Magna Carta: A Commentary on the Great Charter of King John
Part I, Events Leading to Magna Carta.
20th Century William Sharp McKechnie EnglishThe Great Charter is too often treated as the outcome of accidental causes; its sources are traced no deeper than the personal tyrannies and blunders of King John. That monarch’s misdeeds are held to have goaded into action a widespread opposition that never rested until it had achieved success; and the outcome of this success was the Great Charter of Liberties. The moving causes of events of tremendous moment are thus sought in the characteristics and vices of one man. If John had never lived and sinned, so it would appear, the foundations of English freedom would never have been laid.
Such shallow views of history fail to comprehend the magnitude and inevitable nature of the sequence of causes and effects upon which great issues depend. The compelling logic of events forces a way for its fulfilment, independent of the caprices, aims and ambitions of individual men. The incidents of John’s career are the occasions, not the causes, of the movement that laid the foundations of English liberties. The origin of Magna Carta lies too deep to be determined by any purely contingent phenomena. It is as unwise as it is unnecessary to suppose that the course of constitutional development in England was violently wrested into a new channel, merely because of the incapacity or cruelties of the temporary occupant of the throne. The source of the discontent fanned to flame by John’s oppressions must be sought in earlier reigns. The genesis of the Charter cannot be understood apart from its historical antecedents.
It is thus necessary briefly to narrate how the scattered Anglo–Saxon and Danish tribes and territories, originally unconnected, were slowly welded together and grew into England; how this fusion was made permanent by the growth of a strong centralized government which crushed out local independence, and threatened to become the most absolute despotism in Europe; how, finally, the Crown, because of the very plenitude of its power, called into play opposing forces, which set limits to royal prerogatives and laid the foundations of the reign of law. Such a survey of the early history of England reveals two leading movements; the establishment of a strong Monarchy able to bring order out of anarchy, and the establishment of safeguards to prevent this source of order from degenerating into an unrestrained tyranny, and so crushing out not merely anarchy but legitimate freedom as well. The later movement, in favour of liberty and the Great Charter, was the natural complement, and, in part, the consequence of the earlier movement in the direction of a strong government able to enforce peace. In historical sequence, order precedes freedom.
These two problems, mutually complementary, arise in the history of every nation, and in every age: the problem of order, or how to found a central government strong enough to suppress anarchy, and the problem of freedom, or how to set limits to an autocracy threatening to overshadow individual liberty. Deep political insight may still be acknowledged in Æsop’s fable of Jupiter and the frogs. King Log proves as ineffective against foreign invasion as he is void of offence to domestic freedom; King Stork secures the triumph of his subjects in time of war, but devours them in time of peace. All nations in their early efforts to obtain an efficient government have to choose between these two types of ruler—between an executive, harmless but weak; and one powerful to direct the business of government at home and abroad, but ready to use powers entrusted to him for the good of all, for his own selfish aims and the trampling out of his subjects’ liberties.
On the whole, the miseries of the long centuries of Anglo–Saxon rule were the outcome of the Crown’s weakness; while, at the Norman Conquest, England escaped from the mild sceptre of inefficiency, only to fall under the cruel sceptre of selfish strength. Yet the able kings of the new dynasty, powerful as they were, had to struggle to maintain their mastery; for the unruly barons fought vigorously to shake off the royal yoke.
During a century of Norman rule, constant warfare was waged between two great principles—the monarchic, standing on the whole for order, seeking to crush anarchy, and the oligarchic or baronial, standing on the whole for local autonomy, protesting against the tyranny of autocratic power. Sometimes one of these gained the ascendant; sometimes the other. The history of medieval England is the swing of the pendulum between.
The main plot, then, of early English history, centres in the attempt to found a strong monarchy, and yet to set limits to its strength. With this main plot subordinate plots are interwoven. Chief among these must be reckoned the necessity of defining the relations of the central to the local government, and the need of an acknowledged frontier between the domains of Church and State. On the other hand, all that interesting group of problems connected with the ideal form of government, much discussed in the days of Aristotle as in our own, is notably absent, never having been forced by the logic of events upon the mind of medieval Europe. Monarchy was accepted as the only possible scheme of government; the merits of aristocracy and democracy, or of the much–vaunted constitution known as “mixed” were not discussed, since these forms of constitution did not lie within the sphere of practical politics. The student of history will do well to begin by concentrating his attention on the main problem, to which the others are subsidiary.