He should—it took us three days to reach Dere Street.
NOTES ON THE RESEARCH
MAGNA CARTA
I assume that most Americans share the scant knowledge of the Magna Carta that I had when I started this book. I had seen a copy in the British Museum; I had visited Runnymede; and I had a vague idea that it was somehow similar to our Declaration of Independence.
After years of research, I know that my assumptions were wrong. The experts (most of them English) give it short shrift: It had virtually no effect in its own time; the barons’ motives were highly suspect. There seem to be two basic approaches in discussing it: the historical, which recounts its influence over politics, and the legal, which does the same in terms of its influence on law.
Yet despite a general disparagement among scholars, the myth of the Magna Carta continued to grow. Why is that? Let me suggest that the idea of people taking the reins of their own destiny is one of the most appealing notions in the entire world. The concept of one-man rule, sustained by naked force, crumbled on several occasions. One occasion was when the Magna Carta was forced on King John, and another was when the American colonists forced the same idea on King George. Yet a brief scan of the two documents reveals their fundamental difference: Magna Carta was intended to free the baronial class from the king’s injustices, and it was based on the law of precedent; the Declaration of Independence asserts that all men are created equal. What happened between the two documents was the writings of John Locke (and some say Thomas Hobbes); Locke inadvertently gave ammunition to French Philosophes, thus creating the French and American Revolutions (and perhaps the Russian). As a bit of a joke, I have made Enoch discover natural law in terms of the attraction between a man and a woman.
CHARACTER OF KING JOHN
John, like many medieval characters, has gone through a recent revision: He wasn’t as bad as everyone (including Shakespeare) says; he behaved exactly as his father, Henry II, and his brother, Richard I, had when they were kings. I suppose your opinion of John depends on your nationality, your former reading, and whether you’re looking for a subject to revise. My evidence suggests that he was very bad indeed. Years before he was king, he behaved like a monster, and getting absolute power simply gave him the license to behave even worse.
His preying on women comes down as “gossip” (no monk writing in his cell was going to record any item that would end his life); the murder of Arthur of Brittany is likewise gossip, though generally believed. The sad tale of the de Braose (also spelled de Briouze) family has been substantiated. One discrepancy: The religious stone with the description of Arthur’s death was found in Ireland, not Wales, and dictated by Lord William de Braose, not his wife.
John’s death is also a mystery. Revisionist historians writing today give him a natural death, even noble insofar as he took it with such equanimity. Yet there has always been a suspicion that he was murdered: Shakespeare gives the deed to an unknown priest. When I visited King’s Lynn, the people I talked to had no doubt that he was murdered, pretty much as I have told it.
ISABELLA OF ANGOULME
This unknown queen and King John must have had a most troubled marriage. She was rumored to have had love affairs with her own half brother Peter and with John’s half brother, William Longsword. She was also rumored to have been extraordinarily beautiful.
John allowed her almost no freedom during their marriage and was exceedingly close with money. He put her in a prison tower, presumably one of great comfort, and after he died, she rushed to Winchester to pick up her daughter, Joanna, who was betrothed to Hugh IX of Lusignan, the son of the man to whom she’d been betrothed when John married her. Now, upon seeing the son, Isabella married him— there’s no record of what happened to the daughter.
Isabella may have seen her son, King Henry III, when he visited Poitou (though there is no record of it), but she never saw any of her English children again. She bore nine children to Hugh of Lusignan and became a rich woman.
Nonetheless, she always called herself queen of England, and when she died, thirty years after John, she had herself buried beside Eleanor of Aquitaine at Fontevrault, where she wears the English crown.
THE BARONS
They existed pretty much as I have indicated. Lord Robert fitzWalter and Lord Eustace de Vesci were exiled to Normandy because of their aborted assassination attempt. The informers were also as I indicated. The barons’ complaints against King John can be deduced from the charter itself, but there are other records. One can also take a larger historical view and claim that the barons were simply expressing the “wind” that was blowing through Europe. Kings largely fought, and nobles had become weary of constant warfare.
