The scene thus chosen was well suited to the occasion. No narrow walls of wood or stone, which in succeeding years should crumble into dust and leave no trace, bore witness to the solemn act whose effects were destined to extend to remotest ages—the victory of freedom was gained under the free sky, the dome of the universal temple of God. On the appointed day the king quitted Windsor Castle, and proceeded to the green meadow which was called by the Saxon name of Runnymede, situated on the banks of the Thames between Staines and Windsor. He was attended by Pandulph, Almeric, the Grand Master of the Templars, the Earl of Pembroke, together with eight bishops and thirteen other men of rank; but of these, though they stood at his side, few really adhered to the tyrant, or were prepared to give him any advice contrary to the wishes of the people. On the other side stood the barons of the kingdom, attended by a vast multitude, representing all other classes of the population. So completely was the arrogance of the king subdued, so hopeless appeared all resistance, that, with scarcely a word of remonstrance, John gave his assent to the document which, as the foundation of the liberties of England, is known to us by the name of Magna Charta—the Great Charter.
JOHN REFUSING HIS ASSENT TO THE ARTICLES OF THE BARONS. (See p. [267.])
To the Englishman of modern times, the event of that day bears a deep and solemn interest, far surpassing that of battles or of conquests. He is surrounded now by many of the blessings which freedom gives to all who live beneath her sway. Under her warm smile civilisation grows and flourishes, knowledge sheds around her calm, undying light; wrong is redressed by free opinion; and man, with brow erect, throws off the tyranny of man. In the green meadow by the Thames was sown the seed which bears such fruits as these. Centuries more of toil and struggle may be needed to bring it to maturity. The progress of the human race is slow, and beset with difficulties: amidst the present material prosperity, with all the advantages of civil and religious liberty, we are still far from the goal which lies before us. Error still treads close upon the heels of Truth; poverty still retains her grasp upon half the world, grinding men down to a life-long struggle, with little joy or hope. But the work steadily goes on. With each passing year flies a prejudice; with each passing year some gigantic wrong lifts up its head, and claims and meets redress. Now, at least, the way is open to us, and cannot be mistaken; the light of Heaven shines full upon it, the obstacles grow fewer and weaker every day, the efforts to oppose them grow stronger, and the final triumph is secure. The value and importance of Magna Charta is not to be estimated by its immediate application to ourselves. Those positive laws and institutions of later times, which secure our rights and liberties, all have their root in this charter.
It had many evils to remedy. (I.) In the first place the Church secured its rights and freedom of election. (II.) Then came provisions against the royal exactions from the tenants. During the reigns of the successors of the Conqueror, the king had exercised the power of exacting arbitrary payments from his subjects under the name of reliefs; of farming out the estates of his wards to the highest bidder; of marrying the heir during his minority, heiresses at any age above fourteen, and widows if they held estates of the crown, giving their hands to whom he pleased. In the reign of John, the exercise of the laws was a matter of common bargain and sale. Bribes—or, as they were called, fines—were received for the king's help, against adverse suitors, for perversion of justice, or delay in its administration. Sometimes it would happen that bribes were given by both parties, in which case it may be supposed that the highest bidder would gain the day, the money of those who lost being returned to them. The charters which had been granted by Henry I., Stephen, and Henry II., had little effect on this state of things, and were, in fact, repeatedly violated both by themselves and their successors. By the provisions of Magna Charta reliefs were limited to a moderate sum, computed according to the rank of the tenant; the wrong and waste committed by the guardians in chivalry restrained; the disparagement in matrimony of female wards was forbidden; and widows were secured from being forcibly disposed of in marriage. (III.) Arbitrary taxation was provided against by the provision that scutage and aids were henceforward to be granted by the Great Council of the kingdom, except in the cases of the deliverance of the king from prison, the knightage of his eldest son, and the marriage of his eldest daughter. The elements of the great council are also described, and their character will appear from these pages. (IV.) The franchises of the city of London, and of all towns and boroughs were declared inviolate. (V.) The ports were freely thrown open to foreign merchants, and they were permitted to come and go as they pleased. (VI.) The Court of Common Pleas, which had hitherto followed the king's person, whereby much inconvenience and injustice had been occasioned, was fixed at Westminster.
The most important clauses of Magna Charta are those which protect the personal liberty and property of every freeman in the kingdom, by giving security from arbitrary imprisonment and unjust exactions. (VII.) "No freeman," says the Charter, "shall be taken, or imprisoned, or dispossessed of his tenement, or be outlawed or exiled, or any otherwise destroyed; nor will we go upon him nor send upon him, unless by the lawful judgment of his peers, or by the law of the land. (VIII.) To none will we sell, to none will we deny or delay, right or justice."
The barons required securities for the due observance of these provisions. They demanded that the foreign officers of the crown, with their families and retainers, should be sent out of the country; that the barons should keep possession of the city, and Stephen Langton of the Tower of London, for the two months following; that twenty-five of their number should act as guardians of the liberties of the realm, whose business it should be to secure the observance of the charter, and who, in case of its provisions being disregarded, should have power to make war upon the king, and to seize upon his towns, castles, or other possessions, until the grievance should be redressed. By this article the twenty-five barons were invested with the real government of the kingdom, setting aside altogether the royal prerogative—a measure which, opposed as it was to all precedent, must be considered as having been rendered necessary by the duplicity of the king, by whom the most solemn oaths were habitually disregarded.
When the vast assembly had dispersed, and the defeated tyrant found himself again in Windsor Castle, attended only by some of the foreign adventurers who still hung about his person, he gave vent to all the suppressed passion of his soul. In transports of impotent rage, he uttered fearful curses against the deed which had been done, and against those who had forced him to do it; he rolled his eyes and gnashed his teeth like one insane, and restlessly strode about his chamber gnawing sticks and stones. So say the chroniclers, and the account may readily be believed: a depraved heart, hardened by a long course of crime and cruelty, would probably display itself in an outburst of passion in colours such as these. His attendants, the slaves of his gold, who saw their career of robbery and injustice suddenly cut short, incited the king to vengeance for the humiliation he had sustained, and counselled him to resist the Charter, and to take measures for the recovery of his power. John, released from his immediate fears, listened to their advice, and sent two of them to the Continent to carry out the schemes they proposed. One of them took his way to Rome to appeal to the Pope for prompt and efficient aid; the other proceeded to Flanders, Gascony, and among the former Continental vassals of the king, to hire fresh bodies of mercenaries, and to bring them over to England. Meanwhile the king entered secretly into communication with all the governors of castles who were foreigners, ordering them to lay up stores of provisions, and keep themselves prepared for defence, "doing this without noise and with caution, for fear of alarming the barons."