Ben Macintyre
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Ross Perot, the Texan billionaire and former presidential candidate, is selling his Magna Carta next Tuesday in New York. Perot's copy of the 13th-century manuscript, which he purchased from an English family 23 years ago, is the only one in private hands, and one of only two outside Britain (the other belongs to the Australian Government).
The remaining 15 copies of Magna Carta are all held by British museums and other institutions, so next week's auction is the first, and almost certainly the last, time that this, the most important legal document in the world, will go under the hammer.
With a bit of luck, and a lot of money (perhaps $30 million), it may stay in the US. I hope so, because America badly needs it.
Magna Carta, the great charter, the very birth certificate of liberty, is more widely hallowed today than ever before, yet the principles it upholds are in serious danger, undermined by the demands of the “War on Terror”: by CIA torture of terrorist suspects, by control orders in this country and efforts to extend the detention of suspects without charge, by “extraordinary rendition” and above all by the shackled and shuffling ghosts of Guantanamo Bay.
When the grumpy barons forced King John to put his seal on Magna Carta in a field near Staines in 1215, they were acting out of pure feudal self-interest. They did not intend to forge a document enshrining the rights of the individual against the State; but that is what Magna Carta evolved into, and remains.
Today perhaps one third of the world's population is governed in accordance with the broad principles laid down in an English meadow eight centuries ago: that no person is above the law, and no person may be persecuted by power. The most enduring legacy of Magna Carta is, of course, the writ of habeas corpus, the most fundamental defence against unlawful executive detention and arbitrary rule.
The great charter states in Clause 39: “No free man shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor will we send upon him except upon the lawful judgement of his peers or the law of the land.” In this country, Magna Carta has attained a semi-mythical status, a sacrosanct document deployed to bolster a bewildering array of causes and politics.
In a recent speech on liberty, Gordon Brown made no less than four allusions to the charter. When the French were celebrating the anniversary of their revolution in 1989, Margaret Thatcher was heard to point out to François Mitterrand: “We, of course, had the Magna Carta.” The charter was used to rally unhappy subjects against despotic power, both to demand and to prevent political change; it was recruited in the English Civil War as a weapon against the royal prerogative, and by 19th-century Chartists calling for parliamentary change and a people's charter. The radical John Wilkes considered it “the distinguishing characteristic of all Englishmen”, while the historian Thomas Macaulay believed the charter's principles were engraved on every English heart.
Oddly, he may still be right: in a recent poll by the BBC to find a day on which to celebrate “Britishness”, June 15, the day that the charter was signed, emerged as the popular and unexpected winner.
But if Magna Carta is still respected here, it is even more venerated in the US. In the years before the American Revolution, colonial lawyers repeatedly invoked its principles against the Government in London. Alexander Hamilton considered habeas corpus to be the “bulwark” of individual liberty, and condemned secret imprisonment as the most “dangerous engine of arbitrary government”.
The framers of the Constitution were specific: habeas corpus could never be suspended, “unless when in cases of rebellion or invasion the public safety may require it”. The Fifth Amendment simply rephrased Clause 39: “No person shall... be deprived of life, liberty, or property, without due process.” The American Bar Association periodically gathers at Runnymede to rededicate itself to the ideas first established there. The charter even made an appearance in the Paula Jones sexual harassment case in 1994, when the judge refused to delay proceedings until after Bill Clinton left office, pointing out that “it is contrary to our form of government, which asserts, as did the English in the Magna Carta... that even the sovereign is subject to God and the law”.
That reverence is worth recalling today, when the White House is accused of authorising the “waterboarding” of detainees (or “enhanced interrogation”, to give it the correct, revolting euphemism), when hours of videotaped interrogations have been destroyed, when hundreds are still detained without charge in Guantanamo, including some already cleared for release. Magna Carta states: “To none will we deny or delay right or justice,” yet the Government in Britain, having failed to extend detention for terrorist suspects to 90 days, is now pushing for a 42-day extension.
Times of crisis and war, when national security is under direct threat, may justify the temporary suspension of individual liberties, but in the six years since 9/11 we have seen a steady erosion of the principles of the Magna Carta, with the seizure, imprisonment, exile and delay outlawed by that great document increasingly deployed as accepted instruments of foreign policy.
For the last 20 years, Perot's Magna Carta has been displayed in a gold-plated case in Washington, alongside the Declaration of Independence and the US Constitution, its direct descendants. For the sake of the future, as well as the past, America should buy Magna Carta next week, put it back on display and read it again.

Ben Macintyre is Writer at Large for The Times and contributes a regular Friday column. His earlier roles at The Times include being editor of the Weekend Review, parliamentary sketchwriter and bureau chief in Washington and Paris. He has also published a number of historical non-fiction books
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Hmmm.
Wonder if the English Barons worried about religious psychopaths setting off a nuclear device in London or not?
Ah well, lose a city, break a few eggs. All as long as nutjobs get to keep from having panties put on their heads I guess.
Mike, Wilmington, USA
Some people are still fascinated by a rather quaint document.
A Gonzales, Reading, UK
Still needing to be read? The Magna Carta has been vastly over hyped for obvious reasons. In the first place it was the result of unreasonable repression rather than some liberal conception. It reflected a vicious environment not a liberal one. This is an important point because we need to ask ourselves why the Americans, in particular, need to put such emphasis on it at this time. It is unlikely the Saxons would have needed one.