ARCHBISHOP STEPHEN LANGTON
I have accurately described the biographical facts of this man of the Church and then deliberately left his connection to the Magna Carta somewhat murky. Though he seems to have backed the charter (he gave a stirring sermon at St. Paul’s on its behalf), he was loyal to Pope Innocent, who did not back it. The medieval period can be defined as the partnership of kings and popes, never an entirely happy relationship since both believed in absolutism and couldn’t agree on who was absolute. I have read both sides of the arguments about Langton’s involvement and prefer to leave the conclusion up to the reader.
MAGNA CARTA
TRANSLATED BY HARRY ROTHWELL, M.S., PH.D.,
PROFESSOR OF HISTORY, UNIVERSITY OF SOUTHAMPTON
There is no “original” of the Charter of Liberties of 1215. Four copies sent out from the royal chancery shortly after the meeting at Runnymede on June 15 survive; two are in the British Museum, one at Lincoln Cathedral, and one at Salisbury Cathedral. Each consists of a single sheet of parchment measuring approximately fifteen by twenty inches. The punctuation, division into paragraphs, and numeration of them in the translation that follows are in accordance with the practice of modern editors.
There has been no full-scale commentary on the charter since W. S. McKecknie, Magna Carta. The second edition of this (Glasgow, 1914) was much revised from the first. Its interpretations of John’s government and the baronial purpose need much further revision in the light of modern knowledge, but its elucidations of the technicalities of the charter can be read with much profit.
THE CHARTER OF LIBERTIES OF 1215
John, by the grace of God, king of England, lord of Ireland, duke of Normandy and Aquitaine, and count of Anjou, to the archbishops, bishops, abbots, earls, barons, justiciars, foresters, sheriffs, stewards, servants, and to all his bailiffs and faithful subjects, greeting. Know that we, out of reverence for God and for the salvation of our soul and those of all our ancestors and heirs, for the honor of God and the advancement of holy Church, and for the reform of our realm, on the advice of our venerable fathers, Stephen, archbishop of Canterbury, primate of all England and cardinal of the holy Roman Church, Henry, archbishop of Dublin, William of Longer, Peter of Winchester, Jocelyn of Bath and Glastonbury, Hugh of Lincoln, Walter of Worcester, William of Coventry and Benedict of Rochester, bishop of Master Pandulf, subdeacon and member of the household of the lord pope, of brother Aymeric, master of the Knights of the Temple in England, and of the noble men William, earl of Warenne, William, earl of Arundel, Alan of Galloway, constable of Scotland, Warin, son of Gerold, Peter, son of Herbert, Hubert de Burgh, seneschal of Poitou, Hugh de Neville, Matthew, son of Herbert, Thomas Basset, Alan Bassett, Philip d’Aubigny, Robert of Ropsley, John Marshal, John, son of Hugh, and others, our faithful subjects:
[1] In the first place have granted to God, and by this our present charter confirmed for us and our heirs forever, that the English church shall be free, and shall have its rights undiminished and its liberties unimpaired; and it is our will that it be thus observed; which is evident from the fact that, before the quarrel between us and our barons began, we willingly and spontaneously granted and by our charter confirmed the freedom of elections which is reckoned most important and very essential to the English churc
h, and obtained confirmation of it from the lord pope Innocent III; which we will observe and we wish our heirs to observe it in good faith for-ever. We have also granted to all freemen of our kingdom, for ourselves and our heirs forever, all the liberties written below, to be had and held by them and their heirs of us and our heirs.
[2] If any of our earls or barons or others holding of us in chief by knight service dies, and at his death his heir be of age and owe relief he shall have his inheritance on payment of the old relief, namely, the heir or heirs of an earl 100 for a whole earl’s barony, the heir or heirs of a baron 100 for a whole barony; the heir or heirs of a knight 100s., at most, for a whole knight’s fee; and he who owes less let him give less according to the ancient custom of fiefs.
