A Magna Carta wrongly listed as an unofficial copy for nearly 80 years has been confirmed as an original from 1300.
The discovery means the document is just one of seven issued in 1300 by Edward I that still survive.
David Carpenter, a professor of medieval history at King’s College London, stumbled on a document labelled as an unofficial copy of Magna Carta from 1327 in Harvard law school library’s online collection.
He said: “I was trawling through all these online statute books trying to find unofficial copies of the Magna Carta … and I immediately thought: my god this looks for all the world like an original of Edward I’s confirmation of Magna Carta in 1300, though of course appearances are deceptive.”
Carpenter and Nicholas Vincent, professor of medieval history at the University of East Anglia, used a battery of tests to establish the authenticity of the document, known as HLS MS 172.
“Using spectral imaging and ultraviolet light, because in places the condition isn’t very good, I worked through it word by word and it matched perfectly to the other six,” Carpenter said. “One extraordinary little detail about the handwriting is the initial E at the start of Edwardus. The next letter – the D – of Edwardus is also a capital, which is quite unusual. And yet you find that capital D in one of the other six originals.”
Magna Carta, originally granted by King John in 1215, was the first document to put into writing the principle that the king and his government were not above the law.
Carpenter described HLS MS 172 as “one of the world’s most valuable documents”.
He added: “It asserts a fundamental principle that the ruler is subject to the law. He can’t just say: ‘Into prison, off with your head, I’m seizing your property.’ If he wants to act against you, he has to do so by legal process. It’s the foundation stone of the western tradition of law and democracy.”
According to the library’s accession register, it had bought what it believed to be a copy for $27.50 in 1946. A month earlier, an RAF veteran had sold it to the London book dealers Sweet & Maxwell for £42.
Vincent said: “It’s easy to understand why it was mis-catalogued when it was sold … it’s a long time ago. Everyone in 1945 was a bit tired. It’s worth many, many, many, many times that.”
Carpenter described the discovery as fantastic news for Harvard. “I felt amazed. First that it existed at all and secondly, that Harvard didn’t realise what they had. I felt slightly awestruck in a way because the 1300 confirmation by Edward I is the most authoritative of all confirmations,” he added.
Carpenter and Vincent believe the document was issued to the former parliamentary borough of Appleby in Cumbria in 1300.
Vincent said: “It was then passed down through an evil aristocratic family of the 18th century, the Lowthers, who then gave it to Thomas Clarkson, who was the leading slavery abolitionist. And then, through Clarkson’s estate, it went to this fellow, Forster Maynard, who was a first world war flying ace, who ended up as the commander of the airbase on Malta at the start of the second world war. The provenance of this document is extraordinary.”
Amanda Watson, Harvard Law School’s assistant dean for library and information services, said: “Congratulations to Professors Carpenter and Vincent on their fantastic discovery. This work exemplifies what happens when magnificent collections, like Harvard Law Library’s, are opened to brilliant scholars.”
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