Quotulatiousness

July 6, 2022

“The Great Charter of the Liberties” was signed on June 15, 1215 at Runnymede

Filed under: Britain, Government, History, Law, Liberty, USA — Tags: , , , , — Nicholas @ 03:00

Ed West on the connections between England’s Magna Carta and the American system (at least before the “Imperial Presidency” and the modern administrative state overwhelmed the Republic’s traditional division of powers):

King John signs Magna Carta on June 15, 1215 at Runnymede; coloured wood engraving, 19th century.
Original artist unknown, held by the Granger Collection, New York. Image via Wikimedia Commons.

England does not really go in for national monuments, and when it does they are often eccentric. There is no great shrine to Alfred the Great, for example, the great founder of our nation, but we do have, right in the middle of London, a large marble memorial to the animals that gave their lives in the fight against fascism. And Runnymede, which you could say is the birthplace of English liberty, would be a deserted lay-by were it not for the Americans.

Beside the Thames, some 10 miles outside London’s western suburbs, this place “between Windsor and Staines”, as it is called in the original document, is a rather subdued spot, with the sound of constant traffic close by. Once there you might not know it was such a momentous place were it not for an enclosure with a small Romanesque circus, paid for by the American Association of Lawyers in 1957.

American lawyers are possibly not the most beloved group on earth, but it would be an awful world without them, and for that we must thank the men who on June 15, 1215 forced the king of England to agree to a document, “The Great Charter of the Liberties”.

Although John went back on the agreement almost immediately, and the country fell into civil war, by the end of the century Magna Carta had been written into English law; today, 800 years later, it is considered the most important legal document in history. As the great 18th-century statesman William Pitt the Elder put it, Magna Carta is “the Bible of the English Constitution”.

It was also, perhaps more importantly to the world, a huge influence on the United States. That is why today the doors to America’s Supreme Court feature eight panels showing great moments in legal history, one with an angry-looking King John facing a baron in 1215.

Magna Carta failed as a peace treaty, but after John’s death in 1216 the charter was reissued the following year, an act of desperation by the guardians of the new boy king Henry III. In 1300 his son Edward I reconfirmed the Charter when there was further discontent among the aristocracy; the monarch may have been lying to everyone in doing so, but he at least helped establish the precedent that kings were supposed to pretend to be bound by rules.

From then on Parliament often reaffirmed Magna Carta to the monarch, with 40 such announcements by 1400. Clause 39 heavily influenced the so-called “six statutes” of Edward III, which declared, among other things, that “no man, of whatever estate or condition he may be … could be dispossessed, imprisoned, or executed without due process of law”, the first time that phrase was used.

Magna Carta was last issued in 1423 and then barely referenced in the later 15th or 16th centuries, with the country going through periods of dynastic fighting followed by Tudor despotism and religious conflict. By Elizabeth I’s time, Magna Carta was so little cared about that Shakespeare’s play King John didn’t even mention it.

June 8, 2021

QotD: Magna Carta

Filed under: Britain, History, Humour, Law, Quotations — Tags: , , , , — Nicholas @ 01:00

There also happened in this reign the memorable Charta, known as Magna Charter on account of the Latin Magna (great) and Charter (a Charter); this was the first of the famous Chartas and Gartas of the Realm and was invented by the Barons on a desert island in the Thames called Ganymede. By congregating there, armed to the teeth, the Barons compelled John to sign the Magna Charter, which said:

  1. That no one was to be put to death, save for some reason (except the Common People).
  2. That everyone should be free (except the Common People).
  3. That everything should be of the same weight and measure throughout the Realm (except the Common People).
  4. That the Courts should be stationary, instead of following a very tiresome medieval official known as the King’s Person all over the country.
  5. That “no person should be fined to his utter ruin” (except the King’s Person).
  6. That the Barons should not be tried except by a special jury of other Barons who would understand.

Magna Charter was therefore the chief cause of Democracy in England, and thus a Good Thing for everyone (except the Common People).

After this King John hadn’t a leg to stand on and was therefore known as `John Lackshanks’.

W.C. Sellar & R.J. Yeatman, 1066 And All That, 1930.

November 9, 2019

Ten Minute English and British History #11 – King John and the Magna Carta

History Matters
Published 1 Jan 2018

Twitter: https://twitter.com/Tenminhistory
Patreon: https://www.patreon.com/user?u=4973164

This episode covers the reign of King John and the problems he had securing the Angevin inheritance and the subsequent issues his barons posed. These problems culminated in the signing of the Magna Carta in 1215 which severely limited the strength of John and his son, Henry III, whose reign was overshadowed by the document.

