A portion of the Magna Carta, which Melvyn Bragg says is the foundation of modern freedom. Photo: British Library
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It made us free: Melvyn Bragg on Magna Carta

Parliamentary democracy, trial by jury or habeas corpus - it can be argued that all these flowed from this document.

Is it rather stupid and dangerous to take Magna Carta so much for granted, as many of us seem to do, and to think of this attitude as “very English”? Or would it be better to connect it with the present as resolutely as possible, to show the distance travelled in these past 800 years, the achievements despite the setbacks, its uniqueness? Perhaps to take our history too much for granted can be a way of diminishing both the past and the present, especially in this case.

At a recent public meeting about Magna Carta, a member of the platform panel, a well-known public intellectual, leaned forward and to a packed room pronounced with a world-weary confidence: “The fact is that Magna Carta was a squalid little deal.” A few sentences later he added: “Moreover, it did not mention women.” It is difficult to think of a more politically correct, less historically accurate and more impoverished view of history than this, and yet I was the only one who (publicly) protested.

David Carpenter, who has just finished writing a 600-page book on Magna Carta, said that it asserts “for the first time in world history a hugely important constitutional principle of the foundation of liberty, which is that the ruler is subject to the law”.

King John, who sealed (but did not sign; there is no evidence that he could write) Magna Carta appears to have been as the conteporary Benedictine monk ­Matthew Paris described him: “Foul as it is, hell itself is made fouler by the presence of John.” It has proved impossible to launder King John’s reputation. The barons and earls, the archbishop and bishops, men to a man, stopped a tyrant in his tracks; and after many close escapes since then the Big Charter helped create civilised society, and its journey goes on.

The charter spoke through the king to God and to the liberties of the Church. It enhanced the liberties of London, which the earls and barons had just captured. It bundled together a package of laws, most of which are of their time and have fallen off the page. Sadly for some, it said nothing about the rights of women, the welfare state, the trade unions or the euro.

Nor did it say anything about the right to parliamentary democracy, trial by jury or habeas corpus. But it can be argued that all these flowed from and were triggered by this document. And not only in this country, but as time went on, most powerfully in America, Australia, Canada, New Zealand and as a foundation stone in the constitution of India and elsewhere. After the Second World War, the UN set up the Universal Declaration of Human Rights, which Eleanor Roosevelt called a “Magna Carta for all mankind”.

Magna Carta has 63 clauses in abbreviated Latin. Two of them that are still on the statute book, numbers 39 and 40, could be said to have changed the way in which the free world has grown. “No free man shall be taken, or imprisoned, or disseised [his lands taken away], or outlawed, or exiled, or in any way ruined; nor will we go against him nor sin against him except by the lawful judgment of his peers, his equals and by the law of the land.” And, “To no one will we sell, to no one will we refuse or delay right or justice.” These two clauses have so far proved to be indestructible, though often defied. They came to apply to all men and then all women, and have elasticated their earliest purpose to become universal with a legendary, even mythical aura to them.

Soon after the treaty was sealed, King John broke his word. The pope, on his bidding, annulled the charter. This provoked the invasion of England (the first since the Conquest) by the son of the king of France. But after John’s death in 1216 the earls and barons booted out the French invader, rallied round his son and once more the charter was reissued. It went under the statute books in 1225 and was revived in one political crisis after another: 1253, 1267, 1297 . . . From the very beginning it was brandished in the local courts by peasants who saw it as their defence against tyranny.

The great lawyer Sir Edward Coke (1552-1634) brought it face to face with the Tudor and the Stuart autocracies. In the English civil wars its time of greatest influence was seen and branded on the English conscience. Sir William Blackstone took it up in the 18th century. Lord Woolf speaks to China on it today; and in the argument about 42-day detention in 2008, Magna Carta was headlined in some of our newspapers.

Magna Carta has become totemic. It is in the comedy of Tony Hancock, in the poetry of Kipling, never far from the front pages in a constitutional crisis. It was copied out by hand. Four copies are remaining and although one is badly damaged, there is not a blot on any of them. Those two clauses hit a nerve in societies all over the world. They have become sacred tablets.

The monuments at Runnymede, where it was signed, both modest, are funded by American lawyers. It is curious that just up the river at Windsor Castle, which King John made his base during the negotiations, we maintain one of the splendid palaces of monarchy – while downriver the ­English have erected a narrow road that belts through those meadows where thousands met for the treaty 800 years ago. And there’s an English tea shop. With a small car park.

Now read Owen Jones, Helena Kennedy, Jesse Norman and Tom Holland on Magna Carta

This article first appeared in the 04 June 2015 issue of the New Statesman, The myths of Magna Carta

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We can't rush to war in Syria without a plan for peace

A recent visit to Iraq has left me doubtful that the Prime Minister's plan can suceed, says Liam Byrne.

As shock of the Paris lifts and the fightback starts, all eyes are now the prime minister and, at last, the 'full spectrum response' we were promised months ago.

