Alphen, Netherlands. 15
June. Is it time for a new Magna Carta? Historian
Simon Schama called it the “death certificate of despotism”. Eight hundred
years ago today at Runnymede on an island in the middle of the River Thames
midway between Staines and Windsor King John applied the Royal Seal to a document
which in many ways became the foundation of contemporary Western ideas of
liberty, democracy and law. Magna Carta
(Great Charter) or Magna Carta Libertatum (Great Charter of the Liberties)
established the principle that not even monarchs were above the law and thus
marked the beginning of the long end of arbitrary power in England and beyond.
For most of those
present at the sealing of Magna Carta it did not hold the significance it has
come to represent today. The Charter was
essentially a deal between King John (1199-1216) and his barons designed to
protect their Anglo-Norman aristocratic rights in the face of the king’s
insatiable demands for money. However, at
least two men present may have had an inkling of the political and legal
significance of the document; Archbishop of Canterbury Stephen Langton and
William the Marshal, First Earl of Pembroke.
Archbishop Langton was
the man who negotiated the Charter and acted as intermediary between King John
and the barons. The irony is that Archbishop Langton’s election as archbishop represented
an early struggle between ‘Europe’ and England.
Langton was anointed by Pope Innocent III in a struggle between Rome and
King John that would have implications in time almost important as Magna Carta
itself.
William the Marshall was
perhaps the greatest ever medieval knight (and a particular hero of mine). Born in Wiltshire in 1146 into a relatively
modest lower aristocratic family he became Europe’s leading chivalric champion,
winning jousts across the Continent. He
went on to become England’s leading soldier and indeed under Henry II a leading
statesman. Renowned for his honour and
probity Marshall was a man who stood on principle.
Magna Carta’s key
provisions were Articles 39 and 40 both of which suggest the influence of
Langton and Marshall. Article 39 states that “No free man shall be arrested or
imprisoned or outlawed or exiled or in any way victimised, neither will we [the
royal ‘we’] attack him or send anyone to attack him, except by the lawful
judgement of his peers or by the law of the land”. Article 40 states, “To no-one will we sell,
to no-one will we refuse or delay right or justice”.
Although Pope Innocent
declared the Charter unlawful as part of a grubby and ultimately failed rapprochement
with King John the document was established in legal and political principle. Following
the death of John from dysentery in 2016 Marshall was appointed regent to the
child king Henry III and re-confirmed Magna Carta following his defeat of the
French at the Battle of Lincoln in 1217. The Charter was also cited by Simon de Montfort
at what is regarded as the first modern English Parliament in 1265. In the sixteenth century Sir Edward Coke used
Magna Carta in the struggle with both King James I and King Charles I over the
primacy of Parliament, which led to the English Civil War (1642-1649), and the
creation of England’s first and only republic under Oliver Cromwell.
Magna Carta was central
to the idea of constitutional monarchy that was established with the
Restoration in 1660 and suffused the Glorious Revolution in 1688 when it was
feared that King James II wanted to re-establish an absolutist monarchy. Above all, Magna Carta inspired the 1789
American Constitution which began the long internationalisation of the Charter
which continues to this day.
The essential point of
the Charter concerns the right to trial of an individual by one’s peers. This principle of the right to trial by
equals has not only underpinned English law for centuries it is the central
pillar of English democracy and Parliament.
Indeed, it is the idea of the peer review of power and policy that underpins
the idea of parliamentary sovereignty precisely because the Charter was in time
used to establish Parliament as the law of the land overseeing the law of the
land, not the monarch.
Ironically,
parliamentary sovereignty is under as great a threat today as at any time since
1215. Whereas in the past Magna Carta
was the great principled barrier against the ambitions of tyrants and
unscrupulous monarchs today it is challenged by those all too willing to
transfer power away from Parliament to Brussels bureaucrats without the will of
the people having been consulted or expressed. There are clearly those in
Brussels who harbour the ambition that in time they will become the new law of
and in England’s lands.
Therefore, whilst those
present at the sealing of Magna Carta would not have understood the concept of
democratic deficit they were unwittingly at Runnymede to address it. Today, as power leeches away from Parliament
and is rendered ever further distant from the people and with ever more laws
being applied from Brussels in the form of European regulations or directives
it may be time to issue a new Magna Carta that returns once again power to the people.
Julian Lindley-French