[3] If, however, the heir of any such be underage and a ward, he shall have his inheritance when he comes of age without paying relief and without making a fine.
[4] The guardian of the land of such an heir who is underage shall take from the land of the heir no more than reasonable sums, reasonable customary dues, and reasonable services, and that without destruction and waste of men or goods; and if we commit the wardship of the land of any such to a sheriff, or to any other who is answerable to us for its revenues, and he destroys or wastes what he has wardship of, we will take compensation from him and the land shall be committed to two lawful and discreet men of that fief, who shall be responsible for the revenues to us or to him to whom we shall assign them; and if we give or sell to anyone the wardship of any such land and he causes destruction or waste therein, he shall lose that wardship, and it shall be transferred to two lawful and discreet men of that fief, who shall similarly be responsible to us as is aforesaid.
[5] Moreover, so long as he has the wardship of the land, the guardian shall keep in repair the houses, parks, preserves, ponds, mills, and other things pertaining to the land out of the revenues from it; and he shall restore to the heir when he comes of age his land fully [totam] stocked with plows and the means of husbandry [waynags] according to what the season of husbandry requires, and what the revenues of the land can reasonably bear.
[6] Heirs shall be married without disparagement, yet so that before the marriage is contracted those nearest in blood to the heir shall have notice.
[7] A widow shall have her marriage portion and inheritance forthwith and without difficulty after the death of her husband; nor shall she pay anything to have her dower or her marriage portion or the inheritance that she and her husband held on the day of her husband’s death; and she may remain in her husband’s house for forty days after his death, within which time her dower shall be assigned to her.
[8] No widow shall be forced to marry so long as she wishes to live without a husband, provided that she gives security not to marry without our consent if she holds of us, or without the consent of the lord of whom she holds, if she holds of another.
[9] Neither we nor our bailiffs will seize for any debt any land or rent, so long as the chattels of the debtor are sufficient to repay the debt; nor will those who have gone surety for the debtor be distrained so long as the principal debtor is himself able to pay the debt; and if the principal debtor fails to pay the debt, having nothing wherewith to pay it, then shall the sureties answer for the debt; and they shall, if they wish, have the lands and rents of the debtor until they are reimbursed for the debt that they have paid for him, unless the principal debtor can show that he has discharged his obligation in the matter to the said sureties.
[10] If anyone who had borrowed from the Jews any sum, great or small, dies before it is repaid, the debt shall not bear interest while the heir is underage, whosoever tenant he may be; and if the debt falls into our hands, we will not take anything except the principal mentioned in the bond.
[11] And if anyone dies indebted to the Jews, his wife shall have her dower and pay nothing of that debt; and if the dead man leaves children who are underage, they shall be provided with necessaries befitting the holding of the deceased; and the debt shall be paid out of the residue, reserving, however, service due to lords of the land; debts owing to others than Jews shall be dealt with in like manner.
[12] No scutage or aid shall be imposed in our kingdom unless by common counsel of our kingdom, except for ransoming our person, for making our eldest son a knight, and for once marrying our eldest daughter; and for these only a reasonable aid shall be levied. Be it done in like manner concerning aids from the city of London.
[13] And the city of London shall have all its ancient liberties and free customs as well by land as by water. Furthermore, we will and grant that all other cities, boroughs, towns, and ports shall have all their liberties and free customs.
[14] And to obtain the common counsel of the kingdom about the assessing of an aid (except in the three cases aforesaid) or of a scutage, we will cause to be summoned the archbishops, bishops, abbots, earls, and greater barons, individually by our letters—and, in addition, we will cause to be summoned generally through our sheriffs and bailiffs all those holding of us in chief—for a fixed date, namely, after the expiry of at least forty days, and to a fixed place; and in all letters of such summons we will specify the reason for the summons. And when the summons has thus been made, the business shall proceed on the day appointed, according to the counsel of those present, although not all have come who were summoned.