Ten Minute English and British History is a series of short, ten minute animated narrative documentaries that are designed as revision refreshers or simple introductions to a topic. Please note that these are not meant to be comprehensive and there’s a lot of stuff I couldn’t fit into the episodes that I would have liked to. Thank you for watching, though, it’s always appreciated.

January 22, 2019

QotD: From Athenian democracy to the Magna Carta

Filed under: Britain, Europe, History, Politics, Quotations — Tags: , , , , — Nicholas @ 01:00

It is always tempting to look for our roots in ancient Athens … tempting, but wrong. The ancient Athenian “democracy” in the agora was, to be charitable, just mob rule, and the mob was incited, most often bought and paid for, by a series of loud mouthed bullies and celebrities ~ so, I can hear some of you saying, not much different from Canada and the USA in the 21st century, right? Now and again, Thucydides, for example, the loud mouth bully also had some brains and good ideas, but, more often than not they were just unqualified pretty boys and clowns.

The Romans gave us something a wee, tiny bit better: rule by law. But the Romans are, rightfully, often best remembered as engineers and they “engineered”, rigged, their political system to ensure that while there were, indeed, laws, to protect and serve the interests of the common people, the plebeians, the system ensured that no law could stand if it ever threatened the privileges of the patricians ~ Rome’s equivalent of our Laurentian elites.

The first time we find something that I think we can properly claim as a “root” of our, modern, liberal democracy is in Anglo Saxon England where, somewhat haphazardly to be sure, a council, called the Witan, advised and constrained and sometimes even elected the monarch for about 400 years, until the Norman conquest. The Witan (members of the Witenaġemot ~ the “meeting of wise men”) were the first privy council, the prototype of modern, Australian, British and Canadian cabinet government.

Next, in Norman times, came Magna Carta, echoes of which can still be heard in our great common law. Magna Carta itself was not as important as two men who, in their turn, gave it life. King John had no difficulty in persuading the Pope to disallow Magna Carta but the British barons actually went into open revolt and, first, William Marshal, acting as Earl Marshal of England and regent for the boy King Henry III, traded Magna Carta for an independent exchequer, and then Simon de Montfort, acting for the barons against the grown King Henry III, forced Magna Carta and parliamentary supremacy on to England.

Ted Campbell, “Our Conservative Roots”, Ted Campbell’s Point of View, 2017-03-05.

March 10, 2015

Magna Carta in the modern world

Filed under: Britain, Cancon, Government, History, Liberty, USA — Tags: , , , , — Nicholas @ 04:00

Mark Steyn talks about the decline in state observance (and in David Cameron’s case, even awareness) of the significance of Magna Carta:

Real rights are like Magna Carta: restraints on state power. Too many people today understand the word “rights” to mean baubles and trinkets a gracious sovereign bestows on his subjects — “free” health care, “free” community college, “safe spaces” from anyone saying anything beastly — all of which require a massive, coercive state regulatory regime to enforce.

But, to give it is full name, Magna Carta Libertatum (my italics – I don’t think they had ’em back then) gets it the right way round. It was in some respects a happy accident. In 1215, a bunch of chippy barons were getting fed up with King John. In those days, in such circumstances, the malcontents would usually replace the sovereign with a pliable prince who’d be more attentive to their grievances. But, having no such prince to hand, the barons were forced to be more inventive, and so they wound up replacing the King with an idea, and the most important idea of all — that even the King is subject to the law.

In this 800th anniversary year, that’s a lesson worth re-learning. Restraints on state power are increasingly unfashionable among the heirs to Magna Carta: in America, King Barack decides when he wakes up of a morning what clauses of ObamaCare or US immigration law he’s willing to observe or waive according to royal whim; his heir, Queen Hillary, operates on the principle that laws are for the other 300 million Americans, not her. In the birthplace of Magna Carta, a few miles from that meadow at Runnymede, David Cameron’s constabulary leans on newsagents to cough up the names and addresses of troublesome citizens who’ve committed the crime of purchasing Charlie Hebdo.