But what's needed now is not just another plan to bomb the ground -  but a plan to hold the ground we win. Four days in Northern Iraq has made me deeply sceptical about air strikes alone. It's convinced me that after the mistakes of Iraq and Libya, we cannot have yet another effort to win the battle and lose the war. Without politics and aid, projectiles and air-raids will fail. It's as simple as that.

After the horror of Paris it's easy to ignore that in Iraq and Syria, Isil is now in retreat. That's why these animals are lashing out with such barbarism abroad. In the ground war, Kurdistan's fighters in particular, known as the Peshmerga - or 'those who face death' -  have now shattered the myth of Isil's invincibility.

A fortnight ago, I travelled through Northern Iraq with a group of MP's arriving on the day the key town of Sinjar was stormed, cutting the umbilical cord - route 47 - between Isil's spiritual home of Mosul in Iraq and Isil HQ in Raqqa. And on the frontline in Kirkuk in north west Iraq, two miles from Isil territory, Commander Wasta Rasul briefed us on a similar success.

On the great earthwork defences here on the middle of a vast brown plain with the flares of the oil pumps on the horizon, you can see through binoculars, Isil's black flags. It was here, with RAF support, that Isil was driven out of the key oil-fields last summer. That's why air cover can work. And despite their best efforts - including a suicide attack with three Humvees loaded with explosives - Isil's fight back failed. Along a 1,000 km battle-front, Isil is now in retreat and their capitals aren't far from chaos.

But, here's the first challenge. The military advance is now at risk from economic collapse. Every political leader I met in Iraq was blunt: Kurdistan's economy is in crisis. Some 70% of workers are on the public payroll. Electricity is free. Fuel is subsidised. In other words, the Government's bills are big.

But taxes are non-existent. The banks don't work. Inward investment is ensnared in red tape. And when the oil price collapsed last year, the Government's budget fell through the floor.

Now, in a bust up with Baghdad, cash has been slashed to Kurdistan, just as a wave of 250,000 refugees arrived, along with over a million internally displaced people fleeing Da'esh and Shiite militias in the south. Nearly 6,000 development projects are stalled and people - including the Peshmerga - haven't been paid for months.

We have brave allies in the fight against Isil - but bravery doesn't buy them bullets. As we gear up the battle against Isil, it's now vital we help boost the Kurd's economic strength - or their sinews of war will weaken. There's an old Kurdish saying; 'the mountains are our only friends'. It's an expression born of years of let-down. In the fight against Da'esh, it's a mistake we can't afford to repeat today.

Second, everyone I met in Iraq was clear that unless the Sunni community can find alternative leadership to Isil then any ground we win may soon be lost, if not to Isil, then “Isil II”. Let's remember Isil didn't just 'emerge'. It grew from a tradition of political Islam decades old and mutated like a Frankenstein monster first by Al-Qaeda, then Al-Qaeda in Iraq, then the Al-Nusra front and now Isil.

Crucial to this warped perversion has been the total breakdown of trust between Iraq's Sunni residents - and the Shi'ite dominated government in Baghdad. In Mosul, for instance, when the Iraqi security forces left, they were stoned in their Humvees by local residents who felt completely humiliated. In refugee camps, it's not hard to find people who didn't flee Da'esh but Shi'ite militia groups.

Now, tracking surveys in Mosul report tension is rising. The Isil regime is sickening people with an obsessive micro-management of the way everyone lives and prays - down to how men must style their beards - with brutal punishment for anyone stepping out of line. Mobile phone coverage is cut. Food prices are rising. Electricity supplies are sporadic. Residents are getting restless. But, the challenge of gaining - and then holding a city of 3 million people will quite simply prove impossible without alternative Sunni leaders: but who are they? Where will they come from? The truth is peace will take politics.

There's one final piece of the puzzle, the PM needs to reflect on. And that's how we project a new unity of purpose. We desperately need to make the case that our cause is for both western and Islamic freedom.

I serve the biggest Muslim community in Britain - and amongst my constituents, especially young people, there's a profound sense that the conduct of this debate is making them feel like the enemy within. Yet my constituents hate Isil's violence as much as anyone else.

In Iraqi Kurdistan, I heard first-hand the extraordinary unity of purpose to destroy Isil with total clarity: “Your fight,” said the Kurdistan prime minister to us “is our fight.” In the refugee camps at Ashti and Bakhara, you can see why. Over a million people have been displaced in Kurdistan - grandparents, parents, children - fleeing to save their children - and losing everything on the way. “Da'esh,” said one very senior Kurdistan official 'aren't fighting to live. They're fighting to die. They're not battling a country or a system. They're battling humanity".

Here in Europe, we are hardwired to the fortunes of Central Asia, by trade, energy needs, investment and immigration. It's a vast region home to the seminal struggles of Israel/Palestine, Sunni/Shia and India/ Pakistan. Yet it's a land with which we share traditions of Abrahamic prophets, Greek philosophy and Arabic science. We need both victory and security. So surely we can't try once again to win a war without a plan for winning a peace. It's time for the prime minister to produce one.

Liam Byrne is Labour MP for Birmingham Hodge Hill, cofounder of the UK-China Young Leaders Roundtable and author of Turning to Face the East: How Britain Prospers in the Asian Century.