Magna Carta: its myths, mistakes and misconceptions

Democracy had its early beginning in England fifty years after Magna Carta when the barons were having similar troubles with John's son, Henry III, and Simon de Montfort in 1265 summoned a meeting of barons, bishops, two knights, burgesses and others representing counties, shires and towns, to a meeting in Westminster. That gathering, although short-lived, is regarded to have been the beginning of representative government.

Taxation: Magna Carta was also erroneously construed by some commentators who claimed that its "essential principle" is that "taxes could not be levied without consent". There is nothing in Magna Carta to support that view.

Whilst Magna Carta was very much about socage and knight's fee (land rents and military service), its "essential principle" was simply a matter that if the king wanted (demanded) an oath of fealty from his barons and the commitment to provide ever increasing financial support, then he had to agree to certain demands in return. It was never a matter of "consent". It was a matter of hard bargaining.

Habeas Corpus: The most important clause in Magna Carta that provides that "No free man shall be seized or imprisoned, or stripped of his rights, or possessions [etc]" was not 'proclaimed' by Magna Carta, as most commentators asserted. It derives from the 1166 Assize of Clarendon enacted during the reign of Henry II. Magna Carta did however, firmly state the principle for posterity.

To no one will we sell: The clause that begins with these words and which sought to prevent the King from refusing, delaying or demanding money in respect of the right of justice, was not a provision first held by Magna Carta. It too derives from another statute; the 1212 Simon de Montfort (Fr.) Statute of Pamiers, then applicable in England.

Separation of Powers: The separation of powers between the king and the judiciary did not begin with Magna Carta as some also claimed. It was also (insecurely) established by the Assize of Clarendon.

Trial By Jury: This was another claim made as a 'first' for Magna Carta which also derived from the Assize of Clarendon.

Equality Before The Law: Yet another 'longbow' claim that was made for Magna Carta is not born out by any study of its influence on legal development.

There are other myths and misconceptions about Magna Carta as well as some disagreeable things in it, particularly in relation to the (then) attitude towards Jews and the treatment of women which most commentators tend not to mention.

So why did it become iconic? Well the real significance of the 1215 version of Magna Carta is that it was the first such document to last, despite being repudiated and annulled ten weeks after it was agreed to, because the King died and the barons put his nine-year old son on the throne and issued two revised versions in his name and held him to a third version for the 56 years of his reign.