There is only a single clause dealing with the grievances of the English
Church, although Archbishop Langton had been the principal adviser in
the drafting of the whole document. This clause, "that the English
church shall be free," was, however, sufficiently broad to cover all
demands. The reason that Langton did not descend to details was that the
king had already conceded the right of free canonical election and the
other claims of the clerical order in a separate charter, so that there
was no need to discuss them at length.
The special clauses for the benefit of the city of London were
undoubtedly inserted as a tribute of gratitude on the part of the barons
for the readiness which the citizens had shown in adhering to their
cause. There are other sections for the benefit of the commons in
general, such as that which gives merchants full right of leaving or
entering the realm with their goods on payment of the fixed ancient
custom dues. But these clauses are less numerous than might have been
expected--the framers of the document were, after all, barons and not
burghers.
The most surprising part of the Great Charter to modern eyes is its
sixty-first paragraph, that which openly states doubts as to the king's
intention to abide by his promise, and appoints a committee of
twenty-five guardians of the charter (twenty-four barons and the mayor
of London), who are to coerce their master, by force of arms if
necessary, to observe every one of its clauses. The twenty-five were to
hear and decide upon any claims and complaints preferred against the
king, and to keep up their numbers by co-optation, so that it would seem
that the barons intended to keep a permanent watch upon the crown. The
clause seems unnecessarily harsh and violent in its wording; but it must
be remembered that John's character was well known, and that it was
useless to stand on forms of politeness when dealing with him. It seems
certain that the drafters of the charter were honest in their
intentions, and did not purpose to set up a feudal oligarchy in the
place of a royal autocracy. They were only insisting on the maintenance
of what they believed to be the ancient and laudable customs of the
realm.
That the barons were right to suspect John is sufficiently shown by his
subsequent conduct. His pretence of keeping his promise lasted less
than two months; by August 1215 he was already secretly collecting money
and hiring more mercenaries. He wrote to Rome to beg the pope to annul
the charter, stating that all his troubles had come upon him in
consequence of his dutiful conduct to the Holy See. He also stated that
he had taken the cross as a crusader, but could not sail to Palestine as
long as his subjects were putting him in restraint. Innocent III. at
once took the hint; in September Archbishop Langton was suspended for
disobedience to papal commands, and the charter was declared
uncanonical, null and void. The "troublers of the king and kingdom" were
declared excommunicate.
Public-domain text, read in full here on John Shaqi.
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