THE  HISTORY  OF  THE  ENGLISH  SPEAKING  PEOPLES


by  Winston  Churchill


BOOK TWO

CHAPTER FIFTEEN

Magna Carta


THE character of the prince who now ascended the throne of England and became lord of Normandy, Anjou, Tou-raine, and Maine, claimant to Brittany and heir to Queen Eleanor's Aquitaine, was already well known. Richard had embodied the virtues which men admire in the lion, but there is no animal in nature that combines the contradictory qualities of John. He united the ruthlessness of a hardened warrior with the craft and subtlety of a Machiavellian. Although from time to time he gave way to furious rages, in which "his eyes darted fire and his countenance became livid," his cruelties were conceived and executed with a cold, inhuman intelligence. Monkish chroniclers have emphasised his violence, greed, malice, treachery, and lust. But other records show that he was often judicious, always extremely capable, and on occasions even generous. He possessed an original and inquiring mind, and to the end of his life treasured his library of books. In him the restless energy of the Plantagenet race was raised to a furious pitch of instability. A French writer,1 it is true, has tried to throw the sombre cloak of madness over his moral deformities, but a study of his actions shows John gifted with a deep and persistent sagacity, of patience and artifice, and with an unshakable resolve, which he fulfilled, to maintain himself upon the throne while the breath was in his body. The difficulties with which he contended, on the whole with remarkable success, deserve cool and attentive study. Moreover, when the long tally is added it will be seen that the British nation and the English-speaking world owe far more to the vices of John than to the labours of virtuous sovereigns; for it was through the union of many forces against him that the most famous milestone of our rights and freedom was in fact set up.


Although Richard had declared John to be King there were two views upon the succession. Geoffrey, his elder brother, had left behind him a son, Arthur, Prince of Brittany. It was already possible to hold that this grandson of Henry II of an elder branch had a prior right against John, and that is now the law of primogeniture. William the Marshal put the point before the Archbishop of Canterbury, but they both decided that John had the right. Queen Eleanor stood by her son against the grandson, whose mother she had never liked. John was accepted without demur in England. In the French provinces however the opposite view prevailed. Brittany in particular adopted Arthur. The King of France and all French interests thought themselves well served by a disputed succession and the espousal of a minor's cause. Those who had supported Richard against his father, and John against Richard, found it logical to support Arthur against John. Moreover, John's irreverence on high State occasions gave offence to the Church. An evil omen sprang at the outset from his levity. When in Rouen he was handed the symbolic lance of the Dukes of Normandy he turned to make some jocular remark to his attendant courtiers and let the weapon fall to the ground.


With the accession of John there emerges plainly in the northern French provinces a sense of unity with one another and with the kingdom of France; at the same time on this side of the Channel the English baronage became ever more inclined to insular and even nationalistic ideas. Ties with the Continent were weakening through the gradual division of honours and appanages in England and Normandy between different branches of Anglo-Norman families. Moreover, the growing brilliance of the French Court and royal power in the late twelfth century was a powerful magnet which drew Continental loyalties to Paris. King John found himself compelled to fight at even greater odds than his predecessors for his possessions on the Continent. He was also opposed by an increasing resistance to taxation for that purpose in England. In his coronation sermon the Archbishop is said to have mentioned that the English monarchy was in essence elective rather than hereditary. If, as was generally held, continuity with Edward the Confessor and the Anglo-Saxon kings was to be respected, many good precedents, Alfred the Great among them, could be cited for the doctrine. If the Archbishop preached in this sense there is no doubt he did so with John's full consent. But the principle of picking and choosing among the royal personages by no means weakened the claims of Arthur in regions where his sovereignty was desired.


From the first John feared Arthur. He had been in Brittany and at Arthur's Court when the news of Richard's death reached him. He had made good haste out of so dangerous an area. Arthur was received at Le Mans with enthusiasm. He did homage to Philip for Anjou, Maine, and Touraine. John's strength lay only in Aquitaine and in Normandy. The war and negotiations continued in the fitful style of the preceding reign, but without the prestige of Coeur de Lion on the side of the English Crown. In 1202 Philip, as John's overlord in respect of certain territories, issued a summons in due form citing John before his Court to answer charges made against him by the barons of Poitou. John replied that he was not amenable to such a process. Philip answered that he was summoned as Count of Poitou. John declared that the King of England could not submit himself to such a trial. Philip rejoined that the King of France could not lose his rights over a vassal because that vassal happened to acquire another dignity. All legal expedients being exhausted, John, who was not even promised safe-conduct for his return, refused to attend the Court, and was accordingly sentenced to be deprived of all the lands which he held in France because of his failure of service to his overlord. Thus armed with a legal right recognised by the jurists of the period, Philip invaded Normandy in the summer of 1202, capturing many towns with practically no resistance. The French king knighted Arthur, invested him with all the fiefs of which John had.been deprived, except Normandy and Guienne, and betrothed him to his daughter Mary. Arthur was now sixteen.


