History of England 1-6

The charter also stipulated that no man should be made a judge or sheriff without adequate knowledge of the law. The courts of law should be convened in one place, rather than follow the king. The towns and cities of the kingdom were to be granted their ancient liberties. Free men were to be allowed to travel freely. Forest law was to be alleviated, and all the forests created in the king’s reign were to be opened. The thirty-ninth clause states that ‘no free man shall be taken or imprisoned, except by the lawful judgement of his peers or the law of the land’. The fortieth clause declares that ‘To no one will we sell, to no one will we deny or delay right or justice.’ Three declarations of the Magna Carta still remain on the statute book of England.

Edward Coke, Lord Chief Justice at the beginning of the seventeenth century, wrote that ‘as the gold refiner will not out of the dust or shreds of gold, let pass the least crumb, in respect to the excellence of the metal; so ought not the reader to pass any syllable of this law, in respect of the excellency of the matter’. Since Coke forced the Petition of Right upon a reluctant Charles I, later enshrined in the Bill of Rights of 1689, and since his writings were instrumental in the drawing-up of the American Constitution, we may take seriously his alleged claim that ‘Magna Carta is such a fellow that he will have no sovereign’.

Yet he was writing 400 years after the event. The thirty-ninth and fortieth clauses of the charter may have been the most pertinent and significant, but at the time they were simply part of a miscellaneous and haphazard collection of principles taken from canon law and common law and custom equally. It is not at all clear that the negotiators knew precisely what they were doing. They were more concerned with correcting manifest wrongs than proclaiming evident rights. They made a heap of all they found. Not for the first time have great events and doctrines emerged from ambiguous and adventitious circumstances. The charter had no central doctrine. It was piecemeal. Therefore it was adaptable. Its meaning or meanings could be reinterpreted. Its underlying consequences were understood only gradually and slowly. It was reissued three times, with various amendments, and only the final version of 1225 became law. It was ratified thirty-eight times by various kings, the last of them being Henry VI.

Yet even before the moment he sealed it, King John had determined to ignore it. The sixty-three clauses meant nothing to him. He had hoped that by apparently coming to agreement with the barons, he would be able to divide his opponents and purchase a breathing space in which he could reassert his sovereignty. No sooner had he affixed his seal to the document than he sent an emissary to the pope, claiming that every concession won from him was an insult to the pontiff himself whose unworthy vassal he was. He ordered that all of his castles should be provisioned and fortified. He sent commanders to Flanders, Poitou and elsewhere to hire mercenary soldiers. War against his barons could be renewed. On 24 August 1215, Pope Innocent III sent letters annulling the provisions of the Magna Carta as an insult to his authority over England. ‘With the advice of our brethren,’ he wrote, ‘we altogether reprove and condemn this charter, prohibiting the king under pain of anathema from observing it, the barons from exacting its obligations.’

It came too late. The king and the barons were already at war. The Cornish lands of Robert Fitzwalter, the leading rebel, were seized. At this juncture the military advantage lay decidedly with the king; he possessed by far the largest number of fortified castles and he had at his command a professional mercenary army. A party of rebels took refuge in the castle at Rochester; John besieged it, and helped to undermine it by strapping burning torches to a number of pigs. The animals were herded into wooden galleries built beneath the stronghold and set it ablaze. This was one of the less formal techniques of medieval warfare.

Many of the rebel barons took refuge in London. It might have been possible for the king to lay siege to the capital, but London was not Rochester. The undertaking was filled with risk. Instead John decided to destroy the castles of the rebels one by one. He marched to the north, from where many of the barons came, and laid waste the land from Nottingham to Berwick; he left a trail of blood and ruins wherever he ventured. Only one rebel castle, that of Helmsley in Yorkshire, was left standing.