Good. But could do better. That was the message that the English people conveyed to their all-conquering monarch at the height of the Hundred Years’ War. In 1358, England’s great warrior-king Edward III asked parliament if he should accept a peace treaty he’d negotiated with the French, following a series of dramatic military victories. Parliament emphatically advised the king to fight again. Too much blood had been shed and too much treasure expended. The French, MPs declared, were not offering enough.

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For Edward’s distant predecessor King John, such a scenario would have been unthinkable. Then, at the dawn of the 13th century, there was no notion of shared national enterprise around foreign policy. The English king’s lands in France were a matter for the king alone – not for the community of the realm expressing its will through parliament. The people, if they had been courageous enough to venture their opinions to John, would have been told – not so politely – to keep their noses out.

It was also unimaginable during John’s reign that other matters that parliament routinely considered in Edward III’s day – issues such as how much tax people paid, and the way in which law and justice was dispensed to the masses – might be a matter of nationwide debate.

The loss of Normandy was a shattering blow but it triggered a chain reaction that would lead to Magna Carta

Yet the 150 or so years between John’s reign and Edward’s victories over the French witnessed the utter transformation of the English state. This extraordinary period saw the introduction of a system of national taxation by consent, and the advent of the forum that approved that tax: parliament. It saw the legal system grow exponentially and a network of royal officers being appointed across the land. It saw striking advances in military organisation, including the professionalisation of the army. And, of course, it saw the introduction of Magna Carta, which established the much-cherished principle that the king was subject to the same law as his subjects.

Today we think of the 13th and 14th centuries as a period of protracted warfare and plague. It was undoubtedly both those things. But it was also the period that laid the foundations for many elements of the English, and by extension British, state as we know it today. So why did this transformation happen? And who were the main drivers behind this change?

When John became king in 1199, it is doubtful that he gave any thought to these grand questions of statehood. That’s partly because the concept of the state as we know it did not exist. But it's mainly because John had far more urgent concerns occupying his in-tray. He had to fend off a rival claim to the throne of England from his nephew Arthur, and he had to get to grips with a major assault launched by his great French rival, King Philip II.

Philip was determined to assert himself, and that meant seizing lands held in France by John. Those English possessions stretched far across France, from Normandy in the north to Aquitaine in the south-west – a block much larger than the territory directly controlled by the French king.

Unfortunately for John, Philip was not only hugely ambitious but also vastly capable, and in 1204 the French king seized the jewel in the English crown, Normandy, shortly followed by many of the other English territories in France.

The key moment in this English debacle was the loss of Château Gaillard, Richard the Lionheart’s extraordinary defensive system on the cliffs of the Seine at Les Andelys. Richard had declared that the walls of this mighty castle could hold out against the French even had they been made of butter. John’s manifold deficiencies as both a king and a military commander proved his older brother decisively wrong.

The loss of Normandy in 1204 was a shattering blow. But it was also a turning point in English history: for it prompted a chain reaction that would lead to Magna Carta. Determined to regain his territories, John returned to England to regroup.

Over the following decade, he raised vastly more money in England than any of his predecessors, money he used to build continental alliances and fund a new military expedition to France. Funds flowed into the royal coffers through fines levied by the king on members of the nobility. These were extorted with threats, violence and the sale of justice to the highest bidder – and triggered a wave of resentment across the realm. John is rightly seen as one of England’s cruellest kings. According to one chronicler, he violated the wives and daughters of his nobles; in the words of another, he roasted French prisoners of war on tripods and gridirons.

The unfairness and brutality of all this was not lost on England’s barons, who, as the wealthiest subjects, bore the brunt of John’s impositions. If the common law – which since 1166 had offered all men and women cheap access to royal justice – dictated that the barons could not abuse, bribe and extort their fellow countrymen without facing legal action, then why, they asked, should the king be allowed to do it?

And so, when John’s ambitions to regain lost territory came crashing down with military defeat in 1214, his opponents in England lost no time in demanding change. In Magna Carta, literally the ‘Great Charter’, they attempted to put an end, one by one, to all the questionable practices of their king. While John fought the rebels with all his might, his death in 1216, and the accession of his son as Henry III during a civil war that showed little sign of leading to any lasting settlement, meant that no government could hope to move forward in peace without compromise. That compromise was the confirmation of Magna Carta.

By placing kings under the same law as their subjects, Magna Carta made it impossible for future monarchs to raise money for war arbitrarily. Doing so would bring political crisis, as Henry III discovered when, in an echo of his father, he began to threaten the landed property of his barons.

It soon became abundantly clear that if the king wanted to defend his lands, he would have to find a new way of raising the money he required – one that involved accessing his subjects’ wealth in a legitimate manner. It was this imperative that led to the introduction of a national system of taxation by consent – and, in the 1230s, the emergence of the body that would grant (or refuse) such consent: parliament.
Parliament took its name from the French Parlement, ‘the place of discussion’, and true to that name, it soon became an arena for national debate on all areas of public policy. It was initially the exclusive domain of the very rich and powerful. But, by the end of the 13th century, a wider cross-section of the population was contributing to that debate. In 1258, when political crisis erupted in the face of Henry III’s unpopular foreign and financial policies, demands were made that angry knights, as well as disaffected barons, should be represented. This broader social representation was extended again during the reign of Edward I. In the 14th century, parliament came to consist of Lords and Commons, just as it does today – the latter elected to represent all the localities in the country.