When we reflect that the French provinces counted just as much with the Plantagenet kings as the whole realm of England it is obvious that a more virtuous man than John would be incensed at such treatment, and its consequences. His pent-up feelings roused in him an energy unexpected by his foes.

Arthur, hearing that his grandmother Eleanor was at the castle of Mirebeau in Poitou with a scanty escort, surrounded the castle, stormed the outworks, and was about to gain custody, of this important and hostile old Queen. Eleanor contrived in the nick of time to send word to John, who was at Le Mans. Her son with ample forces covered the eighty miles between them in forty-eight hours, surprised Arthur and the besiegers at daybreak, and, as he declared, "by the favour of God" got the lot. Arthur and all who stood with him, Hugh Lusignan and a cluster of barons who had revolted, two hundred knights or more, fell at a stroke into John's power, and his mother was delivered from her dangerous plight.


Arthur was imprisoned at Falaise and then at Rouen. No one doubted that he lay in mortal peril. All those barons of Brittany who were still loyal to John asked that the Prince should be released, and on John's refusal went into immediate rebellion. John felt that he would never be safe so long as Arthur lived. This was certainly true. The havoc of disunity that was being wrought throughout the French provinces by the French king using Arthur as a pawn might well have weighed with a better man than John. Arthur, caught in open fight besieging his own grandmother, was a prisoner of war. The horrid crime of murder has often been committed for reasons of state upon lesser temptations than now assailed this exceptionally violent king. 


No one knows what happened to Arthur. An impenetrable veil descends upon the tragedy of Rouen. The officer commanding the fortress, one Hubert de Burgh, of whom more and better hereafter, gave out that upon the King's order he had delivered his prisoner at Easter 1203 to the hands of agents sent by John to castrate him, and that Arthur had died of the shock. This explanation by no means allayed the ill-feeling aroused in Brittany and elsewhere. Hubert then declared that Arthur was still alive, and John stated that he was glad his orders had been disobeyed. However it may be, Arthur was never seen again. That he was murdered by John's orders was not disputed at the time nor afterwards, though the question whether or not he was mutilated or blinded beforehand remains unanswered.


Although high nobles and common people in large numbers were in those times frequently put to death without trial and for reasons of hate or policy, the murder by a king of an equal confirmed the bad impression which all the world had formed of John. Moreover, the odious crime did not prevent but rather hastened the loss of Normandy.


Arthur had been removed, but John failed to profit by his crime. For Arthur was no more than Philip Augustus's tool, and his disappearance left unchanged the iron purpose of the French king. Against this persistency Richard had roused men's devotion, but John's nature inspired none. Brittany and the central provinces of the Angevin Empire revolted, Philip had come to terms with each province, and at Easter 1203 he made a voyage down the Loire to Saumur. A deep wedge had already been driven between the northern and the southern halves of John's Continental possessions. Having encircled Normandy, Philip prepared to strike at the stronghold of the Angevin power. John, awake to his danger, poured in treasure and supplies to strengthen his defences. The military position was not yet desperate, and if John had not at the end of 1203 after a series of savage but ineffectual raids precipitately quitted Normandy he might, drawing supplies from England, have held the duchy indefinitely. But, as Philip took fortress after fortress in Central Normandy, John's nerve failed, and the Normans, not unwilling to find an excuse for surrender, made English indifference their justification. In March 1204 Richard's "fair child," the frowning Chateau Gaillard, fell, and the road to Rouen lay open. Three months later the capital itself was taken, and Normandy finally became French.

No English tears need have been shed over this loss. The Angevin Empire at its peak had no real unity. Time and geography lay on the side of the French. The separation proved as much in the interest of England as of France. It rid the Island of a dangerous, costly distraction and entanglement, turned its thought and energies to its own affairs, and above all left a ruling class of alien origin with no interest henceforth that was not English or at least insular. These consolations did not however dawn on John's contemporaries, who saw only disastrous and humiliating defeat, and blamed a King already distrusted by the people and at variance with the nobility.


The very success of Henry 11 in re-establishing order and creating an efficient central administration had left new difficulties for those who came after him. Henry II had created an instrument so powerful that it needed careful handling. He had restored order only at the cost of offending privilege. His fiscal arrangements were original, and drastic in their thoroughness. His work had infringed feudal custom at many points. All this had heen accepted because of the King's tactful management and in the reaction from anarchy. Richard I, again, had left England in the hands of able administrators, and the odium of their strict government and financial ingenuity fell on them directly, and stopped short of the King, radiant in the halo of a Crusader and fortunate in his absence. John was at hand to bear the brunt in person.