Then further, its principles are easily circumvented today, not by widely publicised and stagey environments like Guantanomo, but in ways which can altogether evade the law and the publicity. The Magna Carta should be a reminder of what men will do if they can get away with it, along with that old aphorism, Plus ca change, plus c est le meme chose, because today they can still get away with it. Thank you for providing the particular date.
Henry Percy, London, UK
Why all the fuss? It wasn`t a proto bill of rights as so many appear to hink. Magna Carta merely described the limits of kingly power. By the way, it wasn`t British, that was still 500 years in the future. I think we still dres call ourselves English back in 1215.
Greg, Knebworth, England
Jill Owens, New York, USA said:
"We Americans are the only ones left that can and will continue to live by the principles enshrined in the Magna Carta."
Guantanamo Bay, Iraqi prisoner tortures, CIA extraordinary rendition flights.......the list goes on and on.
J Roberts, Manchester, UK
Stan: "I agree with Jill Owens though, that Great Britain is no longer a sovereign nation."
Actually, our membership of the EU today and in the past is based on treaties between sovereign nations. We retain full sovereignty in principle, just not in practice while the treaties hold.
David Jones, Loughborough, UK
Hm, a king who'd lost a pointless foreign war, given up autonomy over the country to a supranational power (the Pope), and was renting the country back from him as a fiefdom, forced to sign a document by a furious chattering class, facing rises in taxes on the wealthiest.
There's got to be a satirical movie in there somewhere.
Ian Kemmish, Biggleswade, UK
I do not understand why people attach such importance to history as a guide to action: historians do not. Our greatest legal historian, F.W. Maitland, made it very clear that the lesson of history is that every generation has the power to shape its own destiny: if politicians fail to respect valued principles, hold them to account, not because an old document, but because what they are doing disagrees with our current values.
How exactly does habeas corpus come from Magna Carta? Writs with similar effect were issued in the century before Magna Carta, and the first known writ in the habeas corpus form is from 1305. There is no evidence of a causative link.
As for no one being above the law and no one being persecuted by power, those are simply anachronistic readings designed to please a modern (or early-modern) reader's sensibilities. Magna Carta did not apply to villeins (the majority of the population), whilst the King was only subject to war if he broke the agreement.
John Scott, London,
May the principles of the Magna Carta always have a place in the hearts of men. I agree with Jill Owens though, that Great Britain is no longer a sovereign nation.
Fortunately, this experiment called the European Union will not outlast me.
Stan, Portland, Oregon, USA
Good idea. Copies of the Magna Carta all round. And all the best people agree.
Would you do me a favor and send a copy of the MC over to Ed Balls? He's got this idea that in the present emergency we need to detain every child in Britain indefinitely in government creches, state schools, and NEET programs--irrespective of the rights of their parents and all without pay. Talk about child labour!
But who gives a monkeys about all of that? Certainly not the best people.
The barons of Runnymede were a pretty self-serving lot, but I'm sure they would have taken a dim view of the King taking their sons away from them as we do today. After all, you need your sons--think of Hotspur--to help raise the odd head of rebellion against the King.
Christopher Chantrill, Seattle, USA
I beg to differ with Jill owens. The copy of magna carta referred to in this article is on permanent display in the visitors' gallery in Parliament House in Canberra. It is encased in a sealed container which maintains a constant temperature and is filled with a halogen - neon, I think. It's principles are well known and respected here and, I believe, were brought to light in the recent release of a terrorism suspect against whom there was a dearth of evidence. Hopefully a rich benefactor will acquire Perot's copy and insist it be exhibited in Washington.
James , Canberra, Australia.
I would prefer that you not regard America as a homogeneous mass ("America should buy Magna Carta next week... and read it again"). There are plenty of us over here who are quite aware that critical principles have been eroded and don't wish to see the trend continue.
E.R. Wyatt, Blountville, Tennessee, USA
I admit I don't know much about the Magna Carta. But it is my impression the the Magna Carta was intended for citizens of a sovereign nation that respect laws, or an organized military that wages war. Would some one please explain to me how it applies to groups of men who conduct a war under their own ideology/religion and without the backing of any Government.
Pat, Chicago, USA
A very good and true description of the Magna Carta. However to even mention the name of THAT TRAITOR Gordon Brown in the same sentence as that most sacred document, would be laughable if not disgusting.
Brown has just made a mockery of the spirit of the Magna Carta, by signing away the freedoms and sovereignty of Great Britain to the corrupt and unelected politicians of that cess pool otherwise known as the EU. All this inspite of it going against the wishes of the majority of the people. So much for democracy.
America may still have lots to learn as a country, with many problems at home and abroad, but it would never ever allow one arrogant, despotic and despised politician to give away it's national sovereignty.
As a Brit expat living in the US, I'm proud of the Magna Carta, and proud of the country I left, but from today my only country is the US. We Americans are the only ones left that can and will continue to live by the principles enshrined in the Magna Carta.
Jill Owens, New York, USA
The various "Sovereigns" who have brought us these horrors, Bush, Cheney, Rumsfeld, et al, and Tony Blair, will surely not be made to pay for their crimes. In 1947 the US prosecuted and sentenced to 15 years hard labour a Japanese officer for waterboarding a US citizen. The christian fascists are taking over in the name of fighting islamo-fascists.
ray greenwood, charleston, west virginia, usa