The symbolism was almost too perfect when Mr Cameron went on TV with David Letterman, and was obliged to admit that he had no idea what the words “Magna Carta” meant. Magna Carta Libertatum: The Great Charter of Liberty. I’m happy to say Mr Cameron’s Commonwealth cousins across the Atlantic in Ottawa are more on top of things: One of the modestly heartening innovations of Stephen Harper’s ministry is that, when immigrants to Canada take the oath of citizenship, they’re given among other things a copy of Magna Carta.

Why? Because everything flows therefrom — from England’s Glorious Revolution to the US Constitution and beyond. It’s part of the reason why the English-speaking world, in contrast to Continental Europe, has managed to sustain its freedoms across the generations.

On the topic of Cameron’s inability to say what Magna Carta translates to in English, Richard Anderson is convinced it was a deliberate ploy by Cameron to downplay his (expensive) educational background:

A Prime Minister of the United Kingdom, a graduate of Eton and Brasenose no less, no more forgets stuff like this then he forgets his wife’s name or his archenemy’s personal weaknesses. He flubbed it on purpose. Boris Johnson, the rather eccentric Tory mayor of London, figured out Davy pretty much from the start:

    Johnson, a classics scholar, said: “I think he was only pretending. I think he knew full well what Magna Carta means. It was a brilliant move in order to show his demotic credentials and that he didn’t have Latin bursting out of every orifice.”

A bit of context is required here. Since the Roman Empire went the way of all flesh Latin has been the language of the European elite. At first this was for practical purposes. For centuries any useful knowledge that had survived after the fall of the Empire in the west was in either in Latin or Greek. But long after Gutenberg, whose revolution made the vernacular languages of Europe important stores of knowledge, Latin remained the mark of a gentleman.

[…]

Mr Cameron is a graduate of Eton, an Old Etonian as they say. What is Eton? It makes Upper Canada College look like a cheap poseur. It is a super private high school that has produced nineteen of Britain’s fifty-three Prime Ministers. Harvard has produced a mere eight American Presidents. The University of Toronto a corporal’s guard of four Canadian PMs. Harold Macmillan, Britain’s snottiest modern PM, once derisively quipped that Mrs Thatcher’s cabinet had more Estonians than Etonians. A meritocratic break from an aristocratic past. At least it seemed at the time. Cameron’s particular team of rivals is decidedly Toff heavy. His Chancellor of the Exchequer, George Osborne, is a descendant of Henry III and his father was a baronet.

And what distinguishes the education of a Toff, even in these fallen times, is a sprinkling of Latin. Two millennia after the Romans decided the British Isles, or at least the warmer bits of it, were worth conquering the language of Cicero is still the mark of the Great and Good. Boris Johnson was perfectly correct. David Cameron almost certainly knew what Magna Carta meant. He was pandering to the lowest common denominator by pretending not to know.

But knowing the meaning of the name of the foundational document of British liberty, and by extension the liberty of the English speaking peoples, isn’t quite like being able to translate Virgil from the original into the Greek. It’s not specialized knowledge and should never be seen as such. This is what every schoolboy should and did know until the day before yesterday. That the Prime Minister of the day should think it politically advantageous to pretend not to know basic historical information is a chilling thought. That he was pandering was disgraceful but hardly shocking. That such pandering would be successful is a condemnation of modern Britain as severe as anything found in the works of Anthony Daniels.

There is stooping to conquer and then there is surrendering to the modern Vandals. David Cameron is the man holding the gate wide open.

February 23, 2015

Do these count as “known unknowns”? Searching for copies of the Magna Carta

Filed under: Britain, History, Law, Liberty — Tags: , , , , — Nicholas @ 02:00

At the Magna Carta Project, Professor Nicholas Vincent recounts how he tracked down a previously unknown copy in Sandwich:

Now, I have often found that the most interesting original records of Magna Carta, as of much else, have gone unnoticed precisely because they are assumed either to be copies rather than originals or because they travel with other less famous documents. Cataloguers, assuming that Magna Carta is much too important to have been overlooked, have very frequently assumed that originals are copies, not from any physical evidence of the fact, but simply because the idea of possessing an unknown Magna Carta has appeared to the cataloguer to be as absurd as suddenly stumbling upon an unknown play by Shakespeare or a unknown canvas by Vermeer. The most famous documents are often the documents that, in their natural habitat, have been least studied. Edgar Allan Poe sums up this situation perfectly in his story “The Purloined Letter”. Poe’s plot here turns on the fact that, if you wish to hide something that everybody else assumes hidden, the best place to hide it is in plain view.