John, like William Rufus, pressed to logical limits the tendencies of his father's system. There were arrears in the payment of scutage from Richard's reign, and more money was needed to fight the French King, Philip Augustus. But a division had opened in the baronage. The English barons of John's reign had become distinct from his Norman feudatories and not many families now held lands on both sides of the Channel. Even King Richard had met with refusals from his English nobles to fight abroad. Disputes about foreign service and payment of scutage lay at the root of the baronial agitation. By systematic abuse of his feudal prerogatives John drove the baronage to violent resistance. English society was steadily developing. Class interests had assumed sharper definition. Many barons regarded attendance or suit at Court as an opportunity for exerting influence rather than for rendering dutiful service. The sense of Church unity grew among the clergy, and corporate feeling in the municipalities. All these classes were needed by the new centralised Government; but John preferred to emphasise the more ruthless aspects of the royal power.


The year 1205 brought a crisis. The loss of Normandy was followed by the death of John's mother, Eleanor, to whose influence he had owed much of his position on the mainland. The death of Hubert Walter, who for the last ten years had controlled the whole machinery of administration, deprived him of the only statesman whose advice he respected and whose authority stood between the Crown and the nation. It also reopened the thorny question of who should elect the Archbishop of Canterbury.


The Papal throne at this time was occupied by Innocent HI, one of the greatest of the medieval Popes, renowned for his statecraft and diplomacy, and intent on raising to its height the temporal power of the Church. The dispute between John and the monastery of Canterbury over the election to the Archbishopric offered Innocent the very chance he sought for asserting Papal authority in England. Setting aside the candidates both of the Crown and of the Canterbury clergy, he caused Stephen Langton to be selected with great pomp and solemnity at Rome in December 1206. King John, confident of sufficient influence in the Papal Court to secure the election of his own candidate, had imprudently acknowledged the validity of the Papal decision beforehand. It was with pardonable anger that he learned how neatly Innocent had introduced a third and successful candidate, whose qualifications were unimpeachable. Stephen Langton was an English cardinal of the highest character, and one of the most famous doctors of the Paris schools. In his wrath, and without measuring the strength of his opponents, the King proceeded to levy a bloodless war upon the Church. Innocent III and Stephen Langton were not men to be browbeaten into surrender, and they possessed in an age of faith more powerful weapons than any secular monarch. When John began to persecute the clergy and seize Church lands the Pope retaliated by laying all England under an interdict. For more than six years the bells were silent, the doors of the churches were closed against the devout; the dead must be buried in unconsecrated ground and without the last communion. Many of John's subjects were assured of damnation for themselves or their loved ones on this account alone.


When John hardened his heart to the interdict and redoubled the attacks upon Church property, the Pope, in 1209, took the supreme step of excommunication. The King's subjects were thereby absolved from their allegiance; his enemies received the blessing of the Church and were sanctified as Crusaders. But John was stubborn and unabashed. Interdict and excommunication brought no ghostly terrors to his soul. Indeed they aggravated the violence of his measures to a point which his contemporaries could only attribute to insanity. The royal administration, never more efficient, found little difficulty in coping with the fiscal and legal problems presented to it or in mamtaining order. The interdict, if a menace, was also an opportunity for which John's plans were well matured. The ecclesiastical property of clerics who fled abroad was seized as forfeit by the Crown; and as more and more bishoprics and abbeys fell vacant their revenues were exploited by royal custodians. Thus the Exchequer overflowed with, the spoils. But for the combination of the Church quarrel with stresses of mundane politics, the Crown might have established a position not reached till the days of Henry VIII.

After the loss of Normandy John had embarked upon a series of grandiose schemes for a Continental alliance against Philip Augustus. He found allies in the Emperor Otto IV and the Counts of Toulouse and Flanders; but bis breach with the Church hastened a far more formidable league between the King of France and the Papacy, and in 1213 he had to choose between submission and a French invasion, backed by all the military and spiritual resources which Innocent III could set in motion. The King's insecurity at home forced him to bow to the threat, and Innocent rejoiced in victory upon his own terms.


