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Magna Carta

January 19, 2024

This article is about the English charter of 1215. For other uses, see Magna Carta (disambiguation).

Magna Carta Libertatum (Medieval Latin for "Great Charter of Freedoms"), commonly called Magna Carta or sometimes Magna Charta ("Great Charter"),[a] is a royal charter[4][5] of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215.[b] First drafted by the Archbishop of Canterbury, Cardinal Stephen Langton, to make peace between the unpopular king and a group of rebel barons, it promised the protection of church rights, protection for the barons from illegal imprisonment, access to swift and impartial justice, and limitations on feudal payments to the Crown, to be implemented through a council of 25 barons.[citation needed] Neither side stood by their commitments, and the charter was annulled by Pope Innocent III, leading to the First Barons' War.[citation needed]

Magna Carta
Cotton MS. Augustus II. 106, one of four surviving exemplifications of the 1215 text
Created1215; 809 years ago (1215)
LocationTwo at the British Library; one each in Lincoln Castle and in Salisbury Cathedral
Author(s)
PurposePeace treaty
Full text
Magna Carta at Wikisource

After John's death, the regency government of his young son, Henry III, reissued the document in 1216, stripped of some of its more radical content, in an unsuccessful bid to build political support for their cause. At the end of the war in 1217, it formed part of the peace treaty agreed at Lambeth, where the document acquired the name "Magna Carta", to distinguish it from the smaller Charter of the Forest, which was issued at the same time.[citation needed] Short of funds, Henry reissued the charter again in 1225 in exchange for a grant of new taxes.[citation needed] His son, Edward I, repeated the exercise in 1297, this time confirming it as part of England's statute law.[citation needed] The charter became part of English political life and was typically renewed by each monarch in turn, although as time went by and the fledgling Parliament of England passed new laws, it lost some of its practical significance.[citation needed]

A common belief is that Magna Carta was a unique and early charter of human rights. However, nothing about Magna Carta was unique in either its content or form for 12th–13th century Europe.[6] At the end of the 16th century, there was an upsurge in interest in Magna Carta. Lawyers and historians at the time believed that there was an ancient English constitution, going back to the days of the Anglo-Saxons, that protected individual English freedoms. They argued that the Norman invasion of 1066 had overthrown these rights and that Magna Carta had been a popular attempt to restore them, making the charter an essential foundation for the contemporary powers of Parliament and legal principles such as habeas corpus.[citation needed] Although this historical account was badly flawed, jurists such as Sir Edward Coke used Magna Carta extensively in the early 17th century, arguing against the divine right of kings.[citation needed] Both James I and his son Charles I attempted to suppress the discussion of Magna Carta.[citation needed] The political myth of Magna Carta and its protection of ancient personal liberties persisted after the Glorious Revolution of 1688 until well into the 19th century. It influenced the early American colonists in the Thirteen Colonies and the formation of the United States Constitution, which became the supreme law of the land in the new republic of the United States.[citation needed][c]

Research by Victorian historians showed that the original 1215 charter had concerned the medieval relationship between the monarch and the barons, rather than the rights of ordinary people,[citation needed] but the charter remained a powerful, iconic document, even after almost all of its content was repealed from the statute books in the 19th and 20th centuries.[citation needed] None of the original 1215 Magna Carta is currently in force since it was repealed; however, four clauses of the original charter (1 (part), 13, 39, and 40) are enshrined in the 1297 reissued Magna Carta and do still remain in force in England and Wales (as clauses 1, 9, and 29 of the 1297 statute).[7][8]

In the 21st century, four exemplifications of the original 1215 charter remain in existence, two at the British Library, one at Lincoln Castle and one at Salisbury Cathedral. There are also a handful of the subsequent charters in public and private ownership, including copies of the 1297 charter in both the United States and Australia. Although scholars refer to the 63 numbered "clauses" of Magna Carta, this is a modern system of numbering, introduced by Sir William Blackstone in 1759; the original charter formed a single, long unbroken text. The four original 1215 charters were displayed together at the British Library for one day, 3 February 2015, to mark the 800th anniversary of Magna Carta.[citation needed]

History

13th century

Background

Main article: John, King of England
 
King John on a stag hunt

Magna Carta originated as an unsuccessful attempt to achieve peace between royalist and rebel factions in 1215, as part of the events leading to the outbreak of the First Barons' War. England was ruled by King John, the third of the Angevin kings. Although the kingdom had a robust administrative system, the nature of government under the Angevin monarchs was ill-defined and uncertain.[9][10] John and his predecessors had ruled using the principle of vis et voluntas, or "force and will", taking executive and sometimes arbitrary decisions, often justified on the basis that a king was above the law.[10] Many contemporary writers believed that monarchs should rule in accordance with the custom and the law, with the counsel of the leading members of the realm, but there was no model for what should happen if a king refused to do so.[10]

John had lost most of his ancestral lands in France to King Philip II in 1204 and had struggled to regain them for many years, raising extensive taxes on the barons to accumulate money to fight a war which ended in expensive failure in 1214.[11] Following the defeat of his allies at the Battle of Bouvines, John had to sue for peace and pay compensation.[12] John was already personally unpopular with many of the barons, many of whom owed money to the Crown, and little trust existed between the two sides.[13][14][15] A triumph would have strengthened his position, but in the face of his defeat, within a few months after his return from France, John found that rebel barons in the north and east of England were organising resistance to his rule.[16][17]

The rebels took an oath that they would "stand fast for the liberty of the church and the realm", and demanded that the King confirm the Charter of Liberties that had been declared by King Henry I in the previous century, and which was perceived by the barons to protect their rights.[17][18][19] The rebel leadership was unimpressive by the standards of the time, even disreputable, but were united by their hatred of John;[20] Robert Fitzwalter, later elected leader of the rebel barons, claimed publicly that John had attempted to rape his daughter,[21] and was implicated in a plot to assassinate John in 1212.[22]

 
A mural of Pope Innocent III, c. 1219

John held a council in London in January 1215 to discuss potential reforms, and sponsored discussions in Oxford between his agents and the rebels during the spring.[23] Both sides appealed to Pope Innocent III for assistance in the dispute.[24] During the negotiations, the rebellious barons produced an initial document, which historians have termed "the Unknown Charter of Liberties", which drew on Henry I's Charter of Liberties for much of its language; seven articles from that document later appeared in the "Articles of the Barons" and the subsequent charter.[25][26][27]

It was John's hope that the Pope would give him valuable legal and moral support, and accordingly John played for time; the King had declared himself to be a papal vassal in 1213 and correctly believed he could count on the Pope for help.[24][28] John also began recruiting mercenary forces from France, although some were later sent back to avoid giving the impression that the King was escalating the conflict.[23] In a further move to shore up his support, John took an oath to become a crusader, a move which gave him additional political protection under church law, even though many felt the promise was insincere.[29][30]

Letters backing John arrived from the Pope in April, but by then the rebel barons had organised into a military faction. They congregated at Northampton in May and renounced their feudal ties to John, marching on London, Lincoln, and Exeter.[31] John's efforts to appear moderate and conciliatory had been largely successful, but once the rebels held London, they attracted a fresh wave of defectors from the royalists.[32] The King offered to submit the problem to a committee of arbitration with the Pope as the supreme arbiter, but this was not attractive to the rebels.[33] Stephen Langton, the archbishop of Canterbury, had been working with the rebel barons on their demands, and after the suggestion of papal arbitration failed, John instructed Langton to organise peace talks.[32][34]

Great Charter of 1215

 
The Articles of the Barons, 1215, held by the British Library

John met the rebel leaders at Runnymede, a water-meadow on the south bank of the River Thames, on 10 June 1215. Runnymede was a traditional place for assemblies, but it was also located on neutral ground between the royal fortress of Windsor Castle and the rebel base at Staines, and offered both sides the security of a rendezvous where they were unlikely to find themselves at a military disadvantage.[35][36] Here the rebels presented John with their draft demands for reform, the 'Articles of the Barons'.[32][34][37] Stephen Langton's pragmatic efforts at mediation over the next ten days turned these incomplete demands into a charter capturing the proposed peace agreement; a few years later, this agreement was renamed Magna Carta, meaning "Great Charter".[34][37][38] By 15 June, general agreement had been made on a text, and on 19 June, the rebels renewed their oaths of loyalty to John and copies of the charter were formally issued.[34][37]

Although, as the historian David Carpenter has noted, the charter "wasted no time on political theory", it went beyond simply addressing individual baronial complaints, and formed a wider proposal for political reform.[32][39] It promised the protection of church rights, protection from illegal imprisonment, access to swift justice, and, most importantly, limitations on taxation and other feudal payments to the Crown, with certain forms of feudal taxation requiring baronial consent.[16][40] It focused on the rights of free men—in particular, the barons.[39] The rights of serfs were included in articles 16, 20 and 28.[41][d] Its style and content reflected Henry I's Charter of Liberties, as well as a wider body of legal traditions, including the royal charters issued to towns, the operations of the Church and baronial courts and European charters such as the Statute of Pamiers.[44][45]

Under what historians later labelled "clause 61", or the "security clause", a council of 25 barons would be created to monitor and ensure John's future adherence to the charter.[46] If John did not conform to the charter within 40 days of being notified of a transgression by the council, the 25 barons were empowered by clause 61 to seize John's castles and lands until, in their judgement, amends had been made.[47] Men were to be compelled to swear an oath to assist the council in controlling the King, but once redress had been made for any breaches, the King would continue to rule as before.[48]

In one sense this was not unprecedented. Other kings had previously conceded the right of individual resistance to their subjects if the King did not uphold his obligations. Magna Carta was novel in that it set up a formally recognised means of collectively coercing the King.[48] The historian Wilfred Warren argues that it was almost inevitable that the clause would result in civil war, as it "was crude in its methods and disturbing in its implications".[49] The barons were trying to force John to keep to the charter, but clause 61 was so heavily weighted against the King that this version of the charter could not survive.[47]

John and the rebel barons did not trust each other, and neither side seriously attempted to implement the peace accord.[46][50] The 25 barons selected for the new council were all rebels, chosen by the more extremist barons, and many among the rebels found excuses to keep their forces mobilised.[51][52][53] Disputes began to emerge between the royalist faction and those rebels who had expected the charter to return lands that had been confiscated.[54]

Clause 61 of Magna Carta contained a commitment from John that he would "seek to obtain nothing from anyone, in our own person or through someone else, whereby any of these grants or liberties may be revoked or diminished".[55][56] Despite this, the King appealed to Pope Innocent for help in July, arguing that the charter compromised the Pope's rights as John's feudal lord.[54][57] As part of the June peace deal, the barons were supposed to surrender London by 15 August, but this they refused to do.[58] Meanwhile, instructions from the Pope arrived in August, written before the peace accord, with the result that papal commissioners excommunicated the rebel barons and suspended Langton from office in early September.[59]

Once aware of the charter, the Pope responded in detail: in a letter dated 24 August and arriving in late September, he declared the charter to be "not only shameful and demeaning but also illegal and unjust" since John had been "forced to accept" it, and accordingly the charter was "null, and void of all validity for ever"; under threat of excommunication, the King was not to observe the charter, nor the barons try to enforce it.[54][58][60][61]

By then, violence had broken out between the two sides. Less than three months after it had been agreed, John and the loyalist barons firmly repudiated the failed charter: the First Barons' War erupted.[54][62][63] The rebel barons concluded that peace with John was impossible, and turned to Philip II's son, the future Louis VIII, for help, offering him the English throne.[54][64][e] The war soon settled into a stalemate. The King became ill and died on the night of 18 October 1216, leaving the nine-year-old Henry III as his heir.[65]

Charters of the Welsh Princes

Magna Carta was the first document in which reference is made to English and Welsh law alongside one another, including the principle of the common acceptance of the lawful judgement of peers.

Chapter 56: The return of lands and liberties to Welshmen if those lands and liberties had been taken by English (and vice versa) without a law abiding judgement of their peers.

Chapter 57: The return of Gruffudd ap Llywelyn ap Iorwerth, illegitimate son of Llywelyn ap Iorwerth (Llywelyn the Great) along with other Welsh hostages which were originally taken for "peace" and "good".[66][67]

Lists of participants in 1215
Counsellors named in Magna Carta

The preamble to Magna Carta includes the names of the following 27 ecclesiastical and secular magnates who had counselled John to accept its terms. The names include some of the moderate reformers, notably Archbishop Stephen Langton, and some of John's loyal supporters, such as William Marshal, Earl of Pembroke. They are listed here in the order in which they appear in the charter itself:[68]

The Council of Twenty-Five Barons

The names of the Twenty-Five Barons appointed under clause 61 to monitor John's future conduct are not given in the charter itself, but do appear in four early sources, all seemingly based on a contemporary listing: a late-13th-century collection of law tracts and statutes, a Reading Abbey manuscript now in Lambeth Palace Library, and the Chronica Majora and Liber Additamentorum of Matthew Paris.[69][70][71] The process of appointment is not known, but the names were drawn almost exclusively from among John's more active opponents.[72] They are listed here in the order in which they appear in the original sources:

Excommunicated rebels

In September 1215, the papal commissioners in England—Subdeacon Pandulf, Peter des Roches, Bishop of Winchester, and Simon, Abbot of Reading—excommunicated the rebels, acting on instructions earlier received from Rome. A letter sent by the commissioners from Dover on 5 September to Archbishop Langton explicitly names nine senior rebel barons (all members of the Council of Twenty-Five), and six clerics numbered among the rebel ranks:[73]

Barons

Clerics

Great Charter of 1216

Although the Charter of 1215 was a failure as a peace treaty, it was resurrected under the new government of the young Henry III as a way of drawing support away from the rebel faction. On his deathbed, King John appointed a council of thirteen executors to help Henry reclaim the kingdom, and requested that his son be placed into the guardianship of William Marshal, one of the most famous knights in England.[74] William knighted the boy, and Cardinal Guala Bicchieri, the papal legate to England, then oversaw his coronation at Gloucester Cathedral on 28 October.[75][76][77]

The young King inherited a difficult situation, with over half of England occupied by the rebels.[78][79] He had substantial support though from Guala, who intended to win the civil war for Henry and punish the rebels.[80] Guala set about strengthening the ties between England and the Papacy, starting with the coronation itself, during which Henry gave homage to the Papacy, recognising the Pope as his feudal lord.[75][81] Pope Honorius III declared that Henry was the Pope's vassal and ward, and that the legate had complete authority to protect Henry and his kingdom.[75] As an additional measure, Henry took the cross, declaring himself a crusader and thereby entitled to special protection from Rome.[75]

The war was not going well for the loyalists, but Prince Louis and the rebel barons were also finding it difficult to make further progress.[82][83] John's death had defused some of the rebel concerns, and the royal castles were still holding out in the occupied parts of the country.[83][84] Henry's government encouraged the rebel barons to come back to his cause in exchange for the return of their lands, and reissued a version of the 1215 Charter, albeit having first removed some of the clauses, including those unfavourable to the Papacy and clause 61, which had set up the council of barons.[85][86] The move was not successful, and opposition to Henry's new government hardened.[87]

Great Charter of 1217

See also: First Barons' War, Charter of the Forest, and English land law
 
The Charter of the Forest re-issued in 1225, held by the British Library

In February 1217, Louis set sail for France to gather reinforcements.[88] In his absence, arguments broke out between Louis' French and English followers, and Cardinal Guala declared that Henry's war against the rebels was the equivalent of a religious crusade.[89] This declaration resulted in a series of defections from the rebel movement, and the tide of the conflict swung in Henry's favour.[90] Louis returned at the end of April, but his northern forces were defeated by William Marshal at the Battle of Lincoln in May.[91][92]

Meanwhile, support for Louis' campaign was diminishing in France, and he concluded that the war in England was lost.[93] He negotiated terms with Cardinal Guala, under which Louis would renounce his claim to the English throne. In return, his followers would be given back their lands, any sentences of excommunication would be lifted, and Henry's government would promise to enforce the charter of the previous year.[94] The proposed agreement soon began to unravel amid claims from some loyalists that it was too generous towards the rebels, particularly the clergy who had joined the rebellion.[95]

In the absence of a settlement, Louis stayed in London with his remaining forces, hoping for the arrival of reinforcements from France.[95] When the expected fleet arrived in August, it was intercepted and defeated by loyalists at the Battle of Sandwich.[96] Louis entered into fresh peace negotiations. The factions came to agreement on the final Treaty of Lambeth, also known as the Treaty of Kingston, on 12 and 13 September 1217.[96]

The treaty was similar to the first peace offer, but excluded the rebel clergy, whose lands and appointments remained forfeit. It included a promise that Louis' followers would be allowed to enjoy their traditional liberties and customs, referring back to the Charter of 1216.[97] Louis left England as agreed. He joined the Albigensian Crusade in the south of France, bringing the war to an end.[93]

A great council was called in October and November to take stock of the post-war situation. This council is thought to have formulated and issued the Charter of 1217.[98] The charter resembled that of 1216, although some additional clauses were added to protect the rights of the barons over their feudal subjects, and the restrictions on the Crown's ability to levy taxation were watered down.[99] There remained a range of disagreements about the management of the royal forests, which involved a special legal system that had resulted in a source of considerable royal revenue. Complaints existed over both the implementation of these courts, and the geographic boundaries of the royal forests.[100]

A complementary charter, the Charter of the Forest, was created, pardoning existing forest offences, imposing new controls over the forest courts, and establishing a review of the forest boundaries.[100] To distinguish the two charters, the term 'magna carta libertatum' ("the great charter of liberties") was used by the scribes to refer to the larger document, which in time became known simply as Magna Carta.[101][102]

Great Charter of 1225

 
1225 version of Magna Carta issued by Henry III, held in the National Archives

Magna Carta became increasingly embedded into English political life during Henry III's minority.[103] As the King grew older, his government slowly began to recover from the civil war, regaining control of the counties and beginning to raise revenue once again, taking care not to overstep the terms of the charters.[104] Henry remained a minor and his government's legal ability to make permanently binding decisions on his behalf was limited. In 1223, the tensions over the status of the charters became clear in the royal court, when Henry's government attempted to reassert its rights over its properties and revenues in the counties, facing resistance from many communities that argued—if sometimes incorrectly—that the charters protected the new arrangements.[105][106]

This resistance resulted in an argument between Archbishop Langton and William Brewer over whether the King had any duty to fulfil the terms of the charters, given that he had been forced to agree to them.[107] On this occasion, Henry gave oral assurances that he considered himself bound by the charters, enabling a royal inquiry into the situation in the counties to progress.[108]

In 1225, the question of Henry's commitment to the charters re-emerged, when Louis VIII of France invaded Henry's remaining provinces in France, Poitou and Gascony.[109][110] Henry's army in Poitou was under-resourced, and the province quickly fell.[111] It became clear that Gascony would also fall unless reinforcements were sent from England.[112] In early 1225, a great council approved a tax of £40,000 to dispatch an army, which quickly retook Gascony.[113][114] In exchange for agreeing to support Henry, the barons demanded that the King reissue Magna Carta and the Charter of the Forest.[115][116] The content was almost identical to the 1217 versions, but in the new versions, the King declared that the charters were issued of his own "spontaneous and free will" and confirmed them with the royal seal, giving the new Great Charter and the Charter of the Forest of 1225 much more authority than the previous versions.[116][117]

The barons anticipated that the King would act in accordance with these charters, subject to the law and moderated by the advice of the nobility.[118][119] Uncertainty continued, and in 1227, when he was declared of age and able to rule independently, Henry announced that future charters had to be issued under his own seal.[120][121] This brought into question the validity of the previous charters issued during his minority, and Henry actively threatened to overturn the Charter of the Forest unless the taxes promised in return for it were actually paid.[120][121] In 1253, Henry confirmed the charters once again in exchange for taxation.[122]

Henry placed a symbolic emphasis on rebuilding royal authority, but his rule was relatively circumscribed by Magna Carta.[77][123] He generally acted within the terms of the charters, which prevented the Crown from taking extrajudicial action against the barons, including the fines and expropriations that had been common under his father, John.[77][123] The charters did not address the sensitive issues of the appointment of royal advisers and the distribution of patronage, and they lacked any means of enforcement if the King chose to ignore them.[124] The inconsistency with which he applied the charters over the course of his rule alienated many barons, even those within his own faction.[77]

Despite the various charters, the provision of royal justice was inconsistent and driven by the needs of immediate politics: sometimes action would be taken to address a legitimate baronial complaint, while on other occasions the problem would simply be ignored.[125] The royal courts, which toured the country to provide justice at the local level, typically for lesser barons and the gentry claiming grievances against major lords, had little power, allowing the major barons to dominate the local justice system.[126] Henry's rule became lax and careless, resulting in a reduction in royal authority in the provinces and, ultimately, the collapse of his authority at court.[77][126]

In 1258, a group of barons seized power from Henry in a coup d'état, citing the need to strictly enforce Magna Carta and the Charter of the Forest, creating a new baronial-led government to advance reform through the Provisions of Oxford.[127] The barons were not militarily powerful enough to win a decisive victory, and instead appealed to Louis IX of France in 1263–1264 to arbitrate on their proposed reforms. The reformist barons argued their case based on Magna Carta, suggesting that it was inviolable under English law and that the King had broken its terms.[128]

Louis came down firmly in favour of Henry, but the French arbitration failed to achieve peace as the rebellious barons refused to accept the verdict. England slipped back into the Second Barons' War, which was won by Henry's son, the Lord Edward. Edward also invoked Magna Carta in advancing his cause, arguing that the reformers had taken matters too far and were themselves acting against Magna Carta.[129] In a conciliatory gesture after the barons had been defeated, in 1267 Henry issued the Statute of Marlborough, which included a fresh commitment to observe the terms of Magna Carta.[130]

Witnesses in 1225
Witnesses to the 1225 charter

The following 65 individuals were witnesses to the 1225 issue of Magna Carta, named in the order in which they appear in the charter itself:[131]

Great Charter of 1297: statute

 
1297 version of the Great Charter, on display in the National Archives Building in Washington, D.C.

