Magna Carta: The Christian Connection
What is not so well known is the overwhelming influence of the Christian church on this vitally important document. Australian law professor Augusto Zimmermann explains the Christian roots:
Common law means a legal system based upon the English legal system; a mixture of customary law, judge-made law and parliamentary law. At least until the early 19th century, the common law was heavily influenced by Christian philosophy. This philosophy argues that there is a divine reason for the existence of fundamental laws, and that such laws are superior to human-made legislation, thus reflecting universal and unchangeable principles by which everyone should live. This assumption was expressed, among other things, in the Magna Carta of 1215, a charter which guaranteed the basic rights and privileges to the English barons against the king. Professor Aroney explains Christianity’s ideological influence upon the Magna Carta:
From [the time of Alfred] the kings of England have traditionally recognised their submission to God. At their coronations they take an oath before the Archbishop acknowledging the Law of God as the standard of justice, and the rights of the church. They are also urged to do justice under God and to govern God’s people fairly. Magna Carta was a development of these themes.
As Zimmermann explains in another important article:
At the time of Magna Carta (1215), a royal judge called Henry de Bracton (d. 1268) wrote a massive treatise on principles of law and justice. Bracton is broadly regarded as ‘the father of the common law’, because his book De legibus et consuetudinibus Anglia is one of the most important works on the constitution of medieval England. For Bracton, the application of law implies ‘a just sanction ordering virtue and prohibiting its opposite’, which means that the state law can never depart from God’s higher laws. As Bracton explains, jurisprudence was ‘the science of the just and unjust’. And he also declared that the state is under God and the law, ‘because the law makes the king. For there is no king where will rules rather then the law.’
The Christian faith provided to the people of England a status libertatis (state of liberty) which rested on the Christian presumption that God’s law always works for the good of society. With their conversion to Christianity, the kings of England would no longer possess an arbitrary power over the life and property of individuals, changing the basic laws of the kingdom at pleasure. Rather, they were told about God’s promise in the book Isaiah, to deal with civil authorities who enact unjust laws (Isaiah 10:1). In fact, the Bible contains many passages condemning the perversion of justice by them (Prov 17:15, 24:23; Exo 23:7; Deut 16:18; Hab 1:4; Isa 60:14; Lam 3:34).
And recent research has even further demonstrated the Christians influence and underpinnings of this document.
New research suggests that Magna Carta may have been published predominantly by the church – rather than the Royal government of the day.
The revelations – announced as Britain prepares to commemorate the 800th anniversary of Magna Carta – shed remarkable new light on the politics behind the issuing of the charter.
Magna Carta forever changed the world, and we still are enjoying the fruit of this overwhelmingly Christian document. But the tragedy is, the Western world is quickly renouncing its Christian past. And with it, it is renouncing freedom, democracy and rule of law.