John however was not at the end of his devices, and by a stroke of cunning choice enough to be called political genius he turned defeat into something very like triumph. If he could not prevail he would submit; if he submitted he would repent; if he repented there must be no limits to his contrition. At all costs he must break the closing circle of his foes. He spread before Innocent HI the lure of temporal sovereignty which he knew that the Pontiff could never resist. He offered to make England a fief of the Papacy, and to do homage to the Pope as his feudal lord. Innocent leapt at this addition to his worldly dignities. He forgave the penitent King; he took him and the realm of England under his especial protection. He accepted the sovereignty of England from the hands of John, and returned it to him as his vassal with his blessing.


This turned the tables upon John's secular enemies. He was now the darling of the Church. Philip Augustus, who at heavy expense had gathered his armies to invade England as a Crusader for his own purposes, thought himself ill-used by the sudden tergiversation of his spiritual ally. He was indignant, and not at all inclined to relinquish the prey he had so long held in view. The barons also found meagre comfort in this transformation. Their grievances remained unredressed, their anger unappeased. Even in the English Church there was a keen division. The English Episcopacy saw themselves now carried into a subjection to Rome far beyond what their piety or interests required, and utterly at variance with the tradition in which they had been reared. Obedience to the Supreme Pontiff was a sacred duty, but it could be carried into excessive interpretations. Stephen Langton himself, the Pope's elect, was as good an Englishman as he was a Churchman. He foresaw the unbridled exploitation by Rome of the patronage of the English Church and the wholesale engrossment of its benefices by Italian nominees. He became almost immediately an opposing force to the Pope. King John, who had lain at Dover, quaking but calculating, may have laughed while he pulled all these strings and threw his enemies into confusion.


Both John and Innocent persevered in their new partnership, and the disaffected barons drew together under the leadership of Stephen Langton. The war with the French king was continued, and John's demands in money and service kept the barons' anger hot. In' 1214 an English expedition which John had led to Poitou failed. In Northern France the army led by his nephew, Otto of Saxony, and by the Earl of Salisbury, was defeated by King Philip at Bouvines. This battle destroyed in a day the whole Continental combination on which John's hopes had been based. Here again was the opportunity of the King's domestic enemies. They formed plans to restrain the rule of a despotic and defeated King, and openly threatened revolt unless their terms were accepted. Left to themselves, they might have ruined their cause by rancorous opposition and selfish demands, but Archbishop Langton, anxious for a just peace, exercised a moderating influence upon them. Nor could John, as a Papal vassal, openly disregard Langton's advice.


But John had still one final resource. Encouraged by the Pope, he took the vows of a Crusader and invoked sentence of excommunication upon his opponents. This was not denied him. The conditions of 1213 were now entirely reversed. The barons, who had thought to be Crusaders against an excommunicated King, were now under the ban themselves. But this agile use of the Papal thunders had robbed them of some of their virtues as a deterrent. The barons, encouraged by the King's defeat abroad, persisted in their demands in spite of the Papal Bull. A great party in the Church stood with them. In vain did John manoeuvre, by the offer to grant freedom of election to the Church, to separate the clergy from the barons. Armed revolt seemed the only solution. Although in the final scene of the struggle the Archbishop showed himself unwilling to go to the extreme of civil war, it was he who persuaded the-barons to base their demands upon respect for ancient custom and law, and who gave them some principle to fight for besides their own class interests. After forty years experience of the administrative system established by Henry 11 the men who now confronted John had advanced beyond the magnates of King Stephen's time. They had learned to think intelligently and constructively. In place of the King's arbitrary despotism they proposed, not the withering anarchy of feudal separatism but a system of checks and balances which would accord the monarchy its necessary strength, but would prevent its perversion by a tyrant or a fool. The leaders of the barons in 1215 groped in the dim light towards a fundamental principle. Government must henceforward mean something more than the arbitrary rule of any man, and custom and the law must stand even above the King. It was this idea, perhaps only half understood, that gave unity and force to the barons' opposition and made the Charter which they now demanded imperishable.


On a Monday morning in June, between Staines and Windsor, the barons and Churchmen began to collect on the great meadow at Runnymede. An uneasy hush fell on them from time to time. Many had failed to keep their tryst; and the bold few who had come knew that the King would never forgive this humiliation. He would hunt them down when he could, and the laymen at least were staking their lives in the cause they served. They had arranged a little throne for the King and a tent. The handful of resolute men had drawn up, it seems, a short document on parchment. Their retainers and the groups and squadrons of horsemen in sullen steel kept at some distance and well in the background. For was not armed rebellion against the Crown the supreme feudal crime? Then events followed rapidly. A small cavalcade appeared from the direction of Windsor. Gradually men made out the faces of the King, the Papal Legate, the Archbishop of Canterbury, and several bishops. They dismounted without ceremony. Someone, probably the Archbishop, stated briefly the terms that were suggested. The King declared at once that he agreed. He said the details should be arranged immediately in his chancery. The original "Articles of the Barons" on which Magna Carta is based exist to-day in the British Museum. They were sealed in a quiet, short scene, which has become one of the most famous in our history, on June 15, 1215. Afterwards the King returned to Windsor. Four days later, probably, the Charter itself was probably engrossed. In future ages it was to be used as the foundation of principles and systems of government of which neither King John nor his nobles dreamed.