King Edward I reissued the Charters of 1225 in 1297 in return for a new tax.[132] It is this version which remains in statute today, although with most articles now repealed.[133][134]

The Confirmatio Cartarum (Confirmation of Charters) was issued in Norman French by Edward I in 1297.[135] Edward, needing money, had taxed the nobility, and they had armed themselves against him, forcing Edward to issue his confirmation of Magna Carta and the Forest Charter to avoid civil war.[136] The nobles had sought to add another document, the De Tallagio, to Magna Carta. Edward I's government was not prepared to concede this, they agreed to the issuing of the Confirmatio, confirming the previous charters and confirming the principle that taxation should be by consent,[132] although the precise manner of that consent was not laid down.[137]

A passage mandates that copies shall be distributed in "cathedral churches throughout our realm, there to remain, and shall be read before the people two times by the year",[138] hence the permanent installation of a copy in Salisbury Cathedral.[139] In the Confirmation's second article, it is confirmed that

if any judgement be given from henceforth contrary to the points of the charters aforesaid by the justices, or by any other our ministers that hold plea before them against the points of the charters, it shall be undone, and holden for nought.[140][141]

With the reconfirmation of the charters in 1300, an additional document was granted, the Articuli super Cartas (The Articles upon the Charters).[142] It was composed of 17 articles and sought in part to deal with the problem of enforcing the charters. Magna Carta and the Forest Charter were to be issued to the sheriff of each county, and should be read four times a year at the meetings of the county courts. Each county should have a committee of three men who could hear complaints about violations of the Charters.[143]

Pope Clement V continued the papal policy of supporting monarchs (who ruled by divine grace) against any claims in Magna Carta which challenged the King's rights, and annulled the Confirmatio Cartarum in 1305. Edward I interpreted Clement V's papal bull annulling the Confirmatio Cartarum as effectively applying to the Articuli super Cartas, although the latter was not specifically mentioned.[144] In 1306 Edward I took the opportunity given by the Pope's backing to reassert forest law over large areas which had been "disafforested". Both Edward and the Pope were accused by some contemporary chroniclers of "perjury", and it was suggested by Robert McNair Scott that Robert the Bruce refused to make peace with Edward I's son, Edward II, in 1312 with the justification: "How shall the king of England keep faith with me, since he does not observe the sworn promises made to his liege men ...".[145][146]

Magna Carta's influence on English medieval law

The Great Charter was referred to in legal cases throughout the medieval period. For example, in 1226, the knights of Lincolnshire argued that their local sheriff was changing customary practice regarding the local courts, "contrary to their liberty which they ought to have by the charter of the lord king".[147] In practice, cases were not brought against the King for breach of Magna Carta and the Forest Charter, but it was possible to bring a case against the King's officers, such as his sheriffs, using the argument that the King's officers were acting contrary to liberties granted by the King in the charters.[148]

In addition, medieval cases referred to the clauses in Magna Carta which dealt with specific issues such as wardship and dower, debt collection, and keeping rivers free for navigation.[149] Even in the 13th century, some clauses of Magna Carta rarely appeared in legal cases, either because the issues concerned were no longer relevant, or because Magna Carta had been superseded by more relevant legislation. By 1350 half the clauses of Magna Carta were no longer actively used.[150]

14th–15th centuries

 
Magna carta cum statutis angliae ("Great Charter with English Statutes"), early 14th century

During the reign of King Edward III six measures, later known as the Six Statutes, were passed between 1331 and 1369. They sought to clarify certain parts of the Charters. In particular the third statute, in 1354, redefined clause 29, with "free man" becoming "no man, of whatever estate or condition he may be", and introduced the phrase "due process of law" for "lawful judgement of his peers or the law of the land".[151]

Between the 13th and 15th centuries Magna Carta was reconfirmed 32 times according to Sir Edward Coke, and possibly as many as 45 times.[152][153] Often the first item of parliamentary business was a public reading and reaffirmation of the Charter, and, as in the previous century, parliaments often exacted confirmation of it from the monarch.[153] The Charter was confirmed in 1423 by King Henry VI.[154][155][156]

By the mid-15th century, Magna Carta ceased to occupy a central role in English political life, as monarchs reasserted authority and powers which had been challenged in the 100 years after Edward I's reign.[157] The Great Charter remained a text for lawyers, particularly as a protector of property rights, and became more widely read than ever as printed versions circulated and levels of literacy increased.[158]

16th century

 
A version of the Charter of 1217, produced between 1437 and c. 1450

During the 16th century, the interpretation of Magna Carta and the First Barons' War shifted.[159] Henry VII took power at the end of the turbulent Wars of the Roses, followed by Henry VIII, and extensive propaganda under both rulers promoted the legitimacy of the regime, the illegitimacy of any sort of rebellion against royal power, and the priority of supporting the Crown in its arguments with the Papacy.[160]

Tudor historians rediscovered the Barnwell chronicler, who was more favourable to King John than other 13th-century texts, and, as historian Ralph Turner describes, they "viewed King John in a positive light as a hero struggling against the papacy", showing "little sympathy for the Great Charter or the rebel barons".[161] Pro-Catholic demonstrations during the 1536 uprising cited Magna Carta, accusing the King of not giving it sufficient respect.[162]

The first mechanically printed edition of Magna Carta was probably the Magna Carta cum aliis Antiquis Statutis of 1508 by Richard Pynson, although the early printed versions of the 16th century incorrectly attributed the origins of Magna Carta to Henry III and 1225, rather than to John and 1215, and accordingly worked from the later text.[163][164][165] An abridged English-language edition was published by John Rastell in 1527. Thomas Berthelet, Pynson's successor as the royal printer during 1530–1547, printed an edition of the text along with other "ancient statutes" in 1531 and 1540.[166]

In 1534, George Ferrers published the first unabridged English-language edition of Magna Carta, dividing the Charter into 37 numbered clauses.[167]

 
Magna Carta held by Sir Rowland Hill in his monument in Shropshire: his 16th Century funerary monument in London also showed him holding the document

The mid-sixteenth century funerary monument Sir Rowland Hill of Soulton, placed in St Stephens Wallbroke, included a full statue[168] of the Tudor statesman and judge holding a copy of Magna Carta.[169] Hill was a Mercer and a Lord Mayor of London; both of these statuses were shared with Serlo the Mercer who was a negotiator and enforcer of Magna Carta.[170] The original monument was lost in the Great Fire of London, but it was restated on a 110 foot tall column on his family's estates in Shropshire.[171]

At the end of the 16th century, there was an upsurge in antiquarian interest in Magna Carta in England.[162] Legal historians concluded that there was a set of ancient English customs and laws which had been temporarily overthrown by the Norman invasion of 1066, and been recovered in 1215 and recorded in Magna Carta, which in turn gave authority to important 16th-century legal principles.[162][172][173] Modern historians regard this narrative as fundamentally incorrect, and many refer to it as a "myth".[173][g]

The antiquarian William Lambarde published what he believed were the Anglo-Saxon and Norman law codes, tracing the origins of the 16th-century English Parliament back to this period, but he misinterpreted the dates of many documents concerned.[172] Francis Bacon argued that clause 39 of Magna Carta was the basis of the 16th-century jury system and judicial processes.[178] Antiquarians Robert Beale, James Morice and Richard Cosin argued that Magna Carta was a statement of liberty and a fundamental, supreme law empowering English government.[179] Those who questioned these conclusions, including the Member of Parliament Arthur Hall, faced sanctions.[180][181]

17th–18th centuries

Political tensions

 
The jurist Edward Coke made extensive political use of Magna Carta.

In the early 17th century, Magna Carta became increasingly important as a political document in arguments over the authority of the English monarchy.[182] James I and Charles I both propounded greater authority for the Crown, justified by the doctrine of the divine right of kings, and Magna Carta was cited extensively by their opponents to challenge the monarchy.[175]

Magna Carta, it was argued, recognised and protected the liberty of individual Englishmen, made the King subject to the common law of the land, formed the origin of the trial by jury system, and acknowledged the ancient origins of Parliament: because of Magna Carta and this ancient constitution, an English monarch was unable to alter these long-standing English customs.[175][182][183][184] Although the arguments based on Magna Carta were historically inaccurate, they nonetheless carried symbolic power, as the charter had immense significance during this period; antiquarians such as Sir Henry Spelman described it as "the most majestic and a sacrosanct anchor to English Liberties".[173][175][182]

Sir Edward Coke was a leader in using Magna Carta as a political tool during this period. Still working from the 1225 version of the text – the first printed copy of the 1215 charter only emerged in 1610 – Coke spoke and wrote about Magna Carta repeatedly.[173] His work was challenged at the time by Lord Ellesmere, and modern historians such as Ralph Turner and Claire Breay have critiqued Coke as "misconstruing" the original charter "anachronistically and uncritically", and taking a "very selective" approach to his analysis.[175][185] More sympathetically, J. C. Holt noted that the history of the charters had already become "distorted" by the time Coke was carrying out his work.[186]

 
The Leveller John Lilburne criticised Magna Carta as an inadequate definition of English liberties.

In 1621, a bill was presented to Parliament to renew Magna Carta; although this bill failed, lawyer John Selden argued during Darnell's Case in 1627 that the right of habeas corpus was backed by Magna Carta.[187][188] Coke supported the Petition of Right in 1628, which cited Magna Carta in its preamble, attempting to extend the provisions, and to make them binding on the judiciary.[189][190] The monarchy responded by arguing that the historical legal situation was much less clear-cut than was being claimed, restricted the activities of antiquarians, arrested Coke for treason, and suppressed his proposed book on Magna Carta.[188][191] Charles initially did not agree to the Petition of Right, and refused to confirm Magna Carta in any way that would reduce his independence as King.[192][193]

England descended into civil war in the 1640s, resulting in Charles I's execution in 1649. Under the republic that followed, some questioned whether Magna Carta, an agreement with a monarch, was still relevant.[194] An anti-Cromwellian pamphlet published in 1660, The English devil, said that the nation had been "compelled to submit to this Tyrant Nol or be cut off by him; nothing but a word and a blow, his Will was his Law; tell him of Magna Carta, he would lay his hand on his sword and cry Magna Farta".[195] In a 2005 speech the Lord Chief Justice of England and Wales, Lord Woolf, repeated the claim that Cromwell had referred to Magna Carta as "Magna Farta".[196]

The radical groups that flourished during this period held differing opinions of Magna Carta. The Levellers rejected history and law as presented by their contemporaries, holding instead to an "anti-Normanism" viewpoint.[197] John Lilburne, for example, argued that Magna Carta contained only some of the freedoms that had supposedly existed under the Anglo-Saxons before being crushed by the Norman yoke.[198] The Leveller Richard Overton described the charter as "a beggarly thing containing many marks of intolerable bondage".[199]

Both saw Magna Carta as a useful declaration of liberties that could be used against governments they disagreed with.[200] Gerrard Winstanley, the leader of the more extreme Diggers, stated "the best lawes that England hath, [viz., Magna Carta] were got by our Forefathers importunate petitioning unto the kings that still were their Task-masters; and yet these best laws are yoaks and manicles, tying one sort of people to be slaves to another; Clergy and Gentry have got their freedom, but the common people still are, and have been left servants to work for them."[201][202]

Glorious Revolution

The first attempt at a proper historiography was undertaken by Robert Brady,[203] who refuted the supposed antiquity of Parliament and belief in the immutable continuity of the law. Brady realised that the liberties of the Charter were limited and argued that the liberties were the grant of the King. By putting Magna Carta in historical context, he cast doubt on its contemporary political relevance;[204] his historical understanding did not survive the Glorious Revolution, which, according to the historian J. G. A. Pocock, "marked a setback for the course of English historiography."[205]

According to the Whig interpretation of history, the Glorious Revolution was an example of the reclaiming of ancient liberties. Reinforced with Lockean concepts, the Whigs believed England's constitution to be a social contract, based on documents such as Magna Carta, the Petition of Right, and the Bill of Rights.[206] The English Liberties (1680, in later versions often British Liberties) by the Whig propagandist Henry Care (d. 1688) was a cheap polemical book that was influential and much-reprinted, in the American colonies as well as Britain, and made Magna Carta central to the history and the contemporary legitimacy of its subject.[207]

Ideas about the nature of law in general were beginning to change. In 1716, the Septennial Act was passed, which had a number of consequences. First, it showed that Parliament no longer considered its previous statutes unassailable, as it provided for a maximum parliamentary term of seven years, whereas the Triennial Act (1694) (enacted less than a quarter of a century previously) had provided for a maximum term of three years.[208]

It also greatly extended the powers of Parliament. Under this new constitution, monarchical absolutism was replaced by parliamentary supremacy. It was quickly realised that Magna Carta stood in the same relation to the King-in-Parliament as it had to the King without Parliament. This supremacy would be challenged by the likes of Granville Sharp. Sharp regarded Magna Carta as a fundamental part of the constitution, and maintained that it would be treason to repeal any part of it. He also held that the Charter prohibited slavery.[209]

Sir William Blackstone published a critical edition of the 1215 Charter in 1759, and gave it the numbering system still used today.[210] In 1763, Member of Parliament John Wilkes was arrested for writing an inflammatory pamphlet, No. 45, 23 April 1763; he cited Magna Carta continually.[211] Lord Camden denounced the treatment of Wilkes as a contravention of Magna Carta.[212] Thomas Paine, in his Rights of Man, would disregard Magna Carta and the Bill of Rights on the grounds that they were not a written constitution devised by elected representatives.[213]

Use in the Thirteen Colonies and the United States

 
Magna Carta replica and display in the rotunda of the United States Capitol, Washington, D.C.

When English colonists left for the New World, they brought royal charters that established the colonies. The Massachusetts Bay Company charter, for example, stated that the colonists would "have and enjoy all liberties and immunities of free and natural subjects."[214] The Virginia Charter of 1606, which was largely drafted by Sir Edward Coke, stated that the colonists would have the same "liberties, franchises and immunities" as people born in England.[215] The Massachusetts Body of Liberties contained similarities to clause 29 of Magna Carta; when drafting it, the Massachusetts General Court viewed Magna Carta as the chief embodiment of English common law.[216] The other colonies would follow their example. In 1638, Maryland sought to recognise Magna Carta as part of the law of the province, but the request was denied by Charles I.[217]

In 1687, William Penn published The Excellent Privilege of Liberty and Property: being the birth-right of the Free-Born Subjects of England, which contained the first copy of Magna Carta printed on American soil. Penn's comments reflected Coke's, indicating a belief that Magna Carta was a fundamental law.[218] The colonists drew on English law books, leading them to an anachronistic interpretation of Magna Carta, believing that it guaranteed trial by jury and habeas corpus.[219]

The development of parliamentary supremacy in the British Isles did not constitutionally affect the Thirteen Colonies, which retained an adherence to English common law, but it directly affected the relationship between Britain and the colonies.[220] When American colonists fought against Britain, they were fighting not so much for new freedom, but to preserve liberties and rights that they believed to be enshrined in Magna Carta.[221]

In the late 18th century, the United States Constitution became the supreme law of the land, recalling the manner in which Magna Carta had come to be regarded as fundamental law.[221] The Constitution's Fifth Amendment guarantees that "no person shall be deprived of life, liberty, or property, without due process of law", a phrase that was derived from Magna Carta.[222] In addition, the Constitution included a similar writ in the Suspension Clause, Article 1, Section 9: "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it."[223]

Each of these proclaim that no person may be imprisoned or detained without evidence that he or she committed a crime. The Ninth Amendment states that "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." The writers of the U.S. Constitution wished to ensure that the rights they already held, such as those that they believed were provided by Magna Carta, would be preserved unless explicitly curtailed.[224][225]

The U.S. Supreme Court has explicitly referenced Edward Coke's analysis of Magna Carta as an antecedent of the Sixth Amendment's right to a speedy trial.[226]

19th–21st centuries

Interpretation

 
A romanticised 19th-century recreation of King John signing Magna Carta. Rather than signing in writing, the document would have been authenticated with the Great Seal and applied by officials rather than John himself.[227]

Initially, the Whig interpretation of Magna Carta and its role in constitutional history remained dominant during the 19th century. The historian William Stubbs's Constitutional History of England, published in the 1870s, formed the high-water mark of this view.[228] Stubbs argued that Magna Carta had been a major step in the shaping of the English nation, and he believed that the barons at Runnymede in 1215 were not just representing the nobility, but the people of England as a whole, standing up to a tyrannical ruler in the form of King John.[228][229]

This view of Magna Carta began to recede. The late-Victorian jurist and historian Frederic William Maitland provided an alternative academic history in 1899, which began to return Magna Carta to its historical roots.[230] In 1904, Edward Jenks published an article entitled "The Myth of Magna Carta", which undermined the previously accepted view of Magna Carta.[231] Historians such as Albert Pollard agreed with Jenks in concluding that Edward Coke had largely "invented" the myth of Magna Carta in the 17th century; these historians argued that the 1215 charter had not referred to liberty for the people at large, but rather to the protection of baronial rights.[232]

This view also became popular in wider circles, and in 1930 Sellar and Yeatman published their parody on English history, 1066 and All That, in which they mocked the supposed importance of Magna Carta and its promises of universal liberty: "Magna Charter was therefore the chief cause of Democracy in England, and thus a Good Thing for everyone (except the Common People)".[233][234]

In many literary representations of the medieval past, however, Magna Carta remained a foundation of English national identity. Some authors used the medieval roots of the document as an argument to preserve the social status quo, while others pointed to Magna Carta to challenge perceived economic injustices.[230] The Baronial Order of Magna Charta was formed in 1898 to promote the ancient principles and values felt to be displayed in Magna Carta.[235] The legal profession in England and the United States continued to hold Magna Carta in high esteem; they were instrumental in forming the Magna Carta Society in 1922 to protect the meadows at Runnymede from development in the 1920s, and in 1957, the American Bar Association erected the Magna Carta Memorial at Runnymede.[222][236][237] The prominent lawyer Lord Denning described Magna Carta in 1956 as "the greatest constitutional document of all times—the foundation of the freedom of the individual against the arbitrary authority of the despot".[238]

Repeal of articles and constitutional influence

Radicals such as Sir Francis Burdett believed that Magna Carta could not be repealed,[239] but in the 19th century clauses which were obsolete or had been superseded began to be repealed. The repeal of clause 26 in 1829, by the Offences Against the Person Act 1828 (9 Geo. 4 c. 31 s. 1)[h][240] was the first time a clause of Magna Carta was repealed. Over the next 140 years, nearly the whole of Magna Carta (1297) as statute was repealed,[241] leaving just clauses 1, 9 and 29 still in force (in England and Wales) after 1969. Most of the clauses were repealed in England and Wales by the Statute Law Revision Act 1863, and in modern Northern Ireland and also in the modern Republic of Ireland by the Statute Law (Ireland) Revision Act 1872.[240]

