The Clause That Outlived the King

Medieval Europe · 15 June 1215

The Clause That Outlived the King

A failed peace treaty accidentally invents a limit on power

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The opening line names the king and the bishops and barons whose counsel he is said to be following. He sealed it; nobody signed.

The opening line names the king and the bishops and barons whose counsel he is said to be following. He sealed it; nobody signed.

It was not a declaration of rights and it was not meant to last. In June 1215, in a meadow at Runnymede between Windsor and Staines, a group of English barons in open rebellion forced King John to seal a long, technical document settling their grievances: scutage rates, forest boundaries, fish weirs on the Thames, the treatment of widows, the expulsion of a named list of foreign mercenaries. Most of its 63 clauses are about the specific complaints of a few dozen wealthy men in a specific year, and its purpose was to end a civil war. It did not. John wrote to the pope, who annulled the charter within ten weeks as shameful and extorted, and the war resumed; John died of dysentery the following year with the country still in pieces. The document should have vanished with him. Instead his son's regents reissued it to buy support, and reissued it again, and by 1297 a revised version was on the statute rolls, at which point it stopped being a treaty and started being law. What kept it alive is two clauses about ordinary justice, still on the books in England today. No free man shall be seized or imprisoned, or stripped of his rights or possessions, except by the lawful judgement of his equals or by the law of the land. To no one will we sell, to no one deny or delay, right or justice. In 1215 free man meant a small minority of the population, and the barons who insisted on it were not thinking about anyone below them. But the words were general, and general words get borrowed. Seventeenth-century lawyers used them against the Stuarts, American colonists used them against Parliament, and the phrase due process of law traces to a fourteenth-century restatement of that clause. Four originals from 1215 survive. This one is in the British Library, and it was in a fire in 1731; a librarian pulled it out, and later cleaning cost it its seal. The handwriting is a scribe's, run edge to edge without paragraph breaks to save parchment, and the king's name appears in the first line among a long list of the bishops and barons whose advice he is supposed to be taking. He never signed it. Kings did not sign; a seal was pressed into wax and the thing was done.

Magna Carta, 1215, British Library Cotton MS Augustus II.106