The Rights and Aspirations of the Magna Carta
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The Rights and Aspirations of the Magna Carta

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About This Book

This book provides an original and multidisciplinary approach on Magna Carta (1215) as a joint heritage, a source of inspiration both for long established democracies and countries which only recently experienced the Rule of Law. Far from simply extolling the virtues associated with Magna Carta, it explores the gaps of the Great Charter. Instead of dealing separately with the historians' and the lawyers' outlooks as two conflicting perspectives, it juxtaposes the views of medievalist and contemporary historians with those of practicing lawyers and law academics, offering readers a thorough yet accessible historic and legal analysis of the charter and its meaning for the citizens of twenty-first century democracies. At a time of the erosion of civil liberties and fundamental rights, The Rights and Aspirations of the Magna Carta provides a rare insight into the 1215 medieval charter and its legacy.

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Yes, you can access The Rights and Aspirations of the Magna Carta by Elizabeth Gibson-Morgan, Alexis Chommeloux, Elizabeth Gibson-Morgan,Alexis Chommeloux in PDF and/or ePUB format, as well as other popular books in History & European Medieval History. We have over one million books available in our catalogue for you to explore.

Information

Year
2016
ISBN
9783319427331
© The Author(s) 2016
Elizabeth Gibson-Morgan and Alexis Chommeloux (eds.)The Rights and Aspirations of the Magna Carta10.1007/978-3-319-42733-1_1
Begin Abstract