Many later attempts to draft constitutional forms of government trace their lineage back to Magna Carta. The British dominions, Australia and New Zealand,[242] Canada[243] (except Quebec), and formerly the Union of South Africa and Southern Rhodesia, reflected the influence of Magna Carta in their laws, and the Charter's effects can be seen in the laws of other states that evolved from the British Empire.[244]

Modern legacy

 
The Magna Carta Memorial at Runnymede, designed by Sir Edward Maufe and erected by the American Bar Association in 1957. The memorial stands in the meadow known historically as Long Mede: it is likely that the actual site of the sealing of Magna Carta lay further east, towards Egham and Staines.[35]

Magna Carta continues to have a powerful iconic status in British society, being cited by politicians and lawyers in support of constitutional positions.[238][245] Its perceived guarantee of trial by jury and other civil liberties, for example, led to Tony Benn's reference to the debate in 2008 over whether to increase the maximum time terrorism suspects could be held without charge from 28 to 42 days as "the day Magna Carta was repealed".[246] Although rarely invoked in court in the modern era, in 2012 the Occupy London protestors attempted to use Magna Carta in resisting their eviction from St. Paul's Churchyard by the City of London. In his judgment the Master of the Rolls gave this short shrift, noting somewhat drily that although clause 29 was considered by many the foundation of the rule of law in England, he did not consider it directly relevant to the case, and that the two other surviving clauses ironically concerned the rights of the Church and the City of London and could not help the defendants.[247][248]

Magna Carta carries little legal weight in modern Britain, as most of its clauses have been repealed and relevant rights ensured by other statutes, but the historian James Holt remarks that the survival of the 1215 charter in national life is a "reflexion of the continuous development of English law and administration" and symbolic of the many struggles between authority and the law over the centuries.[249] The historian W. L. Warren has observed that "many who knew little and cared less about the content of the Charter have, in nearly all ages, invoked its name, and with good cause, for it meant more than it said".[250]

It also remains a topic of great interest to historians; Natalie Fryde characterised the charter as "one of the holiest of cows in English medieval history", with the debates over its interpretation and meaning unlikely to end.[229] In many ways still a "sacred text", Magna Carta is generally considered part of the uncodified constitution of the United Kingdom; in a 2005 speech, the Lord Chief Justice of England and Wales, Lord Woolf, described it as the "first of a series of instruments that now are recognised as having a special constitutional status".[196][251]

Magna Carta was reprinted in New Zealand in 1881 as one of the Imperial Acts in force there.[252] Clause 29 of the document remains in force as part of New Zealand law.[253]

The document also continues to be honoured in the United States as an antecedent of the United States Constitution and Bill of Rights.[254] In 1976, the UK lent one of four surviving originals of the 1215 Magna Carta to the United States for their bicentennial celebrations and also donated an ornate display case for it. The original was returned after one year, but a replica and the case are still on display in the United States Capitol Crypt in Washington, D.C.[255]

Celebration of the 800th anniversary

The plan for four surviving original copies of Magna Carta to be brought together in 2015, at the British Library in collaboration with Lincoln Cathedral and Salisbury Cathedral and supported by the law firm Linklaters

The 800th anniversary of the original charter occurred on 15 June 2015, and organisations and institutions planned celebratory events.[256] The British Library brought together the four existing copies of the 1215 manuscript in February 2015 for a special exhibition.[257] British artist Cornelia Parker was commissioned to create a new artwork, Magna Carta (An Embroidery), which was shown at the British Library between May and July 2015.[258] The artwork is a copy of the Wikipedia article about Magna Carta (as it appeared on the document's 799th anniversary, 15 June 2014), hand-embroidered by over 200 people.[259]

On 15 June 2015, a commemoration ceremony was conducted in Runnymede at the National Trust park, attended by British and American dignitaries.[260] On the same day, Google celebrated the anniversary with a Google Doodle.[261]

The copy held by Lincoln Cathedral was exhibited in the Library of Congress in Washington, D.C., from November 2014 until January 2015.[262] A new visitor centre at Lincoln Castle was opened for the anniversary.[263] The Royal Mint released two commemorative two-pound coins.[264][265]

In 2014, Bury St Edmunds in Suffolk celebrated the 800th anniversary of the barons' Charter of Liberties, said to have been secretly agreed there in November 1214.[266]

Content

Physical format

Numerous copies, known as exemplifications, were made of the various charters, and many of them still survive.[267] The documents were written in heavily abbreviated medieval Latin in clear handwriting, using quill pens on sheets of parchment made from sheep skin, approximately 15 by 20 inches (380 by 510 mm) across.[268][269] They were sealed with the royal great seal by an official called the spigurnel, equipped with a special seal press, using beeswax and resin.[269][270] There were no signatures on the charter of 1215, and the barons present did not attach their own seals to it.[271] The text was not divided into paragraphs or numbered clauses: the numbering system used today was introduced by the jurist Sir William Blackstone in 1759.[210]

Exemplifications

1215 exemplifications

At least thirteen original copies of the charter of 1215 were issued by the royal chancery during that year, seven in the first tranche distributed on 24 June and another six later; they were sent to county sheriffs and bishops, who were probably charged for the privilege.[272] Slight variations exist between the surviving copies, and there was probably no single "master copy".[273] Of these documents, only four survive, all held in England: two now at the British Library, one at Salisbury Cathedral, and one, the property of Lincoln Cathedral, on permanent loan to Lincoln Castle.[274] Each of these versions is slightly different in size and text, and each is considered by historians to be equally authoritative.[275]

 
1733 engraving by John Pine of the 1215 charter (Cotton Charter XIII.31A)

The two 1215 charters held by the British Library, known as Cotton MS. Augustus II.106 and Cotton Charter XIII.31A, were acquired by the antiquarian Sir Robert Cotton in the 17th century.[276] The first had been found by Humphrey Wyems, a London lawyer, who may have discovered it in a tailor's shop, and who gave it to Cotton in January 1629.[277] The second was found in Dover Castle in 1630 by Sir Edward Dering. The Dering charter was traditionally thought to be the copy sent in 1215 to the Cinque Ports,[278] but in 2015 the historian David Carpenter argued that it was more probably that sent to Canterbury Cathedral, as its text was identical to a transcription made from the Cathedral's copy of the 1215 charter in the 1290s.[279][280][281] This copy was damaged in the Cotton library fire of 1731, when its seal was badly melted. The parchment was somewhat shrivelled but otherwise relatively unscathed. An engraved facsimile of the charter was made by John Pine in 1733. In the 1830s, an ill-judged and bungled attempt at cleaning and conservation rendered the manuscript largely illegible to the naked eye.[282][283] This is the only surviving 1215 copy still to have its great seal attached.[284][285]

Lincoln Cathedral's copy has been held by the county since 1215. It was displayed in the Common Chamber in the cathedral, before being moved to another building in 1846.[274][286] Between 1939 and 1940 it was displayed in the British Pavilion at the 1939 World Fair in New York City, and at the Library of Congress.[287] When the Second World War broke out, Winston Churchill wanted to give the charter to the American people, hoping that this would encourage the United States, then neutral, to enter the war against the Axis powers, but the cathedral was unwilling, and the plans were dropped.[288][289]

After December 1941, the copy was stored in Fort Knox, Kentucky, for safety, before being put on display again in 1944 and returned to Lincoln Cathedral in early 1946.[287][288][290][291] It was put on display in 1976 in the cathedral's medieval library.[286] It was displayed in San Francisco, and was taken out of display for a time to undergo conservation in preparation for another visit to the United States, where it was exhibited in 2007 at the Contemporary Art Center of Virginia and the National Constitution Center in Philadelphia.[286][292][293] In 2009 it returned to New York to be displayed at the Fraunces Tavern Museum.[294] It is currently on permanent loan to the David P. J. Ross Vault at Lincoln Castle, along with an original copy of the 1217 Charter of the Forest.[295][296]

The fourth copy, held by Salisbury Cathedral, was first given in 1215 to its predecessor, Old Sarum Cathedral.[297] Rediscovered by the cathedral in 1812, it has remained in Salisbury throughout its history, except when being taken off-site for restoration work.[298][299] It is possibly the best preserved of the four, although small pin holes can be seen in the parchment from where it was once pinned up.[299][300][301] The handwriting on this version is different from that of the other three, suggesting that it was not written by a royal scribe but rather by a member of the cathedral staff, who then had it exemplified by the royal court.[267][298]

Later exemplifications

 
1225 charter, held in the British Library, with the royal great seal attached

Other early versions of the charters survive today. Only one exemplification of the 1216 charter survives, held in Durham Cathedral.[302] Four copies of the 1217 charter exist; three of these are held by the Bodleian Library in Oxford and one by Hereford Cathedral.[302][303] Hereford's copy is occasionally displayed alongside the Mappa Mundi in the cathedral's chained library and has survived along with a small document called the Articuli super Cartas that was sent along with the charter, telling the sheriff of the county how to observe the conditions outlined in the document.[304] One of the Bodleian's copies was displayed at San Francisco's California Palace of the Legion of Honor in 2011.[305]

Four exemplifications of the 1225 charter survive: the British Library holds one, which was preserved at Lacock Abbey until 1945; Durham Cathedral also holds a copy, with the Bodleian Library holding a third.[303][306][307] The fourth copy of the 1225 exemplification was held by the museum of the Public Record Office and is now held by The National Archives.[308][309] The Society of Antiquaries also holds a draft of the 1215 charter (discovered in 2013 in a late-13th-century register from Peterborough Abbey), a copy of the 1225 third re-issue (within an early-14th-century collection of statutes) and a roll copy of the 1225 reissue.[310]

 
A 1297 copy of Magna Carta, owned by the Australian Government and on display in the Members' Hall of Parliament House, Canberra

Only two exemplifications of Magna Carta are held outside England, both from 1297. One of these was purchased in 1952 by the Australian Government for £12,500 from King's School, Bruton, England.[311] This copy is now on display in the Members' Hall of Parliament House, Canberra.[312] The second was originally held by the Brudenell family, earls of Cardigan, before they sold it in 1984 to the Perot Foundation in the United States, which in 2007 sold it to U.S. businessman David Rubenstein for US$21.3 million.[313][314][315] Rubenstein commented "I have always believed that this was an important document to our country, even though it wasn't drafted in our country. I think it was the basis for the Declaration of Independence and the basis for the Constitution". This exemplification is now on permanent loan to the National Archives in Washington, D.C.[316][317] Only two other 1297 exemplifications survive,[318] one of which is held in the UK's National Archives,[319] the other in the Guildhall, London.[318]

Seven copies of the 1300 exemplification by Edward I survive,[318][320] in Faversham,[321] Oriel College, Oxford, the Bodleian Library, Durham Cathedral, Westminster Abbey, the City of London (held in the archives at the London Guildhall[322]) and Sandwich (held in the Sandwich Guildhall Museum).[323] The Sandwich copy was rediscovered in early 2015 in a Victorian scrapbook in the town archives of Sandwich, Kent, one of the Cinque Ports.[320] In the case of the Sandwich and Oriel College exemplifications, the copies of the Charter of the Forest originally issued with them also survive.[324]

Clauses

 
A silver King John penny. Much of Magna Carta concerned how royal revenues were raised.

Most of the 1215 charter and later versions sought to govern the feudal rights of the Crown over the barons.[325] Under the Angevin kings, and in particular during John's reign, the rights of the King had frequently been used inconsistently, often in an attempt to maximise the royal income from the barons. Feudal relief was one way that a king could demand money, and clauses 2 and 3 fixed the fees payable when an heir inherited an estate or when a minor came of age and took possession of his lands.[325]

Scutage was a form of medieval taxation. All knights and nobles owed military service to the Crown in return for their lands, which theoretically belonged to the King. Many preferred to avoid this service and offer money instead. The Crown often used the cash to pay for mercenaries.[326] The rate of scutage that should be payable, and the circumstances under which it was appropriate for the King to demand it, was uncertain and controversial. Clauses 12 and 14 addressed the management of the process.[325]

The English judicial system had altered considerably over the previous century, with the royal judges playing a larger role in delivering justice across the country. John had used his royal discretion to extort large sums of money from the barons, effectively taking payment to offer justice in particular cases, and the role of the Crown in delivering justice had become politically sensitive among the barons. Clauses 39 and 40 demanded due process be applied in the royal justice system, while clause 45 required that the King appoint knowledgeable royal officials to the relevant roles.[327]

Although these clauses did not have any special significance in the original charter, this part of Magna Carta became singled out as particularly important in later centuries.[327] In the United States, for example, the Supreme Court of California interpreted clause 45 in 1974 as establishing a requirement in common law that a defendant faced with the potential of incarceration be entitled to a trial overseen by a legally trained judge.[328]

 
King John holding a church, painted c. 1250–1259 by Matthew Paris

Royal forests were economically important in medieval England and were both protected and exploited by the Crown, supplying the King with hunting grounds, raw materials, and money.[329][330] They were subject to special royal jurisdiction and the resulting forest law was, according to the historian Richard Huscroft, "harsh and arbitrary, a matter purely for the King's will".[329] The size of the forests had expanded under the Angevin kings, an unpopular development.[331]

The 1215 charter had several clauses relating to the royal forests. Clauses 47 and 48 promised to deforest the lands added to the forests under John and investigate the use of royal rights in this area, but notably did not address the forestation of the previous kings, while clause 53 promised some form of redress for those affected by the recent changes, and clause 44 promised some relief from the operation of the forest courts.[332] Neither Magna Carta nor the subsequent Charter of the Forest proved entirely satisfactory as a way of managing the political tensions arising in the operation of the royal forests.[332]

Some of the clauses addressed wider economic issues. The concerns of the barons over the treatment of their debts to Jewish moneylenders, who occupied a special position in medieval England and were by tradition under the King's protection, were addressed by clauses 10 and 11.[333] The charter concluded this section with the phrase "debts owing to other than Jews shall be dealt with likewise", so it is debatable to what extent the Jews were being singled out by these clauses.[334] Some issues were relatively specific, such as clause 33 which ordered the removal of all fishing weirs—an important and growing source of revenue at the time—from England's rivers.[332]

The role of the English Church had been a matter for great debate in the years prior to the 1215 charter. The Norman and Angevin kings had traditionally exercised a great deal of power over the church within their territories. From the 1040s onwards successive popes had emphasised the importance of the church being governed more effectively from Rome, and had established an independent judicial system and hierarchical chain of authority.[335] After the 1140s, these principles had been largely accepted within the English church, even if accompanied by an element of concern about centralising authority in Rome.[336][337]

These changes brought the customary rights of lay rulers such as John over ecclesiastical appointments into question.[336] As described above, John had come to a compromise with Pope Innocent III in exchange for his political support for the King, and clause 1 of Magna Carta prominently displayed this arrangement, promising the freedoms and liberties of the church.[325] The importance of this clause may also reflect the role of Archbishop Langton in the negotiations: Langton had taken a strong line on this issue during his career.[325]

Clauses in detail

Magna Carta clauses in the 1215 and later charters
Notes
1 Guaranteed the freedom of the English Church. Y Still in UK (England and Wales) law as clause 1 in the 1297 statute.
2 Regulated the operation of feudal relief upon the death of a baron. Y Repealed by Statute Law Revision Act 1863 and Statute Law (Ireland) Revision Act 1872.[340]
3 Regulated the operation of feudal relief and minors' coming of age. Y Repealed by Statute Law Revision Act 1863 and Statute Law (Ireland) Revision Act 1872.[340]
4 Regulated the process of wardship, and the role of the guardian. Y Repealed by Statute Law Revision Act 1863 and Statute Law (Ireland) Revision Act 1872.[340]
5 Forbade the exploitation of a ward's property by his guardian. Y Repealed by Statute Law Revision Act 1863 and Statute Law (Ireland) Revision Act 1872.[340]
6 Forbade guardians from marrying a ward to a partner of lower social standing. Y Repealed by Statute Law Revision Act 1863 and Statute Law (Ireland) Revision Act 1872.[340]
7 Referred to the rights of a widow to receive promptly her dowry and inheritance. Y Repealed by Statute Law Revision Act 1863 and Statute Law (Ireland) Revision Act 1872.[340]
8 Forbade the forcible remarrying of widows and confirmed the royal veto over baronial marriages. Y Repealed by Administration of Estates Act 1925, Administration of Estates Act (Northern Ireland) 1955 and Statute Law (Repeals) Act 1969.[340]
9 Established protection for debtors, confirming that a debtor should not have his lands seized as long as he had other means to pay the debt. Y Repealed by Statute Law (Repeals) Act 1969.[340]
10 Regulated Jewish money lending, stating that children would not pay interest on a debt they had inherited while they were under age. N
11 Further addressed Jewish money lending, stating that a widow and children should be provided for before paying an inherited debt. N
12 Determined that scutage or aid, forms of medieval taxation, could be levied and assessed only by the common consent of the realm. N Some exceptions to this general rule were given, such as for the payment of ransoms.
13 Confirmed the liberties and customs of the City of London and other boroughs. Y Still in UK (England and Wales) law as clause 9 in the 1297 statute.
14 Described how senior churchmen and barons would be summoned to give consent for scutage and aid. N
15 Prohibited anyone from levying aid on their free men. N Some exceptions to this general rule were given, such as for the payment of ransoms.
16 Placed limits on the level of service required for a knight's fee. Y Repealed by Statute Law Revision Act 1948.[340]
17 Established a fixed law court rather than one which followed the movements of the King. Y Repealed by Civil Procedure Acts Repeal Act 1879.[340]
18 Defined the authority and frequency of county courts. Y Repealed by Civil Procedure Acts Repeal Act 1879.[340]
19 Determined how excess business of a county court should be dealt with. Y
20 Stated that an amercement, a type of medieval fine, should be proportionate to the offence, but even for a serious offence the fine should not be so heavy as to deprive a man of his livelihood. Fines should be imposed only through local assessment. Y Repealed by Statute Law Revision Act 1863 and Statute Law (Ireland) Revision Act 1872.[340]
21 Determined that earls and barons should be fined only by other earls and barons. Y Repealed by Statute Law Revision Act 1863 and Statute Law (Ireland) Revision Act 1872.[340]
22 Determined that the size of a fine on a member of the clergy should be independent of the ecclesiastical wealth held by the individual churchman. Y Repealed by Statute Law Revision Act 1863 and Statute Law (Ireland) Revision Act 1872.[340]
23 Limited the right of feudal lords to demand assistance in building bridges across rivers. Y Repealed by Statute Law (Repeals) Act 1969.[340]
24 Prohibited royal officials, such as sheriffs, from trying a crime as an alternative to a royal judge. Y Repealed by Statute Law (Repeals) Act 1969.[340]
25 Fixed the royal rents on lands, with the exception of royal demesne manors. N
26 Established a process for dealing with the death of those owing debts to the Crown. Y Repealed by Crown Proceedings Act 1947.[340]
27 Laid out the process for dealing with intestacy. N
28 Determined that a royal officer requisitioning goods must offer immediate payment to their owner. Y Repealed by Statute Law Revision Act 1863 and Statute Law (Ireland) Revision Act 1872.[340]
29 Regulated the exercise of castle-guard duty. Y Repealed by Statute Law Revision Act 1863 and Statute Law (Ireland) Revision Act 1872.[340]
30 Prevented royal officials from requisitioning horses or carts without the owner's consent. Y Repealed by Statute Law Revision Act 1863 and Statute Law (Ireland) Revision Act 1872.[340]
31 Prevented royal officials from requisitioning timber without the owner's consent. Y Repealed by Statute Law Revision Act 1863 and Statute Law (Ireland) Revision Act 1872.[340]
32 Prevented the Crown from confiscating the lands of felons for longer than a year and a day, after which they were to be returned to the relevant feudal lord. Y Repealed by Statute Law Revision Act 1948.[340]
33 Ordered the removal of all fish weirs from rivers. Y Repealed by Statute Law (Repeals) Act 1969.[340]
34 Forbade the issuing of writ precipes if doing so would undermine the right of trial in a local feudal court. Y Repealed by Statute Law Revision Act 1863 and Statute Law (Ireland) Revision Act 1872.[340]
35 Ordered the establishment of standard measures for wine, ale, corn, and cloth. Y Repealed by Statute Law Revision Act 1948.[340]
36 Determined that writs for loss of life or limb were to be freely given without charge. Y Repealed by Offences Against the Person Act 1828 and Offences Against the Person (Ireland) Act 1829.[340]
37 Regulated the inheritance of Crown lands held by "fee-farm". Y Repealed by Statute Law Revision Act 1863 and Statute Law (Ireland) Revision Act 1872.[340]
38 Stated that no one should be put on trial based solely on the unsupported word of a royal official. Y Repealed by Statute Law Revision Act 1863 and Statute Law (Ireland) Revision Act 1872.[340]
39 Stated that no free man could be imprisoned or stripped of his rights or possessions without due process being legally applied. Y Still in UK (England and Wales) law as part of clause 29 in the 1297 statute.
40 Forbade the selling of justice, or its denial or delay.[341] Y Still in UK (England and Wales) law as part of clause 29 in the 1297 statute.
41 Guaranteed the safety and the right of entry and exit of foreign merchants. Y Repealed by Statute Law (Repeals) Act 1969.[340]
42 Permitted men to leave England for short periods without prejudicing their allegiance to the King, with the exceptions for outlaws and wartime. N
43 Established special provisions for taxes due on estates temporarily held by the Crown. Y Repealed by Statute Law Revision Act 1863 and Statute Law (Ireland) Revision Act 1872.[340]
44 Limited the need for people to attend forest courts, unless they were actually involved in the proceedings. Y
45 Stated that the King should appoint only justices, constables, sheriffs, or bailiffs who knew and would enforce the law. N
46 Permitted barons to take guardianship of monasteries in the absence of an abbot. Y Repealed by Statute Law Revision Act 1863 and Statute Law (Ireland) Revision Act 1872.[340]
47 Abolished those royal forests newly created under King John's reign. Y
48 Established an investigation of "evil customs" associated with royal forests, with an intent to abolishing them. N
49 Ordered the return of hostages held by the King. N
50 Forbade any member of the d'Athée family from serving as a royal officer. N
51 Ordered that all foreign knights and mercenaries leave England once peace was restored. N
52 Established a process for giving restitution to those who had been unlawfully dispossessed of their "lands, castles, liberties, or of his right".[342] N
53 Established a process for giving restitution to those who had been mistreated by forest law. N
54 Prevented men from being arrested or imprisoned on the testimony of a woman, unless the case involved the death of her husband. Y Repealed by Statute Law Revision Act 1863 and Statute Law (Ireland) Revision Act 1872.[340]
55 Established a process for remitting any unjust fines imposed by the King. N Repealed by Statute Law Revision Act 1863 and Statute Law (Ireland) Revision Act 1872.[340]
56 Established a process for dealing with Welshmen who had been unlawfully dispossessed of their property or rights. Y
57 Established a process for returning the possessions of Welshmen who had been unlawfully dispossessed. N
58 Ordered the return of Welsh hostages, including Prince Llywelyn's son. N
59 Established a process for the return of Scottish hostages, including King Alexander's sisters. N
60 Encouraged others in England to deal with their own subjects as the King dealt with his. Y
61 Provided for the application and observation of the charter by twenty-five of the barons. N
62 Pardoned those who had rebelled against the King. N Sometimes considered a subclause, "Suffix A", of clause 61.[343][56]
63 Stated that the charter was binding on King John and his heirs. N Sometimes considered a subclause, "Suffix B", of clause 61.[343][56]