At the beginning of the year 1216 there had seemed to be every chance that John would still defeat the baronial opposition and wipe out the humiliation of Runnymede. Yet before the summer was out the King was dead, and the Charter survived the denunciation of the Pope and the arbitrament of war. In the next hundred years it was reissued thirty-eight times, at first with a few substantial alterations, but retaining its original characteristics. Little more was heard of the Charter until the seventeenth century. After more than two hundred years a Parliamentary Opposition struggling to check the encroachments of the Stuarts upon the liberty of the subject rediscovered it and made of it a rallying cry against oppression. 


Thus was created the glorious legend of the "Charter of an Englishman's liberties."


If we set aside the rhetorical praise which has been so freely lavished upon the Charter, and study the document itself, we may find it rather surprising reading. It is in a form resembling a legal contract, and consists of sixty-one clauses, each dealing either with the details of feudal administration and custom or with elaborate provisions for securing the enforcement of the promises which it embodies. It is entirely lacking in any spacious statement of the principles of democratic government or the rights of man. It is not a declaration of constitutional doctrine, but a practical document to remedy current abuses in the feudal system. 


In the forefront stand the questions of scutage, of feudal reliefs and of wardship. The word "freeman" was a technical feudal term, and it is doubtful whether it included even the richer merchants, far less the bondmen or humbler classes who make up the bulk of a nation. It implies on the King's part a promise of good government for the future, but the terms of the promise are restricted to the observance of the customary privileges and interests of the baronial class. The barons on their part were compelled to make some provision for their tenants, the limits forced on John being vaguely applied to the tenants-in-chief as well; but they did as little as they safely and decently could. The villeins, in so far as they were protected, received such solicitous attention as befitted valuable chattels attached to the manor and not as free citizens of the realm.


The thirteenth century was to be a great age of Parliamentary development and experiment, yet there is no mention in Magna Carta of Parliament or representation of any but the baronial class. The great watchwords of the future here find no place. The actual Charter is a redress of feudal grievances extorted from an unwilling king by a discontented ruling class insisting on its privileges, and it ignored some of the most important matters which the King and baronage had to settle, such as the terms of military service.


Magna Carta must not however be dismissed lightly, in words of a modern writer, as "a monument of class selfishness." Even in its own day men of all ranks above the status of villeins had an interest in securing that the tenure of land should be secure from arbitrary encroachment. Moreover, the greatest magnate might hold, and often did hold, besides his estate in chief, parcels of land under the most diverse tenures, by knight service, by the privileges of "socage," or as a tenant at will. Therefore in securing themselves the barons of Runny-mede were in fact establishing the rights of the whole landed class, great and small—the simple knight with two hundred acres, the farmer or small yeoman with sixty. And there is evidence that their action was so understood throughout the country. In 1218 an official endeavoured to upset by writ a judgment given in the county court of Lincolnshire. The victim was a great landowner, but the whole county rallied to his cause and to the "liberty sworn and granted," stating in there protest that they acted "with him, and for him, and for ourselves, and the community of the whole realm."


If the thirteenth-century magnates understood little and cared less for popular liberties or Parliamentary democracy, they had all the same laid hold of a principle which was to be of prime importance for the future development of English society and English institutions. Throughout the document it is implied that here is a law which is above the King and which even he must not break. 


This reaffirmation of a supreme law and its expression in a general charter is the great work of Magna Carta; and this alone justifies the respect in which men have held it. The reign of Henry 11, according to the most respected authorities, initiates the rule of law. But the work as yet was incomplete: the Crown was still above the law; the legal system which Henry had created could become, as John showed, an instrument of oppression.


Now for the first time the King himself is bound by the law. The root principle was destined to survive across the generations and rise paramount long after the feudal background of 1215 had faded in the past. The Charter became in the process of time an enduring witness that the power of the Crown was not absolute.


The facts embodied in it and the circumstances giving rise to them were buried or misunderstood. The underlying idea of the sovereignty of law, long existent in feudal custom, was raised by it into a doctrine for the national State. And when in subsequent ages the State, swollen with its own authority, has attempted to ride roughshod over the rights or liberties of the subject it is to this doctrine that appeal has again and again been made, and never, as yet, without success.


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