1. King John, Magna Carta and the Thirteenth-Century English Church

Elizabeth Gemmill1
(1)
Kellogg College Oxford, Oxford, UK
Elizabeth Gemmill
End Abstract
The commemoration of the 800th anniversary of the sealing of Magna Carta at Runnymede on 15 June 2015 was attended by Her Majesty the Queen and other members of the royal family, the archbishop of Canterbury, the Prime Minister, the United States attorney general and a host of other guests and onlookers. Indeed the celebrations have reached far beyond academic circles and far beyond England. Historians of the thirteenth century enjoy unwonted celebrity status; scholarly books published in the anniversary year are pitched to appeal to wide audiences 1 and the websites of the Magna Carta Trust, 2 the British Library 3 and The National Archives 4 use a combination of texts, illustrations and video clips to bring this justly famous document and the circumstances of its making to global audiences. The anniversary has inspired creativity of many kinds—plays, 5 children’s books, a television series, 6 even songs, all showing how the celebration of ‘heritage’ has become a social phenomenon. The commemorations have engaged with the myths surrounding Magna Carta; indeed, these, and the commemorative events themselves and the ways in which we communicate about them, have become a part of Magna Carta’s history, creating as they do a record of how the Charter has been and is perceived to be relevant and precious today, in England, Europe and the wider world.
The grantor of this great charter, King John, lies in the choir of Worcester cathedral. His tomb and effigy suggest a king reconciled with his maker, prompting us to consider the nature of John’s relations with the Church. Accordingly this chapter examines John’s personal piety; the sacred nature of kingship as proclaimed in Magna Carta; the role of churchmen in counselling the king; and the issue of elections and the interdict. We examine the legacy of Magna Carta, in terms of elections and more generally in terms of ecclesiastical patronage—the king’s own and those of the nobility.
Thirteenth-century chroniclers are at the root of John’s personal reputation which, despite the efforts of historians focussing on administrative rather than narrative sources to cast him in a favourable light, has generally tended to be poor. 7 Perhaps most damning was the couplet by a ‘certain reprobate poet’ which the monk of St Albans, Matthew Paris, inserted in his chronicle to the effect that John befouled Hell itself. His own rather pious wish of course was that some good deed done during his life would speak on his behalf before the tribunal of Jesus Christ and he went on to speak of John’s building of Beaulieu abbey and his dying gift of land to Croxton abbey. 8 John’s foundation of the Cistercian house of Beaulieu in 1204 was, indeed, said to be an act of contrition for his persecution of the Cistercians. 9
John was genuinely devoted to certain English saints, visiting the shrines of three (St Thomas, St Alban and St Edmund), straight after his coronation. 10 The contemporary description of his visit to Bury St Edmunds is specially telling because the engaging Jocelin of Brakelond is narrating a story about John’s meanness, not about his piety. The monks were hoping for a generous gift but were disappointed for all he did was return a silk cloth (which his servants had borrowed anyway from the monks) and to make a modest cash present. Jocelin deplored the king’s taking St Edmund’s hospitality without offering much in return; but he let slip that John had come as a consequence of a vow and having a special devotion to St Edmund; and the 13 s which he did give were offered during the Mass on the last day of the visit. 11
Finally, it seems to have been John’s devotion to St Wulfstan which was the main reason why he was laid to rest inWorcester. He was the first of his dynasty to be buried in England (his parents, brother and later his wife were buried at Fontevrault), and the first king to be buried in an English cathedral since William Rufus, who was hastily interred at Winchester in 1100. 12 John, in his last days before his death at Crowland abbey, left a testament indicating his wish to be buried at Worcester in the church of Blessed Mary and St Wulfstan, although his earlier intention had been that he be interred in a Cistercian house of his foundation. 13 John’s interest in Wulfstan was not, however, purely personal; he enlisted (somewhat obliquely) the story of how Wulfstan had refused to give up his bishopric of Worcester to William the Conqueror and had instead fixed it in the tomb of Edward the Confessor who had given it to him. Only St Wulfstan could remove it. 14
There is a contradiction at the heart of Magna Carta. It was a royal charter—an affirmation of the king’s right to make grants that no other person or institution could. There were sections of the Charter that affirmed royal authority or even (especially in the reissues) took it to new levels .Indeed the thirteenth century was a period in which the Crown claimed as never before that there were certain rights which it was its special prerogative to give. Yet, at the same time, Magna Carta was wrested from a king whose relationships with his barons had broken down so utterly that he was forced to make concessions that struck at the core of his monarchical and lordly power. Magna Carta needed to codify law and custom because John had disregarded them. At a time when it was becoming increasingly desirable to be in possession of ‘muniments’—written evidence of title—it was necessary to embody the whole community’s liberties—or the limitations on royal power—in a written document. In fact the thirteenth century was a period in which a number of European rulers granted charters of liberties to their subjects. For example, the Statute of Pamiers was granted in 1212 by Simon de Montfort, leader of the crusade against the Albigensian heretics, to establish laws for the crusader state of Toulouse. 15
The preamble to the Charter recognised the king’s rule under God and addressed the influential in the kingdom, both ecclesiastical and secular, and the hierarchy of royal ministers 16 :
John, by the grace of God, king of England, lord of Ireland, duke of Normandy and Aquitaine, count of Anjou, to his archbishops, bishops, abbots, earls, barons, justices, foresters, sheriffs, reeves, ministers, and all his bailiffs and faithful men, greeting.
The charter proceeded to explain the king’s motives and intent:
inspired by God and for the salvation of our soul, and for the souls of all our ancestors and heirs, for the honour of God and the exaltation of holy church, and the reform of our kingdom.
Thus the preamble affirmed the sacred nature of medieval kingship and associated the spiritual standing of the king with the political state of his realm. The idea was not of course new, but John’s reign had experienced the harsh realities of the link in the period of the interdict which Pope Innocent III had imposed on England in 1208. The interdict—spiritual sanctions on a country or region, depriving its inhabitants of the benefits of the sacraments of the Church (with some few exceptions) had been imposed because of John’s refusal to accept Stephen Langton as archbishop of Canterbury. Indeed, the political messages in the pope’s letters, which form a uniquely valuable source for our understanding of the relationships between England and the papacy in this crucial period, use spiritual language throughout—that of the spiritual father correcting the transgressions of a wayward but much beloved son – in order to persuade him to return to the path of political obedience. The sphere of spiritual authority—the boundary to the pope’s power over him—was, of course, precisely the issue. According to the Burton annals, John, when meeting with the papal legates at Northampton in 1211, told them:
I admit that the lord pope is my spiritual father, and that he is in the place of Blessed Peter, and that I must obey him, that is, in spiritual matters; but in earthly things which belong to my crown, never. 17
The very layout of Magna Carta symbolises the difficulties of drawing those boundaries: its first main clause granted the Church its liberties and thus appeared to treat the clergy separately from the rest. Between the clause granting liberty to the Church was another brief preamble introducing the liberties of all free men, as though these were another category entirely. Yet, bishops and abbots were great landowners under the Crown and owed military service to the king. Clauses in Magna Carta affecting landowners affected them too. Clause 60 of the charter required all men, both clerks and laymen, to observe the liberties granted in Magna Carta towards their own men; and clause 62 pardoned all the ‘ill will, indignation and rancour’ between the king and his men, clerk and lay. 18 And the archbishops and bishops named in the preamble, and Mast...

Table of contents

  1. Cover
  2. Frontmatter
  3. 1. King John, Magna Carta and the Thirteenth-Century English Church
  4. 2. Magna Carta 1815–2015: Filling Up the Gaps
  5. 3. UK Supreme Court Versus US Supreme Court: Modern Use of Magna Carta
  6. 4. Exploring the Magna Carta and Governmental Immunity Doctrines: The View from the United States
  7. 5. A New Magna Carta? The Written Constitution Debate in the United Kingdom
  8. 6. ‘Omnibus liberis hominibus’: The Rights of Refugees, Migrants and Exiles
  9. 7. Where Is Magna Carta Today?
  10. 8. Magna Carta and the Charter of the European Union
  11. Backmatter