Clauses remaining in English law

Only three clauses of Magna Carta still remain on statute in England and Wales.[245] These clauses concern 1) the freedom of the English Church, 2) the "ancient liberties" of the City of London (clause 13 in the 1215 charter, clause 9 in the 1297 statute), and 3) a right to due legal process (clauses 39 and 40 in the 1215 charter, clause 29 in the 1297 statute).[245] In detail, these clauses (using the numbering system from the 1297 statute) state that:

  • I. FIRST, We have granted to God, and by this our present Charter have confirmed, for Us and our Heirs for ever, that the Church of England shall be free, and shall have all her whole Rights and Liberties inviolable. We have granted also, and given to all the Freemen of our Realm, for Us and our Heirs for ever, these Liberties under-written, to have and to hold to them and their Heirs, of Us and our Heirs for ever.
  • IX. THE City of London shall have all the old Liberties and Customs which it hath been used to have. Moreover We will and grant, that all other Cities, Boroughs, Towns, and the Barons of the Five Ports, as with all other Ports, shall have all their Liberties and free Customs.
  • XXIX. NO Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the land. We will sell to no man, we will not deny or defer to any man either Justice or Right.[240][341]

See also

Explanatory notes

  1. ^ The document's Latin name is spelled either Magna Carta or Magna Charta (the pronunciation is the same), and may appear in English with or without the definite article "the", though it is more usual for the article to be omitted.[1] Latin does not have a definite article equivalent to "the".
    The spelling Charta originates in the 18th century, as a restoration of classical Latin charta for the Medieval Latin spelling carta.[2] While "Charta" remains an acceptable variant spelling, it never became prevalent in English usage.[3]
  2. ^ Within this article, dates before 14 September 1752 are in the Julian calendar. Later dates are in the Gregorian calendar. In the Gregorian calendar, however, the date would have been 22 June 1215.
  3. ^ The United States (US) Constitution was written in 1787, went into effect in 1788, after ratification by nine of the 13 states, and the US Federal government started operation in 1789.
  4. ^ The Runnymede Charter of Liberties did not apply to Chester, which at the time was a separate feudal domain. Earl Ranulf granted his own Magna Carta of Chester.[42] Some of its articles were similar to the Runnymede Charter.[43]
  5. ^ Louis's claim to the English throne, described as "debatable" by the historian David Carpenter, derived from his wife, Blanche of Castile, who was the granddaughter of King Henry II of England. Louis argued that since John had been legitimately deposed, the barons could then legally appoint him king over the claims of John's son Henry.[54]
  6. ^ Roger de Montbegon is named in only one of the four early sources (BL, Harley MS 746, fol. 64); whereas the others name Roger de Mowbray. However, Holt believes the Harley listing to be "the best", and the de Mowbray entries to be an error.
  7. ^ Among the historians to have discussed the "myth" of Magna Carta and the ancient English constitution are Claire Breay, Geoffrey Hindley, James Holt, John Pocock, Danny Danziger, and John Gillingham.[173][174][175][176][177]
  8. ^ I.e., section 1 of the 31st statute issued in the 9th year of George IV; "nor will We not" in clause 29 is correctly quoted from this source.

References

  1. ^ "Magna Carta". Oxford English Dictionary (Online ed.). Oxford University Press. (Subscription or participating institution membership required.) "Usually without article."
  2. ^ Du Cange s.v. 1 carta
  3. ^ Garner, Bryan A. (1995). A Dictionary of Modern Legal Usage. Oxford University Press. p. 541. ISBN 978-0195142365. "The usual—and the better—form is Magna Carta. [...] Magna Carta does not take a definite article".
    Magna Charta is the recommended spelling in German-language literature. (Duden online)
  4. ^ "Magna Carta 1215". British Library. Retrieved 3 February 2019.
  5. ^ Peter Crooks (July 2015). "Exporting Magna Carta: exclusionary liberties in Ireland and the world". History Ireland. 23 (4).
  6. ^ Holt 2015, pp. 50–51.
  7. ^ "The contents of Magna Carta". UK Parliament. from the original on 28 August 2022. Retrieved 28 August 2022.
  8. ^ "Magna Carta 1297 at Legislation.gov.uk". Legislation.gov.uk. Retrieved 8 December 2022.
  9. ^ Carpenter 1990, p. 8.
  10. ^ a b c Turner 2009, p. 149.
  11. ^ Carpenter 1990, p. 7.
  12. ^ Danziger & Gillingham 2004, p. 168.
  13. ^ Turner 2009, p. 139.
  14. ^ Warren 1990, p. 181.
  15. ^ Carpenter 1990, pp. 6–7.
  16. ^ a b Carpenter 1990, p. 9.
  17. ^ a b Turner 2009, p. 174.
  18. ^ Danziger & Gillingham 2004, pp. 256–258.
  19. ^ McGlynn 2013, pp. 131–132.
  20. ^ McGlynn 2013, p. 130.
  21. ^ Danziger & Gillingham 2004, p. 104.
  22. ^ Danziger & Gillingham 2004, p. 165.
  23. ^ a b Turner 2009, p. 178.
  24. ^ a b McGlynn 2013, p. 132.
  25. ^ Holt 1992a, p. 115.
  26. ^ Poole 1993, pp. 471–472.
  27. ^ Vincent 2012, pp. 59–60.
  28. ^ Turner 2009, p. 179.
  29. ^ Warren 1990, p. 233.
  30. ^ Danziger & Gillingham 2004, pp. 258–2.
  31. ^ Turner 2009, pp. 174, 179–180.
  32. ^ a b c d Turner 2009, p. 180.
  33. ^ Holt 1992a, p. 112.
  34. ^ a b c d McGlynn 2013, p. 137.
  35. ^ a b Tatton-Brown 2015, p. 36.
  36. ^ Holt 2015, p. 219.
  37. ^ a b c Warren 1990, p. 236.
  38. ^ Turner 2009, pp. 180, 182.
  39. ^ a b Turner 2009, p. 182.
  40. ^ Turner 2009, pp. 184–185.
  41. ^ "Magna Carta". British Library. Retrieved 16 March 2016.
  42. ^ Hewit 1929, p. 9.
  43. ^ Holt 1992b, pp. 379–380.
  44. ^ Vincent 2012, pp. 61–63.
  45. ^ Carpenter 2004, pp. 293–294.
  46. ^ a b Turner 2009, p. 189.
  47. ^ a b Danziger & Gillingham 2004, pp. 261–262.
  48. ^ a b Goodman 1995, pp. 260–261.
  49. ^ Warren 1990, pp. 239–240.
  50. ^ Poole 1993, p. 479.
  51. ^ Turner 2009, pp. 189–191.
  52. ^ Danziger & Gillingham 2004, p. 262.
  53. ^ Warren 1990, pp. 239, 242.
  54. ^ a b c d e f Carpenter 1990, p. 12.
  55. ^ Carpenter 1996, p. 13.
  56. ^ a b c d "All clauses". The Magna Carta Project. University of East Anglia. Retrieved 9 November 2014.
  57. ^ Turner 2009, p. 190–191.
  58. ^ a b Turner 2009, p. 190.
  59. ^ Warren 1990, pp. 244–245.
  60. ^ Rothwell 1975, pp. 324–226.
  61. ^ Warren 1990, pp. 245–246.
  62. ^ Holt 1992a, p. 1.
  63. ^ Crouch 1996, p. 114.
  64. ^ Carpenter 2004, pp. 264–267.
  65. ^ Warren 1990, pp. 254–255
  66. ^ "Magna Carta: Wales, Scotland and Ireland". Retrieved 19 October 2022.
  67. ^ Smith, J. Beverley (1984). "Magna Carta and the Charters of the Welsh Princes". The English Historical Review. XCIX (CCCXCI): 344–362. doi:10.1093/ehr/XCIX.CCCXCI.344.
  68. ^ "Preface". Magna Carta Project. Retrieved 17 May 2015.
  69. ^ Holt 1992b, pp. 478–480:the list in the collection of law tracts is at British Library, Harley MS 746, fol. 64; the Reading Abbey list is at Lambeth Palace Library, MS 371, fol. 56v.
  70. ^ "Profiles of Magna Carta Sureties and Other Supporters". Baronial Order of Magna Charta. Retrieved 17 May 2015.
  71. ^ "The Magna Charta Barons at Runnymede". Brookfield Ancestor Project. Retrieved 4 November 2014.
  72. ^ Strickland, Matthew (2005). "Enforcers of Magna Carta (act. 1215–1216)". Oxford Dictionary of National Biography (online ed.). Oxford University Press. doi:10.1093/ref:odnb/93691. (Subscription or UK public library membership required.)
  73. ^ Powicke 1929.
  74. ^ Carpenter 1990, pp. 14–15.
  75. ^ a b c d Carpenter 1990, p. 13.
  76. ^ McGlynn 2013, p. 189.
  77. ^ a b c d e Ridgeway 2010.
  78. ^ Weiler 2012, p. 1.
  79. ^ Carpenter 1990, p. 1.
  80. ^ Mayr-Harting 2011, pp. 259–260.
  81. ^ Mayr-Harting 2011, p. 260.
  82. ^ Carpenter 2004, p. 301.
  83. ^ a b Carpenter 1990, pp. 19–21.
  84. ^ Aurell 2003, p. 30.
  85. ^ Carpenter 1990, pp. 21–22, 24–25.
  86. ^ Powicke 1963, p. 5.
  87. ^ Carpenter 1990, p. 25.
  88. ^ Carpenter 1990, p. 27.
  89. ^ Carpenter 1990, pp. 28–29.
  90. ^ Carpenter 1990, pp. 127–28.
  91. ^ Carpenter 1990, pp. 36–40.
  92. ^ McGlynn 2013, p. 216.
  93. ^ a b Hallam & Everard 2001, p. 173.
  94. ^ Carpenter 1990, pp. 41–42.
  95. ^ a b Carpenter 1990, p. 42.
  96. ^ a b Carpenter 1990, p. 44.
  97. ^ Carpenter 1990, pp. 41, 44–45.
  98. ^ Carpenter 1990, p. 60.
  99. ^ Carpenter 1990, pp. 60–61.
  100. ^ a b Carpenter 1990, pp. 61–62.
  101. ^ White 1915, pp. 472–475.
  102. ^ White 1917, pp. 545–555.
  103. ^ Carpenter 1990, p. 402.
  104. ^ Carpenter 1990, pp. 333–335, 382–383.
  105. ^ Carpenter 1990, pp. 295–296.
  106. ^ Jobson 2012, p. 6.
  107. ^ Carpenter 1990, pp. 296–297.
  108. ^ Carpenter 1990, p. 297.
  109. ^ Hallam & Everard 2001, p. 176.
  110. ^ Weiler 2012, p. 20.
  111. ^ Carpenter 1990, pp. 371–373.
  112. ^ Carpenter 1990, pp. 374–375.
  113. ^ Carpenter 1990, pp. 376, 378.
  114. ^ Hallam & Everard 2001, pp. 176–177.
  115. ^ Carpenter 1990, p. 379.
  116. ^ a b Carpenter 2004, p. 307.
  117. ^ Carpenter 1990, p. 383.
  118. ^ Carpenter 1990, pp. 2–3, 383, 386
  119. ^ Carpenter 2004, p. 307
  120. ^ a b Clanchy 1997, p. 147.
  121. ^ a b Davis 2013, p. 71.
  122. ^ Davis 2013, p. 174.
  123. ^ a b Carpenter 1996, pp. 76, 99.
  124. ^ Carpenter 1990, p. 3.
  125. ^ Carpenter 1996, pp. 26, 29, 37, 43.
  126. ^ a b Carpenter 1996, p. 105.
  127. ^ Davis 2013, pp. 195–197.
  128. ^ Jobson 2012, p. 104.
  129. ^ Davis 2013, p. 224.
  130. ^ Jobson 2012, p. 163.
  131. ^ Holt 1992b, pp. 510–11.
  132. ^ a b Prestwich 1997, p. 427.
  133. ^ "Magna Carta (1297)". The National Archive. Retrieved 29 July 2010.
  134. ^ "Magna Carta (1297)". Statutelaw.gov.uk. Retrieved 13 June 2015.
  135. ^ Edwards 1943.
  136. ^ "Confirmatio Cartarum". britannia.com. Retrieved 30 November 2007.
  137. ^ Prestwich 1997, p. 434.
  138. ^ Cobbett et al. 1810, p. 980.
  139. ^ "Magna Carta". Salisbury Cathedral. Retrieved 25 January 2015.
  140. ^ The Statutes at Large Passed in the Parliaments held in Ireland from The Third Year of Edward the Second A.D. 1310 to the First Year of George the Third, A.D. 1761 Inclusive. Boulter Grierson. 1763. p. 132.
  141. ^ "Confirmatio Cartarum [26] October 10, 1297". 1215.org. Retrieved 19 January 2015.
  142. ^ Holt 2008, p. 62.
  143. ^ Fritze & Robison 2002, pp. 34–35.
  144. ^ Prestwich 1997, pp. 547–548.
  145. ^ Menache 2003, pp. 253–255.
  146. ^ Scott 2014.
  147. ^ Holt 2008, pp. 44–45.
  148. ^ Holt 2008, pp. 45–46.
  149. ^ Holt 2008, p. 56.
  150. ^ Holt 2008, pp. 56–57.
  151. ^ Turner 2003b, p. 123.
  152. ^ Thompson 1948, pp. 9–10.
  153. ^ a b Turner 2003a.
  154. ^ "800th anniversary of Magna Carta" (PDF). Church of England General Synod. Retrieved 4 November 2014.
  155. ^ "Magna Carta". Royal Family History. Retrieved 4 November 2014.
  156. ^ Johnson, Ben. "The Origins of the Magna Carta". Historic UK. Retrieved 4 November 2014.
  157. ^ Turner 2003b, p. 132.
  158. ^ Turner 2003b, p. 133.
  159. ^ Hindley 1990, pp. 185–187.
  160. ^ Hindley 1990, pp. 185–186.
  161. ^ Turner 2003b, p. 138.
  162. ^ a b c Hindley 1990, p. 188.
  163. ^ Thompson 1948, p. 146.
  164. ^ Warren 1990, p. 324.
  165. ^ Hindley 1990, p. 187.
  166. ^ Magna Carta, cum aliis antiquis statutis ... London: Thomas Berthelet, 1531 . Magna carta cvm aliis antiqvis statvtis, qvorvm catalogvm, in fine operis reperies. London: Thomas Berthelet, 1540. Beale S12; STC 9274 12 January 2017 at the Wayback Machine. revised edition by Thomas Marshe (1556), Magna Carta et cetera antiqua statuta nunc nouiter per diuersa exemplaria examinata et summa diligentia castigata et correcta cui adiecta est noua tabula valde necessaria.
  167. ^ Thompson 1948, pp. 147–149.
  168. ^ Brayley, Edward Wedlake. The Beauties of England and Wales, or original delineations, topographical, historical and descriptive of each county (PDF).
  169. ^ T. Rodenhurst (1840). A Description of Hawkstone, the Seat of Sir R. Hill, Bart M.P.: With Brief Notices of the Antiquities of Bury Walls and of Red Castle, an Account of the Column, in Shrewsbury and of Lord Hill's Military Actions. Printed at the Chronicle Office, and sold by J. Watton.
  170. ^ Saul, Nigel. "William Hardel". Magna Carta Trust 800th Anniversary. Retrieved 24 April 2016.
  171. ^ "Obelisk, Hawkstone Park, Weston Under Redcastle, Shropshire | Educational Images". Historic England. from the original on 11 April 2023. Retrieved 11 April 2023.
  172. ^ a b Turner 2003b, p. 140.
  173. ^ a b c d e Danziger & Gillingham 2004, p. 280.
  174. ^ Hindley 1990, p. 183.
  175. ^ a b c d e Breay 2010, p. 46.
  176. ^ Pocock 1987, p. 124.
  177. ^ Holt 1992b, p. 9.
  178. ^ Eele 2013, p. 20.
  179. ^ Thompson 1948, pp. 216–230.
  180. ^ Pocock 1987, p. 154.
  181. ^ Wright 1919, p. 72.
  182. ^ a b c Hindley 1990, pp. 188–189.
  183. ^ Pocock 1987, p. 300.
  184. ^ Greenberg 2006, p. 148.
  185. ^ Turner 2003b, p. 148.
  186. ^ Holt 1992b, pp. 20–21.
  187. ^ Turner 2003b, p. 156.
  188. ^ a b Hindley 1990, p. 189.
  189. ^ Hindley 1990, pp. 189–190.
  190. ^ Turner 2003b, p. 157.
  191. ^ Danziger & Gillingham 2004, pp. 280–281.
  192. ^ Russell 1990, p. 41.
  193. ^ Hindley 1990, p. 190.
  194. ^ Danziger & Gillingham 2004, p. 271.
  195. ^ Woolwrych 2003, p. 95.
  196. ^ a b "Magna Carta: a precedent for recent constitutional change" (PDF). Judiciary of England and Wales Speeches. 15 June 2005. Retrieved 4 November 2014.
  197. ^ Pocock 1987, p. 127.
  198. ^ Kewes 2006, p. 279.
  199. ^ Kewes 2006, p. 226.
  200. ^ Danziger & Gillingham 2004, pp. 281–282.
  201. ^ Hill 2006, pp. 111–122.
  202. ^ Linebaugh 2009, p. 85.
  203. ^ Pocock 1987, pp. 182–228.
  204. ^ Turner 2003b, p. 165.
  205. ^ Pocock 1987, p. 228.
  206. ^ Turner 2003b, pp. 169–170.
  207. ^ Breay & Harrison 2015, pp. 110–111, 134.
  208. ^ Linebaugh 2009, pp. 113–14.
  209. ^ Linebaugh 2009, pp. 113–114.
  210. ^ a b Turner 2003b, pp. 67–68.
  211. ^ Fryde 2001, p. 207.
  212. ^ Goodrich, Chauncey A. "The Speeches of Lord Chatham". Classic Persuasion.
  213. ^ . Parliament of Australia. December 2002. Archived from the original on 6 November 2014. Retrieved 7 November 2014.
  214. ^ Brink, Robert J. (18 August 2014). "History on display: one lawyer's musings on Magna Carta". Massachusetts Lawyers Weekly. Retrieved 20 November 2014.
  215. ^ Howard 2008, p. 28.
  216. ^ Hazeltine 1917, p. 194.
  217. ^ Hazeltine 1917, p. 195.
  218. ^ Turner 2003b, p. 210.
  219. ^ Turner 2003b, p. 211.
  220. ^ Hazeltine 1917, pp. 183–184.
  221. ^ a b "Magna Carta and Its American Legacy". National Archives and Records Administration. Retrieved 30 January 2015.
  222. ^ a b "The Magna Carta". National Archives and Records Administration. Retrieved 20 November 2014.
  223. ^ Logal, W.A. (2000). "Federal Habeas in the Information Age". Minnesota Law Review. 85: 147.
  224. ^ Stimson 2004, p. 124.
  225. ^ Black 1999, p. 10.
  226. ^ "'Klopfer v. North Carolina', 386 U.S. 213 (1967)". FindLaw. Retrieved 2 May 2010.
  227. ^ Did King John actually 'sign' Magna Carta?, BBC, 19 January 2015, retrieved 14 April 2020
  228. ^ a b Turner 2003b, pp. 199–200.
  229. ^ a b Fryde 2001, p. 1.
  230. ^ a b Simmons 1998, pp. 69–83.
  231. ^ Galef 1998, pp. 78–79.
  232. ^ Pollard 1912, pp. 31–32.
  233. ^ Barnes 2008, p. 23.
  234. ^ Danziger & Gillingham 2004, p. 283.
  235. ^ "Home". The Baronial Order of Magna Charta. Retrieved 19 November 2014.
  236. ^ Wright 1990, p. 167.
  237. ^ Holt 1992b, pp. 2–3.
  238. ^ a b Danziger & Gillingham 2004, p. 278.
  239. ^ Burdett 1810, p. 41.
  240. ^ a b c . UK Statute Law Database. Archived from the original on 5 September 2007. Retrieved 2 September 2007.
  241. ^ . Segamore Institute. Archived from the original on 5 November 2014. Retrieved 4 November 2014.
  242. ^ Clark 2000.
  243. ^ Kennedy 1922, p. 228.
  244. ^ Drew 2004, pp. pxvi–pxxiii.
  245. ^ a b c Breay 2010, p. 48.
  246. ^ "So will the revolution start in Haltemprice and Howden?". The Independent. UK. 14 June 2008. Retrieved 16 June 2008.
  247. ^ Green, David Allen (16 June 2014). "The myth of Magna Carta". Financial Times. Retrieved 21 January 2015. The sarcasm of the Master of the Rolls was plain
  248. ^ "The Mayor Commonalty and Citizens of London v Samede". 22 February 2012. Retrieved 21 January 2015.
  249. ^ Holt 1992b, p. 2.
  250. ^ Warren 1990, p. 240.
  251. ^ Holt 1992b, p. 21.
  252. ^ "Magna Carta (25 Ed I)". New Zealand Law online.
  253. ^ "Magna Carta 1297 No 29 (as at 03 September 2007), Imperial Act – New Zealand Legislation". www.legislation.govt.nz. Retrieved 3 December 2018.
  254. ^ "United States Constitution Q + A". The Charters of Freedom. National Archives and Records Administration. Retrieved 4 November 2014.
  255. ^ "Magna Carta Replica and Display". Architect of the Capitol. Retrieved 20 November 2014.
  256. ^ Doward, Jamie (1 November 2014). "Magna Carta 800 years on: recognition at last for 'England's greatest export'". The Observer. Retrieved 7 November 2014.
  257. ^ "Celebrating 800 years of Magna Carta". British Library. Retrieved 7 November 2014.
  258. ^ "Magna Carta: Law, Liberty, Legacy". British Library. Retrieved 7 November 2014.
  259. ^ Jones, Jonathan (14 May 2015). "Kings and needles: the Magna Carta gets an embroidery update". The Guardian. Retrieved 14 May 2015.
  260. ^ Davies, Caroline (15 June 2015). "Magna Carta: leaders celebrate 800th anniversary of the Great Charter". The Guardian. Retrieved 20 June 2015.
  261. ^ "800th Anniversary of the Magna Carta". Google. 15 June 2015.
  262. ^ "Magna Carta: Muse and Mentor". Library of Congress. 6 November 2014. Retrieved 30 January 2015.
  263. ^ "Magna Carta 800". Visit Lincoln. Retrieved 7 November 2014.
  264. ^ "800th Anniversary of Magna Carta 2015 UK £2 BU Coin". Royal Mint. Retrieved 27 December 2014.
  265. ^ . The Royal Mint. Archived from the original on 25 November 2015. Retrieved 24 November 2015.
  266. ^ "Bury St Edmunds Magna Carta 800". Bury St Edmunds: The Bury Society. Retrieved 28 December 2014.
  267. ^ a b Breay 2010, p. 37.
  268. ^ Breay 2010, pp. 37–38.
  269. ^ a b Hindley 1990, p. 143.
  270. ^ Breay 2010, pp. 38–39.
  271. ^ Browning 1898, p. 50.
  272. ^ Breay 2010, pp. 34–35.
  273. ^ Breay 2010, p. 34.
  274. ^ a b Breay 2010, p. 35.
  275. ^ Breay 2010, pp. 34–36.
  276. ^ Breay 2010, pp. 35–36.
  277. ^ Breay 2010, p. 36.
  278. ^ Turner 2003b, p. 65.
  279. ^ . Canterbury Christ Church University. Archived from the original on 23 January 2015. Retrieved 31 January 2015.
  280. ^ . kentnews. Archived from the original on 23 January 2015. Retrieved 31 January 2015.
  281. ^ Breay & Harrison 2015, pp. 57, 66.
  282. ^ Breay & Harrison 2015, pp. 66, 216–219.
  283. ^ Duffy, Christina. "Revealing the secrets of the burnt Magna Carta". British Library. Retrieved 8 June 2016.
  284. ^ Breay 2010, pp. 36–37.
  285. ^ Davis 1963, p. 36.
  286. ^ a b c Knight, Alec (17 April 2004). . National Society Magna Charta Dames and Barons. Archived from the original on 21 August 2004. Retrieved 2 September 2007.
  287. ^ a b "Magna Carta: Muse and Mentor Magna Carta Comes to America". Library of Congress. 6 November 2014.
  288. ^ a b Vincent 2012, p. 107.
  289. ^ "Proposed Gift of Magna Carta to America, 1941". The National Archives. Retrieved 29 January 2022. May we give you – at least as a token of our feelings – something of no intrinsic value whatever: a bit of parchment, more than seven hundred years old, rather the worse for wear.
  290. ^ "Magna Carta As Exhibit For New York World Fair". British Pathé. Retrieved 15 September 2016.
  291. ^ "Magna Carta in the US, Part I: The British Pavilion of the 1939 New York World's Fair". 30 April 2014.
  292. ^ (Press release). National Constitution Center. 30 May 2007. Archived from the original on 27 September 2007. Retrieved 2 September 2007.
  293. ^ "Magna Carta & Four Foundations of Freedom". Contemporary Art Center of Virginia. 2007. Retrieved 4 November 2014.
  294. ^ Kahn, Eve M (13 September 2009). "Copy of Magna Carta Travels to New York in Style". The New York Times. Retrieved 4 January 2015.
  295. ^ "Magna Carta". Lincoln Castle. 12 February 2015. Retrieved 11 April 2018.
  296. ^ "Magna Carta". Lincoln Cathedral. Retrieved 11 April 2018.
  297. ^ Salisbury Cathedral (2013). "The Salisbury Connection". Retrieved 13 November 2014.
  298. ^ a b Vincent 2012, p. 104.
  299. ^ a b Salisbury Cathedral (2013). "The Document". Retrieved 13 November 2014.
  300. ^ "Award for cathedral Magna Carta". BBC News Online. 4 August 2009. Retrieved 4 January 2015.
  301. ^ Salisbury Cathedral (2013). "Visiting Magna Carta". Retrieved 13 November 2014.
  302. ^ a b Vincent 2012, p. 106.
  303. ^ a b "Magna Carta pulls in the crowds". Bodleian Libraries. University of Oxford. Retrieved 13 June 2015.
  304. ^ "Magna Carta at Hereford Cathedral". BBC. Retrieved 4 November 2014.
  305. ^ "The Magna Carta". Fine Arts Museums of San Francisco. 5 April 2011. Retrieved 4 January 2015.
  306. ^ "Magna Carta, 1225". British Library. Retrieved 22 November 2014.
  307. ^ Campbell, Sophie (16 September 2014). "Magna Carta: On the trail of the Great Charter". Telegraph. Archived from the original on 10 January 2022. Retrieved 4 November 2014.
  308. ^ Lewis 1987, p. 494.
  309. ^ "Magna Carta". The National Archives. Retrieved 19 January 2015.
  310. ^ Moss, Richard. "Society of Antiquaries to restore and display Magna Carta for 800th anniversary". Culture 24. Retrieved 13 June 2015.
  311. ^ "Harry Evans "Bad King John and the Australian Constitution: Commemorating the 700th Anniversary of the 1297 Issue of Magna Carta*"". Papers on Parliament No. 31. Parliament of Australia. Retrieved 4 November 2014.
  312. ^ Metherell, Mark (4 January 2006). "Rare Magna Carta copy not such a big deal after all". Sydney Morning Herald. Retrieved 4 November 2014.
  313. ^ Barron, James (25 September 2007). "Magna Carta is going on the auction block". The New York Times. Retrieved 19 December 2007.
  314. ^ "Magna Carta copy fetches $24m". Sydney Morning Herald. 19 December 2007. Retrieved 19 December 2007.
  315. ^ Edgers, Geoff (31 October 2014). "Two Magna Cartas in D.C." The Washington Post. Retrieved 4 November 2014.
  316. ^ Vincent 2015, p. 160.
  317. ^ Hossack, James (19 December 2007). "Magna Carta Sold at Auction for $21.3 Million". The Sydney Morning Herald. Retrieved 14 June 2015.
  318. ^ a b c Harris, Carolyn. "Where is Magna Carta Today?". Magna Carta 2015 Canada. Retrieved 13 June 2015.
  319. ^ "Magna Carta". National Archives. 1297. Retrieved 13 June 2015.
  320. ^ a b "Magna Carta edition found in Sandwich archive scrapbook". BBC. 8 February 2015. Retrieved 13 June 2015.
  321. ^ . Faversham Times. 17 September 2014. Archived from the original on 12 February 2015. Retrieved 13 June 2015.
  322. ^ "New City of London Heritage Gallery to open at the Guildhall". Museums and Heritage Advisor. Retrieved 13 June 2015.
  323. ^ "About us". Sandwich Guildhall Museum. Retrieved 13 September 2023.
  324. ^ Press Association (8 February 2015). "£10m Magna Carta found in council archives. Expert says discovery of 1300 edition of historic document raises hopes that there are more than the 24 copies currently known about in existence". The Guardian.
  325. ^ a b c d e Breay 2010, p. 28.
  326. ^ Poole 1993, pp. 16–17.
  327. ^ a b Breay 2010, p. 29.
  328. ^ Gordon v. Justice Court, 12 Cal. 3d 323 (1974).
  329. ^ a b Huscroft 2005, p. 97.
  330. ^ Poole 1993, pp. 29–30.
  331. ^ Poole 1993, p. 29.
  332. ^ a b c Breay 2010, p. 32.
  333. ^ Poole 1993, pp. 353, 474.
  334. ^ Hillaby 2013, p. 23.
  335. ^ Huscroft 2005, p. 190.
  336. ^ a b Huscroft 2005, p. 189.
  337. ^ Turner 2009, p. 121.
  338. ^ a b c Breay 2010, pp. 49–54.
  339. ^ Sharples, Barry. "Magna Carta Liberatum (The Great Charter of Liberties) The First Great Charter of King Edward The First Granted October 12th 1297". Retrieved 13 November 2014.
  340. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag "Magna Carta (1297)". Uk Government. Retrieved 15 November 2014.
  341. ^ a b Madison, P. A. (2 August 2010). . The Federalist Blog. Archived from the original on 18 November 2019. Retrieved 19 January 2013. The words "We will sell to no man" were intended to abolish the fines demanded by King John in order to obtain justice. "Will not deny" referred to the stopping of suits and the denial of writs. "Delay to any man" meant the delays caused either by the counter-fines of defendants, or by the prerogative of the King.
  342. ^ "The 1215 Magna Carta: Clause 52". The Magna Carta Project. University of East Anglia. Retrieved 22 July 2021.
  343. ^ a b Hindley 1990, p. 201.

