, most historians agree that the Magna Carta, Latin for “Great Charter” 1 or “Great Paper” 1 was perhaps one of the first steps towards the end of the monarchy and the beginnings of democratic governments. Before examining the document it self, we must first look at the historical context it was written in. We have to understand that before the initial issuance of the Magna Carta, the idea that the King or Queen of England was not the absolute ruler of the land was unheard of. It took a king of monumental disfavor by the other nobility of England in order to cause this first step to happen.
What did King John do to deserve this?
If a monarch was benevolent, and caring of his or her people, no such backlash against his or her power would have probably ever happened. King John, was by no means popular with his barons. Perhaps, it was his controversial ascendance to the throne that sparked the initial distrust in him. After Richard the Lionheart’s death, there were to candidates for the kingship. King John had the other candidate, Arthur of Brittany, jailed and was more than likely murdered, however it was never proven as fact.
After this initial scorch of trust, King John had problems with the church. The church wanted to appoint Stephen Langton as the Archbishop of Canterbury, and King John wanted to appoint his own choice. This disagreement went on for years, until finally in 1213 he was forced to submit to the choice of the church.
King John had a spectacular defeat when the king of France at the time, Philip Augusts retook a majority of the English lands in France. The nobility of England demanded that King John retake the land. He attempted to do so eight years after the invasion in 1214, but the seizure, now referred to as “Battle of Bouvines” 1 was a failure.
The Barons Had Enough
This triumvirate of failures made the Barons and other Nobility of England to become extremely upset with King John. On June 10th, 1215, the Barons decided they had enough and took London by force. King John was forced to agree to a document then known as “The Article of the Barons.” 2 The great seal was attached to the document at Runnymede on June 15th, 1215. In return for his agreement, the barons swore renewed loyalty to their king. The royal court, known as the “royal chancery” 3, created a formal document to record this agreement on July 15th. This document was the original Magna Carta. A number of copies were then sent out to royal officials for edification.
Civil war and the legitimization of the Magna Carta
King John had every intention of disregarding this document, because he put the royal seal on the document under coercion. He was also particularly upset about the 61st clause of the document, in which a committee of 25 barons could over-rule the King’s decision on any subject, by force if necessary. As soon as the Barons left London, he renounced the document and civil war began.
The rebels received help by Prince Louis of France, who invaded England on their behalf. In October of 1216, John died of dysentery, and the fighting stopped for all intensive purposes.
After his death, his son Henry was given the kingship by a number of barons. They believed they could get him to accept the Magna Carta, and he did on November 12th, 1216. However, the controversial clause 61 and various other clauses were not included in this revision of the Magna Carta. King Henry III ruled for ruled for 56 years, and by his death, the Magna Carta became an accepted part of English law.
The Document it self
The Magna Carta it self was the first real document that started a trend away from the monarchy, and toward individual rights. It contains 63 different articles, most of which pertained to the 13th century and were only of transitory importance. It repealed certain unpopular taxes and made hunting ground available for use by non-nobility.
However there were some more important articles in the document that had a longer lasting effect. It contained provisions so that the church was free from control by the monarchy, which was perhaps the first step toward the separation of church and state. Many historians agree that the most important article in the document was the 39th, which reads, “No free man shall be arrested, or imprisoned, or deprived of his property, or outlawed, or exiled, or in any way destroyed, nor shall we go against him or send against him, unless by legal judgment of his peers, or by the law of the land.” 4 The significance of this article is that the king must treat individuals according to the law, and not according to his personal views.
The Magna Carta has lasting percussions throughout history.
The first issuance of the Magna Carta only lasted for a few weeks, but the document has hast lasting effects throughout history. After King Henry reissued it several times, it became a cornerstone of English law. The 1297 edition of the Magna Carta is actually still part of English law. However, only three of the thirty-seven articles in it remain in force. The others have been repealed of superseded by new laws. The Magna Carta’s endorsement of individual liberty has become a common theme in democratic governments. The U.S. Bill of Rights states that, “No person shall be deprived of life, liberty, or property, without due process of law.” 5 This is very similar to the 39th article of the 1215 version of the Magna Carta, which reads “To no one will we sell, to no one will we refuse or delay, right or justice.” 4 The lasting effects of the Magna Carta certainly had a positive influence on western civilization. It was the first document to put forth the idea of individual liberty, and is a cornerstone of all modern democracies.
End Notes
1. Wikipedia: The Free Encyclopedia, s.v. “Magna Carta”
2. Wikipedia: The Free Encyclopedia, s.v. “First Barons’ War”
3. Wikipedia: The Free Encyclopedia, s.v. “Chancery”
4. Various Barons, “Magna Carta,” 1215.
5. Various Statesmen, “The U.S. Constitution”, 1783
