A Source Book of Mediæval History: Documents Illustrative of European Life and Institutions from the German Invasions to the Renaissance
History
A Source Book of Mediæval History: Documents Illustrative of European Life and Institutions from the German Invasions to the Renaissance
Middle Ages -- Sources
No document in the history of any nation is more important than the
Great Charter; in the words of Bishop Stubbs, the whole of the
constitutional history of England is only one long commentary upon it.
Its importance lay not merely in the fact that it was won from an
unwilling sovereign by the united action of nobles, clergy, and
people, but also in the admirable summary which it embodies of the
fundamental principles of English government, so far as they had
ripened by the early years of the thirteenth century. The charter
contained almost nothing that was not old. It was not even an
instrument, like the Constitution of the United States, providing for
the creation of a new government. It merely sought to gather up within
a single reasonably brief document all the important principles which
the best of the English sovereigns had recognized, but which such
rulers as Richard and John had lately been improving every opportunity
to evade. The primary purpose of the barons in forcing the king to
grant the charter was not to get a new form of government or code of
laws, but simply to obtain a remedy for certain concrete abuses, to
resist the encroachments of the crown upon the traditional liberties
of Englishmen, and to get a full and definite confirmation of these
liberties in black and white. Not a new constitution was wanted, but
good government in conformity with the old one. Naturally enough,
therefore, the charter of 1215 was based in most of its important
provisions upon that granted by Henry I. in 1100, even as this one was
based on the righteous laws of the good Edward the Confessor. And
after the same manner the charter of King John, in its turn, became
the foundation for all future resistance of Englishmen to the evils of
misgovernment, so that very soon it came naturally to be called _Magna
Charta_--the Great Charter--by which designation it is known to this
day.
King John was in no true sense the author of the charter. Many weeks
before the meeting at Runnymede the barons had drawn up their demands
in written form, and when that meeting occurred they were ready to lay
before the sovereign a formal document, in forty-nine chapters, to
which they simply requested his assent. This preliminary document was
discussed and worked over, the number of chapters being increased to
sixty-two, but the charter as finally agreed upon differed from it
only in minor details. It is a mistake to think of John as "signing"
the charter after the fashion of modern sovereigns. There is no
evidence that he could write, and at any rate he acquiesced in the
terms of the charter only by having his seal affixed to the paper. The
original "Articles of the Barons" is still preserved in the British
Museum, but there is no _one_ original Magna Charta in existence.
Duplicate copies of the document were made for distribution among the
barons, and papers which are generally supposed to represent four of
these still exist, two being in the British Museum.
Public-domain text, read in full here on John Shaqi.
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