The Hereford Magna Carta of 1217

The Hereford Magna Carta of 1217

I can claim, long before last December, to have found at least three Magna Cartas. All were in plain view. None of them was ‘unknown’, in the sense that they had all previously been listed, albeit in obscure places, either as Magna Cartas or as ‘copies’ of Magna Carta. They were nonetheless ‘unknown’ in the sense that they were either assumed to be ‘copies’ or ‘duplicates’ rather than originals (one of the three 1217 Magna Cartas, and the 1225 Magna Carta in the Bodleian Library in Oxford), or were known locally but without any appreciation that local knowledge had not come to national or international attention (the 1300 Magna Carta preserved in the archives of the borough of Faversham). In one instance (the 1217 Magna Carta now in Hereford Cathedral), it had been catalogued as a royal charter of liberties, but without realizing that these liberties were those otherwise known as ‘Magna Carta’. I vividly remember phoning Hereford Cathedral, in 1989, and asking if I could go down there the following day to see their Magna Carta (for there could be little doubt from the catalogue entry that Hereford’s ‘Charter of liberties 1217’ was a 1217 Magna Carta). I received a very dusty answer. ‘We have no Magna Carta’, I was told, ‘You must be thinking of Mappa Mundi!’. Ignoring this, and ordering up the document by call number, I found myself, the following morning, greeted on Hereford railway station by the canon librarian and the delightful cathedral archivist, Meryl Jancey. Archivists and canon librarians do not generally go to the railway to greet visiting postgraduate students. Short of playing me up Hereford High Street with a brass band, they could not have expressed more joy. And inevitably, their first question was ‘How much is it worth?’.

[…]

The Forest Charter of 1225, British Library Add. Ch. 24712

The Forest Charter of 1225, British Library
Add. Ch. 24712

One other detail before we pass on. Magna Carta as issued in 1215 promised reform not only of the realm as a whole but of the King’s administration of those parts of England placed under ‘forest law’ (i.e. set aside for the King’s hunting, with severe consequences for land use and the preservation of game). In 1217, to answer this demand for reform, King Henry III not only issued a new version of Magna Carta but, as a companion piece, an entirely distinct and smaller charter known as the ‘Forest Charter’. From 1217 onwards, the Forest Charter travelled in the company of Magna Carta, rather as a pilot fish accompanies a shark. It was in order to distinguish between these two documents, bigger and smaller, that as early as 1217 Magna Carta was first named ‘Magna’ (‘the great’). Thereafter, on each successive reissue of Magna Carta, the Forest Charter was also reissued, in 1225, 1265, 1297 and 1300. The Record Commissioners, in their search for original documents, were much less thorough in their treatment of the Forest Charter than they were in their search for its more famous sibling. Blackstone had found only two original Forest Charters, both of them very late. The Record Commissioners knew of only three. By contrast, we now know that at least twelve survive. Some of these turned up fortuitously at the time of my own search for new manuscripts in 2007. Others had resurfaced even more recently.

So it was, that around 4.30am in the morning of 9 December 2014, I decided that a catalogue entry describing a Forest Charter of 1300, might well merit further investigation. Even in the seven years between 2007 (when I compiled my lists for Sotheby’s) and 2014, when I stumbled on the reference to the borough of Sandwich’s Forest Charter, I had found at least three further original Forest Charters previously misidentified or ignored. The earliest of these, of 1225, came to light amongst the muniments of Ely Cathedral, the most recent, of 1300, in the British Library. An original of 1300 at Oriel College seen by Blackstone, reported missing in 2007, had re-emerged safe and sound.

Thanks to modern technology, from Belfast to Maidstone is a mere click of the mouse. At 4.39 Greenwich meantime on the morning of 9 December last year, I sent an email (I have it in front of me) to Dr Mark Bateson. I have known Mark for nearly twenty years, first as an archivist at Canterbury Cathedral (where he was one of those who devised the magnificent catalogue of Canterbury’s medieval charters), and more recently following his transfer to Maidstone. I told him that I had found the reference to a Forest Charter , and as I noted in my email: ‘If this really is the 1300 Sandwich copy of the forest charter, issued under the seal of Edward I, then it is a major find. There are only a handful of such exemplifications still surviving as originals. It would also fundamentally alter our understanding of the way in which the charters of liberties were distributed for the later reissues of Magna Carta. Is there any chance of your taking a sneak preview?’

June 16, 2014

Magna Carta

Filed under: Britain, History, Liberty — Tags: , , , — Nicholas @ 08:35

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.

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