Historian Peter Linebaugh, author of The London Hanged and history teacher at the University of Toledo in Ohio, USA, has written a splendid book on Magna Carta. He studies a wide range of references to Magna Carta, particularly the US Supreme Court's references.
In the early 13th century, Britain's landed aristocracy was destroying the woodlands for commercial profit, undermining the wooded basis of material life and expropriating the indigenous people. The people then forced two charters on King John at Runnymede in 1215 - Magna Carta and the Charter of the Forest.
The two charters became the common law of the land. Magna Carta's Chapter 39 laid down habeas corpus, trial by jury, a ban on torture, and due process.
However, the ruling class has wiped the Charter of the Forest from memory. It has also twisted Magna Carta into a defence of private property, corporations' rights and laissez-faire. But the two charters should not be separated. Political and legal rights exist only on an economic basis. To be free citizens, we need to be free producers.
What did the Charter of the Forest say? It limited expropriation and upheld the principles of neighbourhood, subsistence, travel, anti-enclosure and reparations. It pointed towards ending the commodity form of wealth, and to protecting the people from privatisers, autocrats and militarists. It was against false idols and for the right of resistance. It defended the commons, maintaining that all property should be vested in the community, and that labour should be organised for the benefit of all.
The ruling class has always feared and detested the peoples of the world. Linebaugh cites the 1885 Report of Indian Famine Commission, which blamed the famine on `the ignorance of the people, their obstinacy and their dislike for work'.
Marx described in Das Kapital how the ruling class in Britain stole the common land and transformed it into modern private property, first in Britain, then in the Empire. Now again, we are experiencing the theft of the commons, the privatisation of our energy resources and the destruction of the building societies.