Allan Massie says there was “nothing revolutionary” about the signing of the Magna Carta on June 15, 1215:
The document was presented to the king and his signature, by seal, extracted. He had violated so many customs of the realm and infringed long-established liberties, which we might rather call privileges, that his rule in its present form had become intolerable to the barons and landholders, to the Church, and to the merchants of boroughs protected by their own charters.
The Magna Carta rehearsed these customs and liberties. It was a reproof to the king, to compel him to mend his ways. Far from being an abstract statement of rights, it was a practical document: calling the king to order, reminding him of the limits on his power, and insisting that he was not above the law, but subject to it.
This was not unusual. Kings had been brought to a similar point before. Medieval monarchy was limited monarchy, in theory and of necessity. Kings had to govern in collaboration with “the Community of the Realm” (essentially the propertied classes) and with their consent. Ultimately, having neither a standing army nor a police force, they had little choice. Moreover, the society of the Middle Ages was intensely legalistic – and the purpose of Magna Carta was to remind the king of what the laws were and of his duty to observe them if he himself was to receive loyalty and obedience.
If Shakespeare makes no mention of the document it is because in the years of the Tudor despotism the balance between government and governed shifted in favour of the former. The Tudors made use of what were called the Prerogative Courts to bypass the common law of England. Torture, practised on “subversive” Roman Catholics by the Elizabethan government, was illegal under the common law (and indeed under Magna Carta), but inflicted by the judgment of the Prerogative Courts (the Star Chamber and High Commission).
It was the parliamentary and judicial opposition to the less effective (and less oppressive) despotism of the early Stuarts which revived interest in Magna Carta, now presented as the safeguard or guarantee of English liberty. Though it had been drawn up by Anglo-Norman bishops and presented to the king by Anglo-Norman barons, the theory was developed that it represented a statement of the rights and liberties enjoyed in Anglo-Saxon England by the “free-born” Englishmen before they were subjugated to the “Norman Yoke”.
This, doubtless, offered an unhistorical and rather-too-rosy view of Anglo-Saxon England before the Norman Conquest, but it had this to be said for it: that the Norman and Plantagenet kings had regularly promised to abide by the “laws of King Edward” – the saintly “Confessor” and second-last Saxon king.