Bibliography

  • Aurell, Martin (2003). L'Empire de Plantagenêt, 1154–1224 (in French). Paris: Tempus. ISBN 978-2262022822.
  • Barnes, Thomas Garden (2008). Shaping the Common Law: From Glanvill to Hale, 1188–1688. Stanford University Press. ISBN 978-0804779593.
  • Black, Charles (1999). A New Birth of Freedom: Human Rights, Named and Unnamed. New Haven, CN: Yale University Press. ISBN 978-0300077346.
  • Breay, Claire (2010). Magna Carta: Manuscripts and Myths. London: The British Library. ISBN 978-0712358330.
  • Breay, Claire; Harrison, Julian, eds. (2015). Magna Carta: Law, Liberty, Legacy. London: The British Library. ISBN 978-0712357647.
  • Browning, Charles Henry (1898). "The Magna Charta Described". The Magna Charta Barons and Their American Descendants with the Pedigrees of the Founders of the Order of Runnemede Deduced from the Sureties for the Enforcement of the Statutes of the Magna Charta of King John. Philadelphia. OCLC 9378577.{{cite book}}: CS1 maint: location missing publisher (link)
  • Burdett, Francis (1810). Sir Francis Burdett to His Constituents. R. Bradshaw.
  • Carpenter, David A. (1990). The Minority of Henry III. Berkeley and Los Angeles: University of California Press. ISBN 978-0413623607.
  • Carpenter, David (1996). The Reign of Henry III. London: Hambledon Press. ISBN 978-1852851378.
  • Carpenter, David A. (2004). Struggle for Mastery: The Penguin History of Britain 1066–1284. London: Penguin. ISBN 978-0140148244.
  • Clanchy, Michael T. (1997). Early Medieval England. The Folio Society.
  • Clark, David (2000). "The Icon of Liberty: The Status and Role of Magna Carta in Australian and New Zealand Law". Melbourne University Law Review. 24 (3).
  • Cobbett, William; Howell, Thomas Bayly; Howell, Th.J.; Jardine, William (1810). Cobbett's Complete Collection of State Trials and Proceedings for High Treason and Other Crimes and Misdemeanors from the Earliest Period to the Present Time. Bagshaw.
  • Crouch, David (1996). William Marshal: Court, Career and Chivalry in the Angevin Empire 1147–1219. Longman. ISBN 978-0582037861.
  • Danziger, Danny; Gillingham, John (2004). 1215: The Year of Magna Carta. Hodder Paperbacks. ISBN 978-0340824757.
  • Davis, G.R.C. (1963). Magna Carta. The British Library Publishing Division. ISBN 978-0712300148.
  • Davis, John Paul (2013). The Gothic King: A Biography of Henry III. London: Peter Owen. ISBN 978-0720614800.
  • Drew, Katherine F. (2004). Magna Carta. Greenwood Press. ISBN 978-0313325908.
  • Edwards, J.G. (1943). "Confirmatio Cartarum and Baronial Grievances in 1297". The English Historical Review. 58 (231): 273–300. doi:10.1093/ehr/lviii.ccxxxi.273. JSTOR 554340.
  • Eele, Caroline (2013). Perceptions of Magna Carta: Why has it been seen as significant? (PDF) (Thesis). 2014 Magna Carta 2015 Committee. Retrieved 18 November 2014.
  • Fryde, Natalie (2001). Why Magna Carta? Angevin England Revisited. Munster, Germany: LiT. ISBN 978-3825856571.
  • Fritze, Ronald; Robison, William (2002). Historical Dictionary of Late Medieval England 1272–1485. Greenwood Press. ISBN 978-0313291241.
  • Galef, David (1998). Second Thoughts: Focus on Rereading. Detroit, MI: Wayne State University Press. ISBN 978-0814326473.
  • Goodman, Ellen (1995). The Origins of the Western Legal Tradition: From Thales to the Tudors. Federation Press. ISBN 978-1862871816.
  • Greenberg, Janelle (2006). The Radical Face of the Ancient Constitution: St Edward's 'Laws' in Early Modern Political Thought. Cambridge: Cambridge University Press. ISBN 978-0521024884.
  • Hallam, Elizabeth M.; Everard, Judith A. (2001). Capetian France, 987–1328 (2nd ed.). Harlow, UK: Longman. ISBN 978-0582404281.
  • Hazeltine, H.D. (1917). "The Influence of Magna Carta on American Constitutional Development". In Malden, Henry Elliot (ed.). Magna Carta commemoration essays. BiblioBazaar. ISBN 978-1116447477.
  • Hewit, H.J. (1929). Mediaeval Cheshire. Manchester, UK: Manchester University Press.
  • Hill, Christopher (2006). Winstanley 'The Law of Freedom' and Other Writings. Cambridge University Press. ISBN 978-0521031608.
  • Hillaby, Caroline (2013). The Palgrave Dictionary of Medieval Anglo-Jewish History. Palgrave Macmillan. ISBN 978-1137308153.
  • Hindley, Geoffrey (1990). The Book of Magna Carta. London: Constable. ISBN 978-0094682405.
  • Holt, James C. (1992a). The Northerners: A Study in the Reign of King John. Oxford: Oxford University Press. ISBN 978-0198203094.
  • Holt, James C. (1992b). Magna Carta. Cambridge: Cambridge University Press. ISBN 978-0521277785.
  • Holt, James C. (2015). Magna Carta (3rd ed.). Cambridge: Cambridge University Press. ISBN 978-1107093164.
  • Holt, James C. (2008) [1993]. The Ancient Constitution in Medieval England (PDF). Liberty Fund. ISBN 978-0865977099.
  • Howard, A.E. Dick (2008). "Magna Carta Comes To America". Fourscore. 58 (4).
  • Huscroft, Richard (2005). Ruling England, 1042–1217. Harlow, UK: Pearson. ISBN 978-0582848825.
  • Jobson, Adrian (2012). The First English Revolution: Simon de Montfort, Henry III and the Barons' War. London: Bloomsbury. ISBN 978-1847252265.
  • Kennedy, William Paul McClure (1922). The Constitution of Canada. Oxford: Oxford University Press.
  • Kewes, Paulina (2006). The Uses of History in Early Modern England. Berkeley: University of California Press. ISBN 978-0873282192.
  • Lewis, Suzanne (1987). The Art of Matthew Paris in the Chronica Majora. University of California Press. ISBN 978-0520049819.
  • Linebaugh, Peter (2009). The Magna Carta Manifesto: Liberties and Commons for All. Berkeley: University of California Press. ISBN 978-0520260009.
  • Mayr-Harting, Henry (2011). Religion, Politics and Society in Britain, 1066–1272. Harlow, UK: Longman. ISBN 978-0582414136.
  • McGlynn, Sean (2013). Blood Cries Afar: The Forgotten Invasion of England, 1216. London: Spellmount. ISBN 978-0752488318.
  • Menache, Sophia (2003). Clement V. Cambridge: Cambridge University Press. ISBN 978-0521521987.
  • Pocock, J.G.A. (1987). The Ancient Constitution and the Feudal Law: A Study of English Historical Thought in the Seventeenth Century. Cambridge: Cambridge University Press. ISBN 978-0521316439.
  • Pollard, Albert Frederick (1912). The history of England; a study in political evolution. H. Holt.
  • Poole, Austin Lane (1993) [1951]. From Domesday Book to Magna Carta 1087–1216 (2nd ed.). Oxford: Oxford University Press.
  • Powicke, F.M. (1929). "The Bull 'Miramur Plurimum' and a Letter to Archbishop Stephen Langton, 5 September 1215". English Historical Review. 44: 87–93. doi:10.1093/ehr/xliv.clxxiii.87.
  • Powicke, Frederick Maurice (1963). The Thirteenth Century 1216–1307. Oxford: Oxford University Press. ISBN 978-0198217084.
  • Prestwich, Michael (1997). Edward I. New Haven, CN: Yale University Press. ISBN 978-0300071573.
  • Ridgeway, H. W. (2010) [2004]. "Henry III (1207–1272)". Oxford Dictionary of National Biography (online ed.). Oxford University Press. doi:10.1093/ref:odnb/12950. (Subscription or UK public library membership required.)
  • Rothwell, Harry (1975). English Historical Documents 1189–1327. London: Eyre & Spottiswoode. ISBN 978-0413233004.
  • Russell, Conrad (1990). Unrevolutionary England, 1603–1642. Continnuum-3PL. ISBN 978-1852850258.
  • Scott, Robert McNair (2014). Robert The Bruce: King Of Scots. Canongate Books. ISBN 978-1847677464.
  • Simmons, Clare A. (1998). "Absent Presence: The Romantic-Era Magna Charta and the English Constitution". In Shippey, Richard; Utz, Tom (eds.). Medievalism in the Modern World. Essays in Honour of Leslie J. Workman. Brepols Publishers.
  • Stimson, Frederick Jessup (2004). The Law Of The Federal And State Constitutions Of The United States. Lawbook Exchange Ltd. ISBN 978-1584773696.
  • Tatton-Brown, Tim (July 2015). "Magna Carta at 800: Uncovering its Landscape Archaeology". Current Archaeology (304): 34–37.
  • Thompson, Faith (1948). Magna Carta – Its Role In The Making Of The English Constitution 1300–1629. Minneapolis: University of Minnesota Press. ISBN 978-1299948686.
  • Turner, Ralph V. (2003a). "The Meaning of Magna Carta since 1215". History Today. 53 (9).
  • Turner, Ralph (2003b). Magna Carta: Through the Ages. Routledge. ISBN 978-0582438262.
  • Turner, Ralph (2009). King John: England's Evil King?. Stroud, UK: History Press. ISBN 978-0752448503.
  • Vincent, Nicholas (2012). Magna Carta: A Very Short Introduction. Oxford: Oxford University Press. ISBN 978-0199582877.
  • Vincent, Nicholas (2015). "From World War to World Heritage: Magna Carta in the Twentieth Century". In Vincent, Nicholas (ed.). Magna Carta: The Foundation of Freedom, 1215–2015. London: Third Millennium Publishing. pp. 154–169. ISBN 978-1908990488.
  • Warren, W. Lewis (1990). King John. London: Methuen. ISBN 978-0413455208.
  • Weiler, Björn K.U. (2012). Henry III of England and the Staufen Empire, 1216–1272. Paris: Royal Historical Society: Boydell Press. ISBN 978-0861933198.
  • White, Albert Beebe (1915). "The Name Magna Carta". The English Historical Review. XXX (CXIX): 472–475. doi:10.1093/ehr/XXX.CXIX.472.
  • White, Albert Beebe (1917). "Note on the Name Magna Carta". The English Historical Review. XXXII (CXXVIII): 545–555. doi:10.1093/ehr/XXXII.CXXVIII.554.
  • Woolwrych, Austin Herbert (2003). Smith, David Lee (ed.). Cromwell and Interregnum: The Essential Readings. Wiley-Blackwell. ISBN 978-0631227250.
  • Wright, Herbert G. (1919). The Life And Works Of Arthur Hall Of Grantham, Member Of Parliament, Courtier And First Translator Of Homer Into English. Book on Demand.
  • Wright, Patrick (1990). The River: A Thames Journey. London: BBC Books. ISBN 978-0563384786.

