Articles of the Barons, the precursor to the Magna Carta, and the effort to constrain the King's abuses of power—what you fittingly describe as “bastardry.”

Part 2 of 10: The Articles of the Barons – The First Stand Against Bastardry

Before the ink had dried on the Magna Carta in June 1215, there existed another pivotal document that paved the way for this monumental charter: the Articles of the Barons. While the Magna Carta has become the celebrated symbol of liberty and the rule of law, the Articles served as the foundational blueprint—a raw, urgent list of grievances against King John’s reign of bastardry, issued by a coalition of barons determined to curtail a tyrant’s excesses and restore justice to the realm.

For all the reverence that the Magna Carta has received over the centuries, it is crucial to recognize that the Articles of the Barons deserve their own esteemed place in the annals of history concerning justice and governance. They are not merely an artefact of a bygone era; they are a profound record of rebellion against unchecked executive power. They constitute a declaration, not of independence in the modern sense, but of accountability, demanding that those in power adhere to the same laws that govern their subjects.

What were the Articles of the Barons?

The Articles of the Barons were drafted in early June 1215, emerging as a negotiation framework—essentially a demand list—delivered to King John by a faction of rebel barons. Faced with mounting military pressure and the imminent threat of political collapse, King John affixed his seal to the Articles on 15 June 1215. This act was significant as it acknowledged the legitimacy of the barons' concerns and formed the agreed basis upon which the later Magna Carta was formalized and issued just days later, effectively laying the groundwork for a new legal order.

In stark contrast to the more polished and refined Magna Carta, which was meticulously crafted by royal scribes and clerics for public proclamation, the Articles were raw, direct, and unvarnished. They laid bare the barons’ fury and frustration at John’s misrule: arbitrary imprisonment, extortionate taxation, interference with inheritance rights, manipulation of justice, and egregious abuse of feudal privilege. To use a modern term, they exposed a troubling pattern of governance that was characterized more by rule-of-intimidation than by the rule-of-law.

A Charter Against Tyranny

The barons did not frame their opposition as mere sedition or rebellion against the crown. Instead, they positioned themselves as defenders of customary law and the rightful order of feudal obligations. However, beneath that medieval language lay a simple yet powerful truth—they were utterly disillusioned and sick of being treated as subjects of whim, rather than as subjects of law, deserving of protection and justice.

At the very heart of their complaints was a single, compelling proposition: the King had become a law unto himself, wielding his power without regard for the established legal norms that had governed the land for generations.

The Articles aimed to put a stop to this bastardry by demanding enforceable limits on royal power. For instance:

• No taxation without consent – a radical departure from the principles of absolute monarchy, asserting that the King could not levy taxes without the agreement of his subjects.

• Security for enforcement – the infamous Clause 61, which was later incorporated into the Magna Carta, allowed for 25 barons to enforce the charter’s terms against the King, thereby introducing a mechanism for accountability.

• Restoration of legal norms – the Articles called for trials to be held in proper counties and courts, rather than in the King’s pocket courts, which were often biased and unjust.

In essence, they sought to constrain the monarchy with enforceable obligations and to establish that power could not be exercised arbitrarily or without due process. This was a monumental shift in the relationship between the monarchy and its subjects, paving the way for future legal developments.

Why Does This Matter in Australia Today?

Although we live under a constitutional monarchy today, we are not immune to modern forms of authoritarian behavior and abuses of power. When an employer uses disciplinary processes to punish rather than to assess… when a manager acts without procedural fairness… when employees are given no genuine opportunity to respond to allegations or defend themselves… we see echoes of the same abuses that the barons sought to confront in their time.

Australian employment and human rights law, though it has evolved significantly over the centuries, is still shaped by these ancient struggles for justice and accountability. Our

Articles of the Barons, the precursor to the Magna Carta, and the effort to constrain the King's abuses of power—what you fittingly describe as “bastardry.”

workplace protections—including the principles of natural justice, anti-discrimination laws, and general protections under the Fair Work Act—exist to ensure that no individual, regardless of their power or position, may act beyond scrutiny or accountability.

Much like the barons demanded from King John, modern workers and advocates today continue to demand:

• Fair hearings before adverse action – ensuring that individuals have the right to present their case before any punitive measures are taken against them.

• Protection from retaliation for speaking out – safeguarding those who raise concerns or report misconduct from facing adverse consequences.

• The right to challenge unjust or arbitrary decisions – allowing individuals the opportunity to appeal decisions that are made without fair consideration.

The Beginning of a Legal Consciousness

It is essential to understand the Articles of the Barons not merely as a failed first draft of what would later become the Magna Carta, but rather as the moment a legal consciousness began to emerge among those governed. This pivotal moment marked a significant turning point—from a culture of blind obedience to the whims of power to an expectation of lawful governance and accountability from those in authority.

While the language may have been feudal, and the actors primarily from the elite class, the legacy of the Articles is profoundly democratic. Their impact led directly to the creation of the Magna Carta. Furthermore, they laid the groundwork for later developments in the evolution of legal rights, such as the Petition of Right (1628) and the Bill of Rights (1689)—each one an echo of this early stand against tyranny and for the protection of individual liberties.

Final Reflection

The Articles of the Barons teach us a crucial lesson: legal rights are not merely given; they must be asserted and fought for. Often, these rights are asserted in response to bastardry—abuses of power that threaten the dignity of individuals and the integrity of society as a whole.

Their message to King John was unequivocal: power must be restrained, and justice must be real and accessible to all. This enduring message still resonates with us today, reminding us of the importance of vigilance in the face of power and the necessity of accountability in governance.

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Written by Brian AJ Newman, LLB

Follow the series at www.bajn.au