He views this evolution as an example of how historical documents acquire new meanings in different contexts. The Magna Carta’s status as a “constitutional” document developed especially during the 17th century, notably during the English Civil War when Parliamentarians invoked it against King Charles I.
Starkey on Key Magna Carta Clauses
David Starkey often highlights several Magna Carta clauses to illustrate their political and legal implications:
- Clause 12: “No scutage or aid shall be imposed in our kingdom unless by common counsel of our kingdom.”
This clause limited the king’s ability to tax without baronial consent, underscoring the feudal principle that the king could not raise money arbitrarily.
- Clause 39: “No free man shall be seized or imprisoned... except by the lawful judgment of his peers or by the law of the land.”
Starkey interprets this as a protection for barons rather than a universal legal right for all people. It foreshadows the development of due process but was not intended to establish broad individual liberties at the time.
- Clause 1: Confirming the freedom of the English Church.
Starkey notes the political importance of Church-state relations in medieval England, with the Church wielding considerable power.
These clauses reflect the Magna Carta’s role in mediating competing powers: king, barons, and church. shutdown123