It is June 1215. Thousands of tents line the water meadows of Runnymede, on the banks of the Thames, as England’s worst ever King, John, meets the ranks of his rebellious barons, to negotiate peace. Drafts of a treaty are circulated, setting out what will become foundational principles of our nation-state in the document known as Magna Carta.
King John is reluctant to accept the idea that the monarch should be subject to the rule of law, and he believes God — at least in the form of Pope Innocent — is on his side. But John is at an impasse. He cannot defeat the barons, who now hold London. And Pope Innocent is far away.
The worst clause in Magna Carta, from John’s perspective, is the one which gives authority to 24 Barons to adjudicate disputes, and overrule the king if they believe he is breaking the law — known to us as “Security Clause”, or Clause 61. So, John pulls off one last trick: he attaches his seal to the document before the barons have chosen their 24 names. The chance to name them in writing is gone, and by the time John’s son Henry III re-issues Magna Carta in November 1216, after his father’s death, that crucial clause is gone. Yes: the king is subject to the law in theory. But there is no mechanism to enforce that law.
Despite its flaws, we British love Magna Carta. But what if John, who reignited the civil war by trying to flout its restrictions almost immediately, had never agreed to it?
The barons hated their king. The medieval chronicler Matthew Paris gave a good sense of the esteem in which the monarch was held when he wrote upon his death in October 1216: “Foul as it is, hell itself is defiled by the foulness of John.” John’s greatest predilections were for arbitrary justice and punitive taxation, much of which might have been forgiven if he hadn’t also had a remarkable ability to lose the expensive wars on which he embarked.
He lost all the territory in France that his father, Henry II, had conquered, and when he attempted to retake those lands in the Anglo-French War of 1213-14, he was comprehensively defeated at the Battle of Bouvines in July 1214. The barons, who had been taxed through the nose to pay for this war, were furious. It is hard to overstate their determination to bring the king under the rule of law.
To do so they forged allegiances with Alexander II, King of Scotland, and Llewelyn the Great, the Welsh Prince, and both rulers took up arms against John — despite the fact that each was married to one of his daughters.
Join the discussion
Join like minded readers that support our journalism by becoming a paid subscriber
To join the discussion in the comments, become a paid subscriber.
Join like minded readers that support our journalism, read unlimited articles and enjoy other subscriber-only benefits.
Subscribe