Further reading

  • Ambler, S. T. (August 2015). "Magna Carta: Its Confirmation at Simon de Montfort's Parliament of 1265". English Historical Review. CXXX (545): 801–830. doi:10.1093/ehr/cev202.
  • Davies, Stephen (2008). "Magna Carta". In Hamowy, Ronald (ed.). The Encyclopedia of Libertarianism. Thousand Oaks, CA: Sage; Cato Institute. pp. 313–314. doi:10.4135/9781412965811.n188. ISBN 978-1412965804. OCLC 750831024.
  • McKechnie, William Sharp (1914). Magna Carta: A Commentary on the Great Charter of King John with an Historical Introduction (PDF). Glasgow, UK: James Maclehose and Sons.

External links

 
Wikisource has original text related to this article:
Magna Carta
 
Latin Wikisource has original text related to this article:
Magna Carta
 
Wikimedia Commons has media related to Magna Carta.
 
Wikiquote has quotations related to Magna Carta.

Government websites

  • British Library
  • National Archives UK
  • British Parliament

Academic websites

  • The Magna Carta Project

Texts

  • Text of the Magna Carta 1297 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
  • Magna Carta Libertatum Latin and English text of the 1215 charter
  • Text of Magna Carta English translation, with introductory historical note. From the Internet Medieval Sourcebook.
  •   Magna Carta public domain audiobook at LibriVox

