Magna Carta: Sealed, Not Signed — and Definitely Not Your Licence to Rebel
Magna Carta was never a people’s charter and Article 61 won’t save you. But its legacy as a symbol of law over kings still matters.
Over the past week, an old claim has been doing the rounds on social media again. You may have seen the screenshot: “Article 61 of Magna Carta gives us the right to lawful rebellion against unjust government.” It’s bold, it’s simple, and it’s everywhere — no doubt stirred up by the Tommy Robinson march last weekend and the wider mood of anger and mistrust that follows such rallies
The trouble is, it’s also wrong. Magna Carta is a hugely important historical document, but it never gave ordinary people the right to rebel, then or now. What it was, in fact, was a medieval peace treaty between an unpopular king and a gang of grumpy barons trying to keep him in check.
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Not a People’s Charter
Let’s start with the basics. Magna Carta was agreed in June 1215 at Runnymede. King John had been squeezing his nobles for money through heavy taxes, fines, and outright bullying. He’d lost Normandy to the French, his reputation was in tatters, and the barons had had enough. They marched on him and forced a deal.
That deal was Magna Carta — literally “The Great Charter.”
Now, people often ask: “Where was Magna Carta signed?” The cheeky answer is, of course, “at the bottom.” The truthful answer is that it wasn’t signed at all. Medieval kings didn’t scrawl their names with a Montblanc. They used the Great Seal — a lump of wax pressed with a metal die — the medieval equivalent of a royal rubber stamp. Several copies were made and distributed around the country, a sort of thirteenth-century “send all.”
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What Magna Carta Contained
The Charter had 63 clauses. Most of them weren’t exactly the stuff of stirring speeches. They dealt with debt repayments, inheritance rules, and even fish traps on the Thames. But some were more lasting.
• “To no one will we sell, to no one deny or delay right or justice.”
• “No free man shall be seized or imprisoned except by the lawful judgment of his equals or by the law of the land.”
These are the famous lines, and they sound like they belong in a modern constitution. But we must remember: in 1215, “free men” meant the barons and a narrow slice of society. Most ordinary people — peasants, villeins, the unfree majority — didn’t count.
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Article 61 and the Myth of “Lawful Rebellion”
The viral posts focus on Article 61, the so-called “security clause.” This clause allowed a council of 25 barons to monitor King John and, if he broke his promises, seize his lands and castles until he behaved.
Sounds dramatic. But it wasn’t a democratic safeguard. It was 25 aristocrats making sure they had the legal cover to bully the king if necessary. Ordinary people had no part in it.
Worse for the myth-makers, Article 61 was a dead letter almost as soon as it was sealed. Pope Innocent III annulled Magna Carta within months, declaring it invalid. Civil war broke out again. When the Charter was reissued by John’s son Henry III, Article 61 had vanished. It has never returned.
That’s why modern courts laugh off attempts to invoke “lawful rebellion.” It simply isn’t law, and hasn’t been for more than 800 years.
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Wine, Ale, and the Pub Measure Problem
Another favourite snippet is the clause demanding one measure of wine, one measure of ale, and one measure of corn throughout the land. It was about fairness in trade: stopping one town’s “pint” being half the size of another’s.
Imagine if that had stuck. We could walk into any pub and know exactly how generous a “large” glass of wine was meant to be. Instead, the clause faded away, and it took much later legislation to standardise measures. Today, licensing law requires wine to be sold in 125ml, 175ml, or 250ml glasses — nothing to do with Magna Carta, everything to do with consumer protection.
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Why Magna Carta Still Matters
If Magna Carta was quickly annulled, baronial in focus, and only three clauses survive today (on the freedom of the church, the liberties of the City of London, and the right to justice), why do we still talk about it?
Because over time, it became more symbol than substance. In the thirteenth and fourteenth centuries, the reissued charters became a touchstone for arguments between monarchs and subjects. In the seventeenth century, Sir Edward Coke and his allies held it up as proof that even the Stuart kings were bound by law. In the eighteenth century, American colonists cited it when they demanded their rights against Britain.
In other words, Magna Carta mattered less for what it was in 1215, and more for what it was later imagined to be. It became shorthand for liberty, due process, and the rule of law.
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Folklore and the Modern “Geist”
The renewed circulation of Article 61 posts is part of a wider online mood — a geist, if you like — that thrives in times of mistrust. People want simple answers, and Magna Carta looks like a handy one: “our rights are ancient, and we can claim them now.”
It feels good, but it isn’t true. Magna Carta was a baronial peace treaty, not a democratic constitution. Its lawful rebellion clause died in 1215. Its wine measure was a nice idea, but it didn’t stick.
What did survive was its symbolism: the idea that rulers are subject to law. That principle has been expanded and reinterpreted over centuries, becoming part of the story of democracy. But it’s a story of evolution, not instant revolution.
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Conclusion
So next time you see that screenshot — the one promising a right to lawful rebellion — remember this: Magna Carta was sealed, not signed. It was stitched up between John and his barons, not handed to the people. It gave 25 nobles permission to nick castles, not you or me a licence to defy the taxman.
And yet, despite all that, it remains powerful. Because even in 1215, for the first time, an English king had put his seal to a document saying he wasn’t above the law. That idea, however limited at the time, grew into something bigger.
Magna Carta is not a tool for rebellion today. But as a symbol that law can tame power, it’s still one of the great landmarks in our history.