[15] We will not in future grant anyone the right to take an aid from his own freemen, except for ransoming his person, for making his eldest son a knight and for once marrying his eldest daughter; and for these only a reasonable aid shall be levied.
[16] No one shall be compelled to do greater service for a knight’s fee or for any other freeholding than is due from it.
[17] Common pleas shall not follow our court, but shall be held in some fixed place.
[18] Inquests of novel disseisin, or mort d’ancestor, and of darrein presentment, shall not be held elsewhere than in the court of the county to which they relate [in suis comitatibus] and in this manner—we, or, if we should be out of the realm, our chief justiciar, will send two justices through each county four times a year, who, with four knights of each county chosen by the county, shall hold the said inquests [assisas] in the county court, on the day and in the place of meeting of the county court.
[19] And if [all] the said inquests [assisas] cannot be held on the day of the county court, there shall stay behind as many of the knights and freeholders who were present at the county court on that day as are necessary for the sufficient making of judgments, according to the amount of the business.
[20] A freeman shall not be amerced for a slight offense except in accordance with the degree of the offense, and for a grave offense he shall be amerced in accordance with its gravity, yet saving his way of living [contenementum]; and a merchant in the same way, saving his stock-in-trade [mercandisa]; and a villein shall be amerced in the same way, saving his means of livelihood [waynagium]—if they have fallen into our mercy; and none of the aforesaid amercements shall be imposed except by the oath of upright men of the neighborhood.
[21] Earls and barons shall not be amerced except by their peers, and only in accordance with the degree of the offense.
[22] No clerk shall be amerced in respect of his lay holding except after the manner of the others aforesaid and not in accordance with the amount of his ecclesiastical benefice.
[23] No community or individual [nec villa nec homo] shall be compelled to make bridges at riverbanks, except those who from of old are legally bound to do so.
[24] No sheriff, constable, coroners, or other of our bailiffs shall try [teneant] pleas of our Crown.
[25] All counties, hundreds, wapentakes, and tithings shall be at the old rents without any additional payment, except our demesne manors.
[26] If any one holding a lay fief of us dies and our sheriff or bailiff shows our letters patent of summons for a debt that the deceased owed us, it shall be lawful for our sheriff or bailiff to attach and inventory chattels of th
e deceased found upon the lay fief to the value of that debt under the supervision of law-worthy men, provided that none of the chattels shall be removed until the debt that is manifest [clarum] has been paid to us in full; and the residue shall be left to the executors for carrying out the will of the deceased. And if nothing is owing to us from him, all the chattels shall go to the deceased, saving to his wife and children their reasonable shares.
[27] If any freeman dies without leaving a will, his chattels shall be distributed by his nearest kinsfolk and friends under the supervision of the Church, saving to everyone of the debts that the deceased owed him.
[28] No constable or other bailiff of ours shall take anyone’s corn or other chattels unless he pays spot cash for them or can delay payment by arrangement with the seller.
[29] No constable shall compel any knight to give money instead of castle-guard if he is willing to do the guard himself or through another good man, if for some good reason he cannot do it himself; and if we lead or send him on military service, he shall be exempt from guard in proportion to the time that because of us he has been on service.
[30] No sheriff or bailiff of ours, or anyone else [aliquis alius], shall take the horses or carts of any freeman for transport work save with the agreement of that freeman.
[31] Neither we nor our bailiffs will take other people’s timber for castles or other works of ours except with the agreement of him whose timber it is.
[32] We will not hold for more than a year and a day the lands of those convicted of felony, and then the lands shall be handed over to the lords of the fiefs.
[33] Henceforth all fish traps shall be cleared completely from the Thames and the Medway and throughout all England, except along the seacoast.
[34] The writ called Praecipe shall not in future be issued to anyone in respect of any holding whereby a freeman may lose his court.
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