January 19, 2024
magna, carta, this, article, about, english, charter, 1215, other, uses, disambiguation, libertatum, medieval, latin, great, charter, freedoms, commonly, called, sometimes, magna, charta, great, charter, royal, charter, rights, agreed, king, john, england, run. This article is about the English charter of 1215 For other uses see Magna Carta disambiguation Magna Carta Libertatum Medieval Latin for Great Charter of Freedoms commonly called Magna Carta or sometimes Magna Charta Great Charter a is a royal charter 4 5 of rights agreed to by King John of England at Runnymede near Windsor on 15 June 1215 b First drafted by the Archbishop of Canterbury Cardinal Stephen Langton to make peace between the unpopular king and a group of rebel barons it promised the protection of church rights protection for the barons from illegal imprisonment access to swift and impartial justice and limitations on feudal payments to the Crown to be implemented through a council of 25 barons citation needed Neither side stood by their commitments and the charter was annulled by Pope Innocent III leading to the First Barons War citation needed Magna CartaCotton MS Augustus II 106 one of four surviving exemplifications of the 1215 textCreated1215 809 years ago 1215 LocationTwo at the British Library one each in Lincoln Castle and in Salisbury CathedralAuthor s John King of England His barons Stephen Langton Archbishop of CanterburyPurposePeace treatyFull textMagna Carta at WikisourceAfter John s death the regency government of his young son Henry III reissued the document in 1216 stripped of some of its more radical content in an unsuccessful bid to build political support for their cause At the end of the war in 1217 it formed part of the peace treaty agreed at Lambeth where the document acquired the name Magna Carta to distinguish it from the smaller Charter of the Forest which was issued at the same time citation needed Short of funds Henry reissued the charter again in 1225 in exchange for a grant of new taxes citation needed His son Edward I repeated the exercise in 1297 this time confirming it as part of England s statute law citation needed The charter became part of English political life and was typically renewed by each monarch in turn although as time went by and the fledgling Parliament of England passed new laws it lost some of its practical significance citation needed A common belief is that Magna Carta was a unique and early charter of human rights However nothing about Magna Carta was unique in either its content or form for 12th 13th century Europe 6 At the end of the 16th century there was an upsurge in interest in Magna Carta Lawyers and historians at the time believed that there was an ancient English constitution going back to the days of the Anglo Saxons that protected individual English freedoms They argued that the Norman invasion of 1066 had overthrown these rights and that Magna Carta had been a popular attempt to restore them making the charter an essential foundation for the contemporary powers of Parliament and legal principles such as habeas corpus citation needed Although this historical account was badly flawed jurists such as Sir Edward Coke used Magna Carta extensively in the early 17th century arguing against the divine right of kings citation needed Both James I and his son Charles I attempted to suppress the discussion of Magna Carta citation needed The political myth of Magna Carta and its protection of ancient personal liberties persisted after the Glorious Revolution of 1688 until well into the 19th century It influenced the early American colonists in the Thirteen Colonies and the formation of the United States Constitution which became the supreme law of the land in the new republic of the United States citation needed c Research by Victorian historians showed that the original 1215 charter had concerned the medieval relationship between the monarch and the barons rather than the rights of ordinary people citation needed but the charter remained a powerful iconic document even after almost all of its content was repealed from the statute books in the 19th and 20th centuries citation needed None of the original 1215 Magna Carta is currently in force since it was repealed however four clauses of the original charter 1 part 13 39 and 40 are enshrined in the 1297 reissued Magna Carta and do still remain in force in England and Wales as clauses 1 9 and 29 of the 1297 statute 7 8 In the 21st century four exemplifications of the original 1215 charter remain in existence two at the British Library one at Lincoln Castle and one at Salisbury Cathedral There are also a handful of the subsequent charters in public and private ownership including copies of the 1297 charter in both the United States and Australia Although scholars refer to the 63 numbered clauses of Magna Carta this is a modern system of numbering introduced by Sir William Blackstone in 1759 the original charter formed a single long unbroken text The four original 1215 charters were displayed together at the British Library for one day 3 February 2015 to mark the 800th anniversary of Magna Carta citation needed Contents 1 History 1 1 13th century 1 1 1 Background 1 1 2 Great Charter of 1215 1 1 2 1 Charters of the Welsh Princes 1 1 2 2 Lists of participants in 1215 1 1 2 2 1 Counsellors named in Magna Carta 1 1 2 2 2 The Council of Twenty Five Barons 1 1 2 2 3 Excommunicated rebels 1 1 3 Great Charter of 1216 1 1 4 Great Charter of 1217 1 1 5 Great Charter of 1225 1 1 5 1 Witnesses in 1225 1 1 6 Great Charter of 1297 statute 1 1 7 Magna Carta s influence on English medieval law 1 2 14th 15th centuries 1 3 16th century 1 4 17th 18th centuries 1 4 1 Political tensions 1 4 2 Glorious Revolution 1 4 3 Use in the Thirteen Colonies and the United States 1 5 19th 21st centuries 1 5 1 Interpretation 1 5 2 Repeal of articles and constitutional influence 1 5 3 Modern legacy 1 5 4 Celebration of the 800th anniversary 2 Content 2 1 Physical format 2 2 Exemplifications 2 2 1 1215 exemplifications 2 2 2 Later exemplifications 2 3 Clauses 2 3 1 Clauses in detail 2 3 2 Clauses remaining in English law 3 See also 4 Explanatory notes 5 References 6 Bibliography 7 Further reading 8 External links 8 1 Government websites 8 2 Academic websites 8 3 TextsHistory13th century Background Main article John King of England nbsp King John on a stag huntMagna Carta originated as an unsuccessful attempt to achieve peace between royalist and rebel factions in 1215 as part of the events leading to the outbreak of the First Barons War England was ruled by King John the third of the Angevin kings Although the kingdom had a robust administrative system the nature of government under the Angevin monarchs was ill defined and uncertain 9 10 John and his predecessors had ruled using the principle of vis et voluntas or force and will taking executive and sometimes arbitrary decisions often justified on the basis that a king was above the law 10 Many contemporary writers believed that monarchs should rule in accordance with the custom and the law with the counsel of the leading members of the realm but there was no model for what should happen if a king refused to do so 10 John had lost most of his ancestral lands in France to King Philip II in 1204 and had struggled to regain them for many years raising extensive taxes on the barons to accumulate money to fight a war which ended in expensive failure in 1214 11 Following the defeat of his allies at the Battle of Bouvines John had to sue for peace and pay compensation 12 John was already personally unpopular with many of the barons many of whom owed money to the Crown and little trust existed between the two sides 13 14 15 A triumph would have strengthened his position but in the face of his defeat within a few months after his return from France John found that rebel barons in the north and east of England were organising resistance to his rule 16 17 The rebels took an oath that they would stand fast for the liberty of the church and the realm and demanded that the King confirm the Charter of Liberties that had been declared by King Henry I in the previous century and which was perceived by the barons to protect their rights 17 18 19 The rebel leadership was unimpressive by the standards of the time even disreputable but were united by their hatred of John 20 Robert Fitzwalter later elected leader of the rebel barons claimed publicly that John had attempted to rape his daughter 21 and was implicated in a plot to assassinate John in 1212 22 nbsp A mural of Pope Innocent III c 1219John held a council in London in January 1215 to discuss potential reforms and sponsored discussions in Oxford between his agents and the rebels during the spring 23 Both sides appealed to Pope Innocent III for assistance in the dispute 24 During the negotiations the rebellious barons produced an initial document which historians have termed the Unknown Charter of Liberties which drew on Henry I s Charter of Liberties for much of its language seven articles from that document later appeared in the Articles of the Barons and the subsequent charter 25 26 27 It was John s hope that the Pope would give him valuable legal and moral support and accordingly John played for time the King had declared himself to be a papal vassal in 1213 and correctly believed he could count on the Pope for help 24 28 John also began recruiting mercenary forces from France although some were later sent back to avoid giving the impression that the King was escalating the conflict 23 In a further move to shore up his support John took an oath to become a crusader a move which gave him additional political protection under church law even though many felt the promise was insincere 29 30 Letters backing John arrived from the Pope in April but by then the rebel barons had organised into a military faction They congregated at Northampton in May and renounced their feudal ties to John marching on London Lincoln and Exeter 31 John s efforts to appear moderate and conciliatory had been largely successful but once the rebels held London they attracted a fresh wave of defectors from the royalists 32 The King offered to submit the problem to a committee of arbitration with the Pope as the supreme arbiter but this was not attractive to the rebels 33 Stephen Langton the archbishop of Canterbury had been working with the rebel barons on their demands and after the suggestion of papal arbitration failed John instructed Langton to organise peace talks 32 34 Great Charter of 1215 nbsp The Articles of the Barons 1215 held by the British LibraryJohn met the rebel leaders at Runnymede a water meadow on the south bank of the River Thames on 10 June 1215 Runnymede was a traditional place for assemblies but it was also located on neutral ground between the royal fortress of Windsor Castle and the rebel base at Staines and offered both sides the security of a rendezvous where they were unlikely to find themselves at a military disadvantage 35 36 Here the rebels presented John with their draft demands for reform the Articles of the Barons 32 34 37 Stephen Langton s pragmatic efforts at mediation over the next ten days turned these incomplete demands into a charter capturing the proposed peace agreement a few years later this agreement was renamed Magna Carta meaning Great Charter 34 37 38 By 15 June general agreement had been made on a text and on 19 June the rebels renewed their oaths of loyalty to John and copies of the charter were formally issued 34 37 Although as the historian David Carpenter has noted the charter wasted no time on political theory it went beyond simply addressing individual baronial complaints and formed a wider proposal for political reform 32 39 It promised the protection of church rights protection from illegal imprisonment access to swift justice and most importantly limitations on taxation and other feudal payments to the Crown with certain forms of feudal taxation requiring baronial consent 16 40 It focused on the rights of free men in particular the barons 39 The rights of serfs were included in articles 16 20 and 28 41 d Its style and content reflected Henry I s Charter of Liberties as well as a wider body of legal traditions including the royal charters issued to towns the operations of the Church and baronial courts and European charters such as the Statute of Pamiers 44 45 Under what historians later labelled clause 61 or the security clause a council of 25 barons would be created to monitor and ensure John s future adherence to the charter 46 If John did not conform to the charter within 40 days of being notified of a transgression by the council the 25 barons were empowered by clause 61 to seize John s castles and lands until in their judgement amends had been made 47 Men were to be compelled to swear an oath to assist the council in controlling the King but once redress had been made for any breaches the King would continue to rule as before 48 In one sense this was not unprecedented Other kings had previously conceded the right of individual resistance to their subjects if the King did not uphold his obligations Magna Carta was novel in that it set up a formally recognised means of collectively coercing the King 48 The historian Wilfred Warren argues that it was almost inevitable that the clause would result in civil war as it was crude in its methods and disturbing in its implications 49 The barons were trying to force John to keep to the charter but clause 61 was so heavily weighted against the King that this version of the charter could not survive 47 John and the rebel barons did not trust each other and neither side seriously attempted to implement the peace accord 46 50 The 25 barons selected for the new council were all rebels chosen by the more extremist barons and many among the rebels found excuses to keep their forces mobilised 51 52 53 Disputes began to emerge between the royalist faction and those rebels who had expected the charter to return lands that had been confiscated 54 Clause 61 of Magna Carta contained a commitment from John that he would seek to obtain nothing from anyone in our own person or through someone else whereby any of these grants or liberties may be revoked or diminished 55 56 Despite this the King appealed to Pope Innocent for help in July arguing that the charter compromised the Pope s rights as John s feudal lord 54 57 As part of the June peace deal the barons were supposed to surrender London by 15 August but this they refused to do 58 Meanwhile instructions from the Pope arrived in August written before the peace accord with the result that papal commissioners excommunicated the rebel barons and suspended Langton from office in early September 59 Once aware of the charter the Pope responded in detail in a letter dated 24 August and arriving in late September he declared the charter to be not only shameful and demeaning but also illegal and unjust since John had been forced to accept it and accordingly the charter was null and void of all validity for ever under threat of excommunication the King was not to observe the charter nor the barons try to enforce it 54 58 60 61 By then violence had broken out between the two sides Less than three months after it had been agreed John and the loyalist barons firmly repudiated the failed charter the First Barons War erupted 54 62 63 The rebel barons concluded that peace with John was impossible and turned to Philip II s son the future Louis VIII for help offering him the English throne 54 64 e The war soon settled into a stalemate The King became ill and died on the night of 18 October 1216 leaving the nine year old Henry III as his heir 65 Charters of the Welsh Princes Magna Carta was the first document in which reference is made to English and Welsh law alongside one another including the principle of the common acceptance of the lawful judgement of peers Chapter 56 The return of lands and liberties to Welshmen if those lands and liberties had been taken by English and vice versa without a law abiding judgement of their peers Chapter 57 The return of Gruffudd ap Llywelyn ap Iorwerth illegitimate son of Llywelyn ap Iorwerth Llywelyn the Great along with other Welsh hostages which were originally taken for peace and good 66 67 Lists of participants in 1215 Counsellors named in Magna Carta The preamble to Magna Carta includes the names of the following 27 ecclesiastical and secular magnates who had counselled John to accept its terms The names include some of the moderate reformers notably Archbishop Stephen Langton and some of John s loyal supporters such as William Marshal Earl of Pembroke They are listed here in the order in which they appear in the charter itself 68 Stephen Langton Archbishop of Canterbury and Cardinal Henry de Loundres Archbishop of Dublin William of Sainte Mere Eglise Bishop of London Peter des Roches Bishop of Winchester Jocelin of Wells Bishop of Bath and Glastonbury Hugh of Wells Bishop of Lincoln Walter de Gray Bishop of Worcester William de Cornhill Bishop of Coventry Benedict of Sausetun Bishop of Rochester Pandulf Verraccio subdeacon and papal legate to England Aimery de Sainte Maure Master of the Knights Templar in England William Marshal Earl of Pembroke William Longespee Earl of Salisbury William de Warenne Earl of Surrey William d Aubigny Earl of Arundel Alan of Galloway Constable of Scotland Warin FitzGerold Peter FitzHerbert Hubert de Burgh Seneschal of Poitou Hugh de Neville Matthew FitzHerbert Thomas Basset Alan Basset Philip d Aubigny Robert of Ropsley John Marshal John FitzHugh The Council of Twenty Five Barons The names of the Twenty Five Barons appointed under clause 61 to monitor John s future conduct are not given in the charter itself but do appear in four early sources all seemingly based on a contemporary listing a late 13th century collection of law tracts and statutes a Reading Abbey manuscript now in Lambeth Palace Library and the Chronica Majora and Liber Additamentorum of Matthew Paris 69 70 71 The process of appointment is not known but the names were drawn almost exclusively from among John s more active opponents 72 They are listed here in the order in which they appear in the original sources Richard de Clare Earl of Hertford William de Forz Earl of Albemarle Geoffrey de Mandeville Earl of Essex and Gloucester Saer de Quincy Earl of Winchester Henry de Bohun Earl of Hereford Roger Bigod Earl of Norfolk and Suffolk Robert de Vere Earl of Oxford William Marshal junior Robert Fitzwalter baron of Little Dunmow Gilbert de Clare heir to the earldom of Hertford Eustace de Vesci Lord of Alnwick Castle Hugh Bigod heir to the Earldoms of Norfolk and Suffolk William de Mowbray Lord of Axholme Castle William Hardell Mayor of the City of London William de Lanvallei Lord of Walkern Robert de Ros Baron of Helmsley John de Lacy Constable of Chester and Lord of Pontefract Castle Richard de Percy John FitzRobert de Clavering Lord of Warkworth Castle William Malet Geoffrey de Saye Roger de Montbegon Lord of Hornby Castle Lancashire f William of Huntingfield Sheriff of Norfolk and Suffolk Richard de Montfichet William d Aubigny Lord of Belvoir Excommunicated rebels In September 1215 the papal commissioners in England Subdeacon Pandulf Peter des Roches Bishop of Winchester and Simon Abbot of Reading excommunicated the rebels acting on instructions earlier received from Rome A letter sent by the commissioners from Dover on 5 September to Archbishop Langton explicitly names nine senior rebel barons all members of the Council of Twenty Five and six clerics numbered among the rebel ranks 73 Barons Robert Fitzwalter Saer de Quincy Earl of Winchester Richard de Clare Earl of Hertford Geoffrey de Mandeville Earl of Essex and Gloucester Eustace de Vesci Richard de Percy John de Lacy Constable of Chester William d Aubigny William de Mowbray Clerics Giles de Braose Bishop of Hereford William Archdeacon of Hereford Alexander the clerk possibly Alexander of St Albans Osbert de Samara John de Fereby Robert chaplain to Robert Fitzwalter Great Charter of 1216 Although the Charter of 1215 was a failure as a peace treaty it was resurrected under the new government of the young Henry III as a way of drawing support away from the rebel faction On his deathbed King John appointed a council of thirteen executors to help Henry reclaim the kingdom and requested that his son be placed into the guardianship of William Marshal one of the most famous knights in England 74 William knighted the boy and Cardinal Guala Bicchieri the papal legate to England then oversaw his coronation at Gloucester Cathedral on 28 October 75 76 77 The young King inherited a difficult situation with over half of England occupied by the rebels 78 79 He had substantial support though from Guala who intended to win the civil war for Henry and punish the rebels 80 Guala set about strengthening the ties between England and the Papacy starting with the coronation itself during which Henry gave homage to the Papacy recognising the Pope as his feudal lord 75 81 Pope Honorius III declared that Henry was the Pope s vassal and ward and that the legate had complete authority to protect Henry and his kingdom 75 As an additional measure Henry took the cross declaring himself a crusader and thereby entitled to special protection from Rome 75 The war was not going well for the loyalists but Prince Louis and the rebel barons were also finding it difficult to make further progress 82 83 John s death had defused some of the rebel concerns and the royal castles were still holding out in the occupied parts of the country 83 84 Henry s government encouraged the rebel barons to come back to his cause in exchange for the return of their lands and reissued a version of the 1215 Charter albeit having first removed some of the clauses including those unfavourable to the Papacy and clause 61 which had set up the council of barons 85 86 The move was not successful and opposition to Henry s new government hardened 87 Great Charter of 1217 See also First Barons War Charter of the Forest and English land law nbsp The Charter of the Forest re issued in 1225 held by the British LibraryIn February 1217 Louis set sail for France to gather reinforcements 88 In his absence arguments broke out between Louis French and English followers and Cardinal Guala declared that Henry s war against the rebels was the equivalent of a religious crusade 89 This declaration resulted in a series of defections from the rebel movement and the tide of the conflict swung in Henry s favour 90 Louis returned at the end of April but his northern forces were defeated by William Marshal at the Battle of Lincoln in May 91 92 Meanwhile support for Louis campaign was diminishing in France and he concluded that the war in England was lost 93 He negotiated terms with Cardinal Guala under which Louis would renounce his claim to the English throne In return his followers would be given back their lands any sentences of excommunication would be lifted and Henry s government would promise to enforce the charter of the previous year 94 The proposed agreement soon began to unravel amid claims from some loyalists that it was too generous towards the rebels particularly the clergy who had joined the rebellion 95 In the absence of a settlement Louis stayed in London with his remaining forces hoping for the arrival of reinforcements from France 95 When the expected fleet arrived in August it was intercepted and defeated by loyalists at the Battle of Sandwich 96 Louis entered into fresh peace negotiations The factions came to agreement on the final Treaty of Lambeth also known as the Treaty of Kingston on 12 and 13 September 1217 96 The treaty was similar to the first peace offer but excluded the rebel clergy whose lands and appointments remained forfeit It included a promise that Louis followers would be allowed to enjoy their traditional liberties and customs referring back to the Charter of 1216 97 Louis left England as agreed He joined the Albigensian Crusade in the south of France bringing the war to an end 93 A great council was called in October and November to take stock of the post war situation This council is thought to have formulated and issued the Charter of 1217 98 The charter resembled that of 1216 although some additional clauses were added to protect the rights of the barons over their feudal subjects and the restrictions on the Crown s ability to levy taxation were watered down 99 There remained a range of disagreements about the management of the royal forests which involved a special legal system that had resulted in a source of considerable royal revenue Complaints existed over both the implementation of these courts and the geographic boundaries of the royal forests 100 A complementary charter the Charter of the Forest was created pardoning existing forest offences imposing new controls over the forest courts and establishing a review of the forest boundaries 100 To distinguish the two charters the term magna carta libertatum the great charter of liberties was used by the scribes to refer to the larger document which in time became known simply as Magna Carta 101 102 Great Charter of 1225 nbsp 1225 version of Magna Carta issued by Henry III held in the National ArchivesMagna Carta became increasingly embedded into English political life during Henry III s minority 103 As the King grew older his government slowly began to recover from the civil war regaining control of the counties and beginning to raise revenue once again taking care not to overstep the terms of the charters 104 Henry remained a minor and his government s legal ability to make permanently binding decisions on his behalf was limited In 1223 the tensions over the status of the charters became clear in the royal court when Henry s government attempted to reassert its rights over its properties and revenues in the counties facing resistance from many communities that argued if sometimes incorrectly that the charters protected the new arrangements 105 106 This resistance resulted in an argument between Archbishop Langton and William Brewer over whether the King had any duty to fulfil the terms of the charters given that he had been forced to agree to them 107 On this occasion Henry gave oral assurances that he considered himself bound by the charters enabling a royal inquiry into the situation in the counties to progress 108 In 1225 the question of Henry s commitment to the charters re emerged when Louis VIII of France invaded Henry s remaining provinces in France Poitou and Gascony 109 110 Henry s army in Poitou was under resourced and the province quickly fell 111 It became clear that Gascony would also fall unless reinforcements were sent from England 112 In early 1225 a great council approved a tax of 40 000 to dispatch an army which quickly retook Gascony 113 114 In exchange for agreeing to support Henry the barons demanded that the King reissue Magna Carta and the Charter of the Forest 115 116 The content was almost identical to the 1217 versions but in the new versions the King declared that the charters were issued of his own spontaneous and free will and confirmed them with the royal seal giving the new Great Charter and the Charter of the Forest of 1225 much more authority than the previous versions 116 117 The barons anticipated that the King would act in accordance with these charters subject to the law and moderated by the advice of the nobility 118 119 Uncertainty continued and in 1227 when he was declared of age and able to rule independently Henry announced that future charters had to be issued under his own seal 120 121 This brought into question the validity of the previous charters issued during his minority and Henry actively threatened to overturn the Charter of the Forest unless the taxes promised in return for it were actually paid 120 121 In 1253 Henry confirmed the charters once again in exchange for taxation 122 Henry placed a symbolic emphasis on rebuilding royal authority but his rule was relatively circumscribed by Magna Carta 77 123 He generally acted within the terms of the charters which prevented the Crown from taking extrajudicial action against the barons including the fines and expropriations that had been common under his father John 77 123 The charters did not address the sensitive issues of the appointment of royal advisers and the distribution of patronage and they lacked any means of enforcement if the King chose to ignore them 124 The inconsistency with which he applied the charters over the course of his rule alienated many barons even those within his own faction 77 Despite the various charters the provision of royal justice was inconsistent and driven by the needs of immediate politics sometimes action would be taken to address a legitimate baronial complaint while on other occasions the problem would simply be ignored 125 The royal courts which toured the country to provide justice at the local level typically for lesser barons and the gentry claiming grievances against major lords had little power allowing the major barons to dominate the local justice system 126 Henry s rule became lax and careless resulting in a reduction in royal authority in the provinces and ultimately the collapse of his authority at court 77 126 In 1258 a group of barons seized power from Henry in a coup d etat citing the need to strictly enforce Magna Carta and the Charter of the Forest creating a new baronial led government to advance reform through the Provisions of Oxford 127 The barons were not militarily powerful enough to win a decisive victory and instead appealed to Louis IX of France in 1263 1264 to arbitrate on their proposed reforms The reformist barons argued their case based on Magna Carta suggesting that it was inviolable under English law and that the King had broken its terms 128 Louis came down firmly in favour of Henry but the French arbitration failed to achieve peace as the rebellious barons refused to accept the verdict England slipped back into the Second Barons War which was won by Henry s son the Lord Edward Edward also invoked Magna Carta in advancing his cause arguing that the reformers had taken matters too far and were themselves acting against Magna Carta 129 In a conciliatory gesture after the barons had been defeated in 1267 Henry issued the Statute of Marlborough which included a fresh commitment to observe the terms of Magna Carta 130 Witnesses in 1225 Witnesses to the 1225 charterThe following 65 individuals were witnesses to the 1225 issue of Magna Carta named in the order in which they appear in the charter itself 131 Stephen Langton Archbishop of Canterbury and Cardinal Eustace of Fauconberg Bishop of London Jocelin of Wells Bishop of Bath Peter des Roches Bishop of Winchester Hugh of Wells Bishop of Lincoln Richard Poore Bishop of Salisbury Benedict of Sausetun Bishop of Rochester William de Blois Bishop of Worcester John of Fountains Bishop of Ely Hugh Foliot Bishop of Hereford Ralph Neville Bishop of Chichester William Briwere Bishop of Exeter William of Trumpington Abbot of St Albans Hugh of Northwold Abbot of Bury St Edmunds Richard Abbot of Battle the Abbot of St Augustine s Canterbury Randulf of Evesham Abbot of Evesham Richard of Barking Abbot of Westminster Alexander of Holderness Abbot of Peterborough Simon Abbot of Reading Robert of Hendred Abbot of Abingdon John Walsh Abbot of Malmesbury the Abbot of Winchcombe the Abbot of Hyde the Abbot of Chertsey the Abbot of Sherborne the Abbot of Cerne the Abbot of Abbotsbury the Abbot of Milton the Abbot of Selby the Abbot of Whitby the Abbot of Cirencester Hubert de Burgh Justiciar of England and Ireland Ranulf Earl of Chester and Lincoln William Longespee Earl of Salisbury William de Warenne Earl of Surrey Gilbert de Clare Earl of Gloucester and Hertford William de Ferrers Earl of Derby William de Mandeville Earl of Essex Hugh Bigod Earl of Norfolk William de Forz Earl of Albemarle Humphrey de Bohun Earl of Hereford John de Lacy Constable of Chester Robert de Ros Robert Fitzwalter Robert de Vieuxpont William Brewer Richard de Montfichet Peter FitzHerbert Matthew FitzHerbert William d Aubigny Robert Gresley Reginald de Braose John of Monmouth John FitzAlan Hugh de Mortimer William de Beauchamp William de St John Peter de Maulay Brian de Lisle Thomas of Moulton Richard de Argentan Geoffrey de Neville William de Maudit John de Baalun Great Charter of 1297 statute nbsp 1297 version of the Great Charter on display in the National Archives Building in Washington D C King Edward I reissued the Charters of 1225 in 1297 in return for a new tax 132 It is this version which remains in statute today although with most articles now repealed 133 134 The Confirmatio Cartarum Confirmation of Charters was issued in Norman French by Edward I in 1297 135 Edward needing money had taxed the nobility and they had armed themselves against him forcing Edward to issue his confirmation of Magna Carta and the Forest Charter to avoid civil war 136 The nobles had sought to add another document the De Tallagio to Magna Carta Edward I s government was not prepared to concede this they agreed to the issuing of the Confirmatio confirming the previous charters and confirming the principle that taxation should be by consent 132 although the precise manner of that consent was not laid down 137 A passage mandates that copies shall be distributed in cathedral churches throughout our realm there to remain and shall be read before the people two times by the year 138 hence the permanent installation of a copy in Salisbury Cathedral 139 In the Confirmation s second article it is confirmed that if any judgement be given from henceforth contrary to the points of the charters aforesaid by the justices or by any other our ministers that hold plea before them against the points of the charters it shall be undone and holden for nought 140 141 With the reconfirmation of the charters in 1300 an additional document was granted the Articuli super Cartas The Articles upon the Charters 142 It was composed of 17 articles and sought in part to deal with the problem of enforcing the charters Magna Carta and the Forest Charter were to be issued to the sheriff of each county and should be read four times a year at the meetings of the county courts Each county should have a