Under Edward, a partnership was established with parliament that led to repeated grants of taxation to support the king in wars in Wales, Scotland and France. This practice – of the crown co-opting the resources of the realm to royal military imperatives – led to a developing sense that foreign policy was not merely dynastic but national, in the interests of the entire country. By the time Edward I’s grandson Edward III was striding across Europe with aplomb in the mid-14th century, his subjects in parliament were fully engaged in consultation with the king, his ministers and judges on all aspects of national government.

National taxation, approved by parliament, produced predictable and reliable war finance that enabled England to professionalise its army under Edward I and particularly Edward III. This enabled England to punch well above its weight internationally until the mid-15th century, most especially in the first half of the Hundred Years’ War with France. The battles of Crécy in 1346 and Poitiers in 1356 respectively saw the English destroy the French field army and capture the French king, John II.

At the naval battle of Sluys in 1340, thousands of French soldiers drowned, fleeing English men-at-arms and archers charging across their decks. This was the English realm in its military pomp, producing arguably the country’s most significant naval triumph until Trafalgar in 1805. “How do we know that French knights are braver than English knights?” asked a jester of his master, the French king Philip VI, in the aftermath of Sluys. When Philip failed to provide an answer, the jester gave the sardonic reply: “Because English knights are afraid to jump into the sea."

The common law was in such demand that courts struggled to keep up with the volume of business

Government, too, was growing increasingly sophisticated. The common law was in such demand that the courts struggled to keep up with the volume of business. The people of England were clearly hungry for the impartial, enforceable and centrally recorded justice provided by this ever-growing national legal system. Kings added to the pressure themselves because they regularly commissioned nationwide enquiries into crime and corruption. Edward I created so much legislation during his 35-year-reign that he was later called the English Justinian, after the famous law-giving Roman emperor.

Such extensive legislating required a new professional cadre of judges, attorneys and justices of the peace. Government co-opted so many of the king’s subjects into its work that it is estimated that, by the mid-14th century, some 40 per cent of male house-holders were involved in some way – as sheriffs, jurors, constables, military recruiters, purveyors of supplies and tax collectors.

England was hardly alone in all of this. Rapidly evolving ideas about the authority of the king as lawgiver were mirrored across Europe. Monarchs from Louis IX of France to the Holy Roman Emperor Frederick II embarked upon vast legislative programmes. In Iberia, Alfonso X of Castile ordered the compilation of law codes into a document, La Siete Partidas, that remains celebrated today.

The 13th-century rediscovery in Europe of Aristotle’s work added another flavour to this. Influenced by the ancient Greek philosopher’s ideas, writers began to see government as a force for good, not simply a necessary evil. Kings and their subjects eagerly embraced these ideas, both to claim power and to demand accountability.

Yet not all nations experienced this thirst for power and accountability in the same way. In England, the quest for the com- mon good was put under intense pres- sure by conflict and mass death. War in France and across the British Isles drove political change – and brought with it significant disorder. In the early 14th century, during a break in hostilities, demobbed soldiers formed armed bands that marauded across England, leaving a trail of outrages in their wake. That prompted one of the biggest enquiries into crime that had yet taken place in England – the so-called ‘trailbaston’ commissions.

Pandemic also shattered society’s sense of security. The Black Death, which first hit England in 1348 and re-appeared in several waves, killed at least 40 per cent of the population, forcing government to intervene to regulate the labour market. The Statute of Labourers of 1351sought to constrain wage growth and labour mobility, as workers exploited their scarcity to demand higher pay and move to better paid jobs.

Those in the upper echelons of society were clearly disturbed by this new thirst for social mobility. We can see this in the Sumptuary Law of 1363, which stipulated that the lower orders should not dress in clothes above their station. Such enforced restraint was hugely controversial, and the combination of a surprisingly buoyant economy and fierce opposition meant that the laws were widely ignored.

What no one could ignore, however, was the crisis that struck the economy in the early 1370s. The fall-out from the financial downturn – caused by a collapse in prices, for reasons historians do not fully understand – was long and ultimately bloody. In the immediate aftermath, peasants experienced a double whammy of the sudden enforcement of earlier labouring legislation and the imposition of the first poll tax. Anger and resentment simmered away until, in 1381, they exploded in the popular uprising known as the Peasants’ Revolt.

It took the authorities just a few months to put down the revolt, but not before the rebels had chopped off the heads of two of the most powerful men in the land – the archbishop of Canterbury and the lord high treasurer – and reduced the Savoy Palace, John of Gaunt’s opulent residence on the Thames, to a smouldering ruin. At the height of the uprising, the king himself – Richard II – felt compelled to ride out to Smithfield to listen to the rebels’ demands.

Richard II survived his encounter with the peasants but it was a mere stay of execution. Like King John before him, Richard was a weak, negligent and ultimately tyrannical ruler. And like John, his reign ended in ignominy, deposed by his cousin Henry Bolingbroke in 1399. Yet there was a crucial difference – one that signals just how far the tectonic plates of the English state had shifted over the two centuries between the reigns of these hapless rulers.

John’s downfall occurred in the midst of a chaotic war in which a tiny cadre of the most powerful men in the land sought to limit the power of the king on behalf of ‘the community of the realm’. When Bolingbroke ousted Richard II, he presented deposition articles for the approval of a packed parliament of Lords and Commons gathered from across the kingdom. Where John had failed his dynasty, Richard had failed the entire English nation.

Caroline Burt and Richard Partington are the authors of Arise, England: Six Kings and the Making of the English State, which was published by Faber & Faber in April

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This article was first published in the September 2024 issue of BBC History Magazine

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