IV.

History of the Charter

Enforcement of the Magna Carta was entrusted to 25 barons who were authorized by the document to use force if necessary to make the king obey the agreement. Despite this measure, the Magna Carta was valid for only a very short time. Almost immediately, John applied to the pope in Rome to invalidate the document. John argued that his promise to uphold the agreement had been extorted by force. The pope agreed and nullified the Magna Carta. The significance of the Magna Carta lies in its revival—not once but several times—during English history.

A.

Revival During the Middle Ages

When news of the annulment of the Magna Carta reached England in the autumn of 1215, the barons revolted again and with greater success. During the conflict, John died in October 1216 and was succeed by Henry III, his nine year-old son. Several barons who remained loyal to John established a council to rule for Henry III. In an attempt to end the rebellion and as a gesture of good government, the council reissued the Magna Carta. However, they removed from it the clauses that concerned King John alone. In 1217 they reissued the charter with additional changes. Finally, in 1225, Henry III reissued the Magna Carta in his name. The text of the 1225 version differed little from that of the 1217 document and has since become the legally binding version.

Henry III periodically pledged to abide by the Magna Carta as a promise to his barons that he would rule fairly. Later kings also pledged to uphold the Magna Carta as a way of improving relations with their barons. Between 1450 and 1600, however, the Magna Carta ceased to be an influential document or a factor in political debates or public discussion.

B.

Modern History

The importance of the Magna Carta lies more in its symbolism than in its words. As a result, many modern rights have been based on the Magna Carta that were unknown in the 13th century, including habeas corpus and the principle of no taxation without representation. Neither of these concepts existed in the original Magna Carta of 1215 but both became accepted as English law during the early 17th century.

At that time, members of Parliament, the English legislative assembly, who opposed the rule of the Stuart kings of England and sought a reduction of royal powers relied upon the Magna Carta. It was cited as an authority in the Petition of Right of 1628. It was also cited in the debates that culminated in the Habeas Corpus Act of 1679, which prohibited the imprisonment of citizens without just cause. The use of the Magna Carta in these debates gave it a renewed prominence as a guarantee of the rights of citizens. The Magna Carta remains prominent and influential to this day.

Four copies of the original Magna Carta still exist. All are in England—two in the British Library in London, one in Salisbury Cathedral, and one in Lincoln Cathedral.