The Role of Feudal Law and Custom

Starkey stresses that the Magna Carta’s clauses were largely based on existing feudal law and customs rather than revolutionary ideas. It was an attempt to reaffirm traditional rights against perceived royal overreach.

For example, clauses regarding taxation (such as the requirement that scutage and aid could only be levied “by common counsel of the kingdom”) reflect the barons’ demand that the king could not arbitrarily impose financial burdens without their consent.

Thus, according to Starkey, the Magna Carta was fundamentally a negotiated settlement safeguarding aristocratic interests within the existing social and political order.

Magna Carta as a Constitutional Document: Starkey’s Cautious View


While the Magna Carta is often called the "copyright of liberty," Starkey approaches this label critically.

Magna Carta’s Original Intent


Starkey argues that the Magna Carta was not originally intended as a democratic document or a charter of universal human rights. Instead, it was primarily a peace treaty and a practical set of measures to restore order.

He points out that the vast majority of the population—peasants, townspeople, and commoners—were not beneficiaries of the Magna Carta’s provisions. The document chiefly concerned the relationship between the king and his barons. shutdown123

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