committee of three men who could hear complaints about violations of the Charters 143 Pope Clement V continued the papal policy of supporting monarchs who ruled by divine grace against any claims in Magna Carta which challenged the King s rights and annulled the Confirmatio Cartarum in 1305 Edward I interpreted Clement V s papal bull annulling the Confirmatio Cartarum as effectively applying to the Articuli super Cartas although the latter was not specifically mentioned 144 In 1306 Edward I took the opportunity given by the Pope s backing to reassert forest law over large areas which had been disafforested Both Edward and the Pope were accused by some contemporary chroniclers of perjury and it was suggested by Robert McNair Scott that Robert the Bruce refused to make peace with Edward I s son Edward II in 1312 with the justification How shall the king of England keep faith with me since he does not observe the sworn promises made to his liege men 145 146 Magna Carta s influence on English medieval law The Great Charter was referred to in legal cases throughout the medieval period For example in 1226 the knights of Lincolnshire argued that their local sheriff was changing customary practice regarding the local courts contrary to their liberty which they ought to have by the charter of the lord king 147 In practice cases were not brought against the King for breach of Magna Carta and the Forest Charter but it was possible to bring a case against the King s officers such as his sheriffs using the argument that the King s officers were acting contrary to liberties granted by the King in the charters 148 In addition medieval cases referred to the clauses in Magna Carta which dealt with specific issues such as wardship and dower debt collection and keeping rivers free for navigation 149 Even in the 13th century some clauses of Magna Carta rarely appeared in legal cases either because the issues concerned were no longer relevant or because Magna Carta had been superseded by more relevant legislation By 1350 half the clauses of Magna Carta were no longer actively used 150 14th 15th centuries nbsp Magna carta cum statutis angliae Great Charter with English Statutes early 14th centuryDuring the reign of King Edward III six measures later known as the Six Statutes were passed between 1331 and 1369 They sought to clarify certain parts of the Charters In particular the third statute in 1354 redefined clause 29 with free man becoming no man of whatever estate or condition he may be and introduced the phrase due process of law for lawful judgement of his peers or the law of the land 151 Between the 13th and 15th centuries Magna Carta was reconfirmed 32 times according to Sir Edward Coke and possibly as many as 45 times 152 153 Often the first item of parliamentary business was a public reading and reaffirmation of the Charter and as in the previous century parliaments often exacted confirmation of it from the monarch 153 The Charter was confirmed in 1423 by King Henry VI 154 155 156 By the mid 15th century Magna Carta ceased to occupy a central role in English political life as monarchs reasserted authority and powers which had been challenged in the 100 years after Edward I s reign 157 The Great Charter remained a text for lawyers particularly as a protector of property rights and became more widely read than ever as printed versions circulated and levels of literacy increased 158 16th century nbsp A version of the Charter of 1217 produced between 1437 and c 1450During the 16th century the interpretation of Magna Carta and the First Barons War shifted 159 Henry VII took power at the end of the turbulent Wars of the Roses followed by Henry VIII and extensive propaganda under both rulers promoted the legitimacy of the regime the illegitimacy of any sort of rebellion against royal power and the priority of supporting the Crown in its arguments with the Papacy 160 Tudor historians rediscovered the Barnwell chronicler who was more favourable to King John than other 13th century texts and as historian Ralph Turner describes they viewed King John in a positive light as a hero struggling against the papacy showing little sympathy for the Great Charter or the rebel barons 161 Pro Catholic demonstrations during the 1536 uprising cited Magna Carta accusing the King of not giving it sufficient respect 162 The first mechanically printed edition of Magna Carta was probably the Magna Carta cum aliis Antiquis Statutis of 1508 by Richard Pynson although the early printed versions of the 16th century incorrectly attributed the origins of Magna Carta to Henry III and 1225 rather than to John and 1215 and accordingly worked from the later text 163 164 165 An abridged English language edition was published by John Rastell in 1527 Thomas Berthelet Pynson s successor as the royal printer during 1530 1547 printed an edition of the text along with other ancient statutes in 1531 and 1540 166 In 1534 George Ferrers published the first unabridged English language edition of Magna Carta dividing the Charter into 37 numbered clauses 167 nbsp Magna Carta held by Sir Rowland Hill in his monument in Shropshire his 16th Century funerary monument in London also showed him holding the documentThe mid sixteenth century funerary monument Sir Rowland Hill of Soulton placed in St Stephens Wallbroke included a full statue 168 of the Tudor statesman and judge holding a copy of Magna Carta 169 Hill was a Mercer and a Lord Mayor of London both of these statuses were shared with Serlo the Mercer who was a negotiator and enforcer of Magna Carta 170 The original monument was lost in the Great Fire of London but it was restated on a 110 foot tall column on his family s estates in Shropshire 171 At the end of the 16th century there was an upsurge in antiquarian interest in Magna Carta in England 162 Legal historians concluded that there was a set of ancient English customs and laws which had been temporarily overthrown by the Norman invasion of 1066 and been recovered in 1215 and recorded in Magna Carta which in turn gave authority to important 16th century legal principles 162 172 173 Modern historians regard this narrative as fundamentally incorrect and many refer to it as a myth 173 g The antiquarian William Lambarde published what he believed were the Anglo Saxon and Norman law codes tracing the origins of the 16th century English Parliament back to this period but he misinterpreted the dates of many documents concerned 172 Francis Bacon argued that clause 39 of Magna Carta was the basis of the 16th century jury system and judicial processes 178 Antiquarians Robert Beale James Morice and Richard Cosin argued that Magna Carta was a statement of liberty and a fundamental supreme law empowering English government 179 Those who questioned these conclusions including the Member of Parliament Arthur Hall faced sanctions 180 181 17th 18th centuries Political tensions nbsp The jurist Edward Coke made extensive political use of Magna Carta In the early 17th century Magna Carta became increasingly important as a political document in arguments over the authority of the English monarchy 182 James I and Charles I both propounded greater authority for the Crown justified by the doctrine of the divine right of kings and Magna Carta was cited extensively by their opponents to challenge the monarchy 175 Magna Carta it was argued recognised and protected the liberty of individual Englishmen made the King subject to the common law of the land formed the origin of the trial by jury system and acknowledged the ancient origins of Parliament because of Magna Carta and this ancient constitution an English monarch was unable to alter these long standing English customs 175 182 183 184 Although the arguments based on Magna Carta were historically inaccurate they nonetheless carried symbolic power as the charter had immense significance during this period antiquarians such as Sir Henry Spelman described it as the most majestic and a sacrosanct anchor to English Liberties 173 175 182 Sir Edward Coke was a leader in using Magna Carta as a political tool during this period Still working from the 1225 version of the text the first printed copy of the 1215 charter only emerged in 1610 Coke spoke and wrote about Magna Carta repeatedly 173 His work was challenged at the time by Lord Ellesmere and modern historians such as Ralph Turner and Claire Breay have critiqued Coke as misconstruing the original charter anachronistically and uncritically and taking a very selective approach to his analysis 175 185 More sympathetically J C Holt noted that the history of the charters had already become distorted by the time Coke was carrying out his work 186 nbsp The Leveller John Lilburne criticised Magna Carta as an inadequate definition of English liberties In 1621 a bill was presented to Parliament to renew Magna Carta although this bill failed lawyer John Selden argued during Darnell s Case in 1627 that the right of habeas corpus was backed by Magna Carta 187 188 Coke supported the Petition of Right in 1628 which cited Magna Carta in its preamble attempting to extend the provisions and to make them binding on the judiciary 189 190 The monarchy responded by arguing that the historical legal situation was much less clear cut than was being claimed restricted the activities of antiquarians arrested Coke for treason and suppressed his proposed book on Magna Carta 188 191 Charles initially did not agree to the Petition of Right and refused to confirm Magna Carta in any way that would reduce his independence as King 192 193 England descended into civil war in the 1640s resulting in Charles I s execution in 1649 Under the republic that followed some questioned whether Magna Carta an agreement with a monarch was still relevant 194 An anti Cromwellian pamphlet published in 1660 The English devil said that the nation had been compelled to submit to this Tyrant Nol or be cut off by him nothing but a word and a blow his Will was his Law tell him of Magna Carta he would lay his hand on his sword and cry Magna Farta 195 In a 2005 speech the Lord Chief Justice of England and Wales Lord Woolf repeated the claim that Cromwell had referred to Magna Carta as Magna Farta 196 The radical groups that flourished during this period held differing opinions of Magna Carta The Levellers rejected history and law as presented by their contemporaries holding instead to an anti Normanism viewpoint 197 John Lilburne for example argued that Magna Carta contained only some of the freedoms that had supposedly existed under the Anglo Saxons before being crushed by the Norman yoke 198 The Leveller Richard Overton described the charter as a beggarly thing containing many marks of intolerable bondage 199 Both saw Magna Carta as a useful declaration of liberties that could be used against governments they disagreed with 200 Gerrard Winstanley the leader of the more extreme Diggers stated the best lawes that England hath viz Magna Carta were got by our Forefathers importunate petitioning unto the kings that still were their Task masters and yet these best laws are yoaks and manicles tying one sort of people to be slaves to another Clergy and Gentry have got their freedom but the common people still are and have been left servants to work for them 201 202 Glorious Revolution The first attempt at a proper historiography was undertaken by Robert Brady 203 who refuted the supposed antiquity of Parliament and belief in the immutable continuity of the law Brady realised that the liberties of the Charter were limited and argued that the liberties were the grant of the King By putting Magna Carta in historical context he cast doubt on its contemporary political relevance 204 his historical understanding did not survive the Glorious Revolution which according to the historian J G A Pocock marked a setback for the course of English historiography 205 According to the Whig interpretation of history the Glorious Revolution was an example of the reclaiming of ancient liberties Reinforced with Lockean concepts the Whigs believed England s constitution to be a social contract based on documents such as Magna Carta the Petition of Right and the Bill of Rights 206 The English Liberties 1680 in later versions often British Liberties by the Whig propagandist Henry Care d 1688 was a cheap polemical book that was influential and much reprinted in the American colonies as well as Britain and made Magna Carta central to the history and the contemporary legitimacy of its subject 207 Ideas about the nature of law in general were beginning to change In 1716 the Septennial Act was passed which had a number of consequences First it showed that Parliament no longer considered its previous statutes unassailable as it provided for a maximum parliamentary term of seven years whereas the Triennial Act 1694 enacted less than a quarter of a century previously had provided for a maximum term of three years 208 It also greatly extended the powers of Parliament Under this new constitution monarchical absolutism was replaced by parliamentary supremacy It was quickly realised that Magna Carta stood in the same relation to the King in Parliament as it had to the King without Parliament This supremacy would be challenged by the likes of Granville Sharp Sharp regarded Magna Carta as a fundamental part of the constitution and maintained that it would be treason to repeal any part of it He also held that the Charter prohibited slavery 209 Sir William Blackstone published a critical edition of the 1215 Charter in 1759 and gave it the numbering system still used today 210 In 1763 Member of Parliament John Wilkes was arrested for writing an inflammatory pamphlet No 45 23 April 1763 he cited Magna Carta continually 211 Lord Camden denounced the treatment of Wilkes as a contravention of Magna Carta 212 Thomas Paine in his Rights of Man would disregard Magna Carta and the Bill of Rights on the grounds that they were not a written constitution devised by elected representatives 213 Use in the Thirteen Colonies and the United States nbsp Magna Carta replica and display in the rotunda of the United States Capitol Washington D C When English colonists left for the New World they brought royal charters that established the colonies The Massachusetts Bay Company charter for example stated that the colonists would have and enjoy all liberties and immunities of free and natural subjects 214 The Virginia Charter of 1606 which was largely drafted by Sir Edward Coke stated that the colonists would have the same liberties franchises and immunities as people born in England 215 The Massachusetts Body of Liberties contained similarities to clause 29 of Magna Carta when drafting it the Massachusetts General Court viewed Magna Carta as the chief embodiment of English common law 216 The other colonies would follow their example In 1638 Maryland sought to recognise Magna Carta as part of the law of the province but the request was denied by Charles I 217 In 1687 William Penn published The Excellent Privilege of Liberty and Property being the birth right of the Free Born Subjects of England which contained the first copy of Magna Carta printed on American soil Penn s comments reflected Coke s indicating a belief that Magna Carta was a fundamental law 218 The colonists drew on English law books leading them to an anachronistic interpretation of Magna Carta believing that it guaranteed trial by jury and habeas corpus 219 The development of parliamentary supremacy in the British Isles did not constitutionally affect the Thirteen Colonies which retained an adherence to English common law but it directly affected the relationship between Britain and the colonies 220 When American colonists fought against Britain they were fighting not so much for new freedom but to preserve liberties and rights that they believed to be enshrined in Magna Carta 221 In the late 18th century the United States Constitution became the supreme law of the land recalling the manner in which Magna Carta had come to be regarded as fundamental law 221 The Constitution s Fifth Amendment guarantees that no person shall be deprived of life liberty or property without due process of law a phrase that was derived from Magna Carta 222 In addition the Constitution included a similar writ in the Suspension Clause Article 1 Section 9 The privilege of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion the public safety may require it 223 Each of these proclaim that no person may be imprisoned or detained without evidence that he or she committed a crime The Ninth Amendment states that The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people The writers of the U S Constitution wished to ensure that the rights they already held such as those that they believed were provided by Magna Carta would be preserved unless explicitly curtailed 224 225 The U S Supreme Court has explicitly referenced Edward Coke s analysis of Magna Carta as an antecedent of the Sixth Amendment s right to a speedy trial 226 19th 21st centuries Interpretation nbsp A romanticised 19th century recreation of King John signing Magna Carta Rather than signing in writing the document would have been authenticated with the Great Seal and applied by officials rather than John himself 227 Initially the Whig interpretation of Magna Carta and its role in constitutional history remained dominant during the 19th century The historian William Stubbs s Constitutional History of England published in the 1870s formed the high water mark of this view 228 Stubbs argued that Magna Carta had been a major step in the shaping of the English nation and he believed that the barons at Runnymede in 1215 were not just representing the nobility but the people of England as a whole standing up to a tyrannical ruler in the form of King John 228 229 This view of Magna Carta began to recede The late Victorian jurist and historian Frederic William Maitland provided an alternative academic history in 1899 which began to return Magna Carta to its historical roots 230 In 1904 Edward Jenks published an article entitled The Myth of Magna Carta which undermined the previously accepted view of Magna Carta 231 Historians such as Albert Pollard agreed with Jenks in concluding that Edward Coke had largely invented the myth of Magna Carta in the 17th century these historians argued that the 1215 charter had not referred to liberty for the people at large but rather to the protection of baronial rights 232 This view also became popular in wider circles and in 1930 Sellar and Yeatman published their parody on English history 1066 and All That in which they mocked the supposed importance of Magna Carta and its promises of universal liberty Magna Charter was therefore the chief cause of Democracy in England and thus a Good Thing for everyone except the Common People 233 234 In many literary representations of the medieval past however Magna Carta remained a foundation of English national identity Some authors used the medieval roots of the document as an argument to preserve the social status quo while others pointed to Magna Carta to challenge perceived economic injustices 230 The Baronial Order of Magna Charta was formed in 1898 to promote the ancient principles and values felt to be displayed in Magna Carta 235 The legal profession in England and the United States continued to hold Magna Carta in high esteem they were instrumental in forming the Magna Carta Society in 1922 to protect the meadows at Runnymede from development in the 1920s and in 1957 the American Bar Association erected the Magna Carta Memorial at Runnymede 222 236 237 The prominent lawyer Lord Denning described Magna Carta in 1956 as the greatest constitutional document of all times the foundation of the freedom of the individual against the arbitrary authority of the despot 238 Repeal of articles and constitutional influence Radicals such as Sir Francis Burdett believed that Magna Carta could not be repealed 239 but in the 19th century clauses which were obsolete or had been superseded began to be repealed The repeal of clause 26 in 1829 by the Offences Against the Person Act 1828 9 Geo 4 c 31 s 1 h 240 was the first time a clause of Magna Carta was repealed Over the next 140 years nearly the whole of Magna Carta 1297 as statute was repealed 241 leaving just clauses 1 9 and 29 still in force in England and Wales after 1969 Most of the clauses were repealed in England and Wales by the Statute Law Revision Act 1863 and in modern Northern Ireland and also in the modern Republic of Ireland by the Statute Law Ireland Revision Act 1872 240 Many later attempts to draft constitutional forms of government trace their lineage back to Magna Carta The British dominions Australia and New Zealand 242 Canada 243 except Quebec and formerly the Union of South Africa and Southern Rhodesia reflected the influence of Magna Carta in their laws and the Charter s effects can be seen in the laws of other states that evolved from the British Empire 244 Modern legacy nbsp The Magna Carta Memorial at Runnymede designed by Sir Edward Maufe and erected by the American Bar Association in 1957 The memorial stands in the meadow known historically as Long Mede it is likely that the actual site of the sealing of Magna Carta lay further east towards Egham and Staines 35 Magna Carta continues to have a powerful iconic status in British society being cited by politicians and lawyers in support of constitutional positions 238 245 Its perceived guarantee of trial by jury and other civil liberties for example led to Tony Benn s reference to the debate in 2008 over whether to increase the maximum time terrorism suspects could be held without charge from 28 to 42 days as the day Magna Carta was repealed 246 Although rarely invoked in court in the modern era in 2012 the Occupy London protestors attempted to use Magna Carta in resisting their eviction from St Paul s Churchyard by the City of London In his judgment the Master of the Rolls gave this short shrift noting somewhat drily that although clause 29 was considered by many the foundation of the rule of law in England he did not consider it directly relevant to the case and that the two other surviving clauses ironically concerned the rights of the Church and the City of London and could not help the defendants 247 248 Magna Carta carries little legal weight in modern Britain as most of its clauses have been repealed and relevant rights ensured by other statutes but the historian James Holt remarks that the survival of the 1215 charter in national life is a reflexion of the continuous development of English law and administration and symbolic of the many struggles between authority and the law over the centuries 249 The historian W L Warren has observed that many who knew little and cared less about the content of the Charter have in nearly all ages invoked its name and with good cause for it meant more than it said 250 It also remains a topic of great interest to historians Natalie Fryde characterised the charter as one of the holiest of cows in English medieval history with the debates over its interpretation and meaning unlikely to end 229 In many ways still a sacred text Magna Carta is generally considered part of the uncodified constitution of the United Kingdom in a 2005 speech the Lord Chief Justice of England and Wales Lord Woolf described it as the first of a series of instruments that now are recognised as having a special constitutional status 196 251 Magna Carta was reprinted in New Zealand in 1881 as one of the Imperial Acts in force there 252 Clause 29 of the document remains in force as part of New Zealand law 253 The document also continues to be honoured in the United States as an antecedent of the United States Constitution and Bill of Rights 254 In 1976 the UK lent one of four surviving originals of the 1215 Magna Carta to the United States for their bicentennial celebrations and also donated an ornate display case for it The original was returned after one year but a replica and the case are still on display in the United States Capitol Crypt in Washington D C 255 Celebration of the 800th anniversary source source source source source The plan for four surviving original copies of Magna Carta to be brought together in 2015 at the British Library in collaboration with Lincoln Cathedral and Salisbury Cathedral and supported by the law firm LinklatersThe 800th anniversary of the original charter occurred on 15 June 2015 and organisations and institutions planned celebratory events 256 The British Library brought together the four existing copies of the 1215 manuscript in February 2015 for a special exhibition 257 British artist Cornelia Parker was commissioned to create a new artwork Magna Carta An Embroidery which was shown at the British Library between May and July 2015 258 The artwork is a copy of the Wikipedia article about Magna Carta as it appeared on the document s 799th anniversary 15 June 2014 hand embroidered by over 200 people 259 On 15 June 2015 a commemoration ceremony was conducted in Runnymede at the National Trust park attended by British and American dignitaries 260 On the same day Google celebrated the anniversary with a Google Doodle 261 The copy held by Lincoln Cathedral was exhibited in the Library of Congress in Washington D C from November 2014 until January 2015 262 A new visitor centre at Lincoln Castle was opened for the anniversary 263 The Royal Mint released two commemorative two pound coins 264 265 In 2014 Bury St Edmunds in Suffolk celebrated the 800th anniversary of the barons Charter of Liberties said to have been secretly agreed there in November 1214 266 ContentPhysical format Numerous copies known as exemplifications were made of the various charters and many of them still survive 267 The documents were written in heavily abbreviated medieval Latin in clear handwriting using quill pens on sheets of parchment made from sheep skin approximately 15 by 20 inches 380 by 510 mm across 268 269 They were sealed with the royal great seal by an official called the spigurnel equipped with a special seal press using beeswax and resin 269 270 There were no signatures on the charter of 1215 and the barons present did not attach their own seals to it 271 The text was not divided into paragraphs or numbered clauses the numbering system used today was introduced by the jurist Sir William Blackstone in 1759 210 Exemplifications 1215 exemplifications At least thirteen original copies of the charter of 1215 were issued by the royal chancery during that year seven in the first tranche distributed on 24 June and another six later they were sent to county sheriffs and bishops who were probably charged for the privilege 272 Slight variations exist between the surviving copies and there was probably no single master copy 273 Of these documents only four survive all held in England two now at the British Library one at Salisbury Cathedral and one the property of Lincoln Cathedral on permanent loan to Lincoln Castle 274 Each of these versions is slightly different in size and text and each is considered by historians to be equally authoritative 275 nbsp 1733 engraving by John Pine of the 1215 charter Cotton Charter XIII 31A The two 1215 charters held by the British Library known as Cotton MS Augustus II 106 and Cotton Charter XIII 31A were acquired by the antiquarian Sir Robert Cotton in the 17th century 276 The first had been found by Humphrey Wyems a London lawyer who may have discovered it in a tailor s shop and who gave it to Cotton in January 1629 277 The second was found in Dover Castle in 1630 by Sir Edward Dering The Dering charter was traditionally thought to be the copy sent in 1215 to the Cinque Ports 278 but in 2015 the historian David Carpenter argued that it was more probably that sent to Canterbury Cathedral as its text was identical to a transcription made from the Cathedral s copy of the 1215 charter in the 1290s 279 280 281 This copy was damaged in the Cotton library fire of 1731 when its seal was badly melted The parchment was somewhat shrivelled but otherwise relatively unscathed An engraved facsimile of the charter was made by John Pine in 1733 In the 1830s an ill judged and bungled attempt at cleaning and conservation rendered the manuscript largely illegible to the naked eye 282 283 This is the only surviving 1215 copy still to have its great seal attached 284 285 Lincoln Cathedral s copy has been held by the county since 1215 It was displayed in the Common Chamber in the cathedral before being moved to another building in 1846 274 286 Between 1939 and 1940 it was displayed in the British Pavilion at the 1939 World Fair in New York City and at the Library of Congress 287 When the Second World War broke out Winston Churchill wanted to give the charter to the American people hoping that this would encourage the United States then neutral to enter the war against the Axis powers but the cathedral was unwilling and the plans were dropped 288 289 After December 1941 the copy was stored in Fort Knox Kentucky for safety before being put on display again in 1944 and returned to Lincoln Cathedral in early 1946 287 288 290 291 It was put on display in 1976 in the cathedral s medieval library 286 It was displayed in San Francisco and was taken out of display for a time to undergo conservation in preparation for another visit to the United States where it was exhibited in 2007 at the Contemporary Art Center of Virginia and the National Constitution Center in Philadelphia 286 292 293 In 2009 it returned to New York to be displayed at the Fraunces Tavern Museum 294 It is currently on permanent loan to the David P J Ross Vault at Lincoln Castle along with an original copy of the 1217 Charter of the Forest 295 296 The fourth copy held by Salisbury Cathedral was first given in 1215 to its predecessor Old Sarum Cathedral 297 Rediscovered by the cathedral in 1812 it has remained in Salisbury throughout its history except when being taken off site for restoration work 298 299 It is possibly the best preserved of the four although small pin holes can be seen in the parchment from where it was once pinned up 299 300 301 The handwriting on this version is different from that of the other three suggesting that it was not written by a royal scribe but rather by a member of the cathedral staff who then had it exemplified by the royal court 267 298 Later exemplifications nbsp 1225 charter held in the British Library with the royal great seal attachedOther early versions of the charters survive today Only one exemplification of the 1216 charter survives held in Durham Cathedral 302 Four copies of the 1217 charter exist three of these are held by the Bodleian Library in Oxford and one by Hereford Cathedral 302 303 Hereford s copy is occasionally displayed alongside the Mappa Mundi in the cathedral s chained library and has survived along with a small document called the Articuli super Cartas that was sent along with the charter telling the sheriff of the county how to observe the conditions outlined in the document 304 One of the Bodleian s copies was displayed at San Francisco s California Palace of the Legion of Honor in 2011 305 Four exemplifications of the 1225 charter survive the British Library holds one which was preserved at Lacock Abbey until 1945 Durham Cathedral also holds a copy with the Bodleian Library holding a third 303 306 307 The fourth copy of the 1225 exemplification was held by the museum of the Public Record Office and is now held by The National Archives 308 309 The Society of Antiquaries also holds a draft of the 1215 charter discovered in 2013 in a late 13th century register from Peterborough Abbey a copy of the 1225 third re issue within an early 14th century collection of statutes and a roll copy of the 1225 reissue 310 nbsp A 1297 copy of Magna Carta owned by the Australian Government and on display in the Members Hall of Parliament House CanberraOnly two exemplifications of Magna Carta are held outside England both from 1297 One of these was purchased in 1952 by the Australian Government for 12 500 from King s School Bruton England 311 This copy is now on display in the Members Hall of Parliament House Canberra 312 The second was originally held by the Brudenell family earls of Cardigan before they sold it in 1984 to the Perot Foundation in the United States which in 2007 sold it to U S businessman David Rubenstein for US 21 3 million 313 314 315 Rubenstein commented I have always believed that this was an important document to our country even though it wasn t drafted in our country I think it was the basis for the Declaration of Independence and the basis for the Constitution This exemplification is now on permanent loan to the National Archives in Washington D C 316 317 Only two other 1297 exemplifications survive 318 one of which is held in the UK s National Archives 319 the other in the Guildhall London 318 Seven copies of the 1300 exemplification by Edward I survive 318 320 in Faversham 321 Oriel College Oxford the Bodleian Library Durham Cathedral Westminster Abbey the City of London held in the archives at the London Guildhall 322 and Sandwich held in the Sandwich Guildhall Museum 323 The Sandwich copy was rediscovered in early 2015 in a Victorian scrapbook in the town archives of Sandwich Kent one of the Cinque Ports 320 In the case of the Sandwich and Oriel College exemplifications the copies of the Charter of the Forest originally issued with them also survive 324 Clauses nbsp A silver King John penny Much of Magna Carta concerned how royal revenues were raised Most of the 1215 charter and later versions sought to govern the feudal rights of the Crown over the barons 325 Under the Angevin kings and in particular during John s reign the rights of the King had frequently been used inconsistently often in an attempt to maximise the royal income from the barons Feudal relief was one way that a king could demand money and clauses 2 and 3 fixed the fees payable when an heir inherited an estate or when a minor came of age and took possession of his lands 325 Scutage was a form of medieval taxation All knights and nobles owed military service to the Crown in return for their lands which theoretically belonged to the King Many preferred to avoid this service and offer money instead The Crown often used the cash to pay for mercenaries 326 The rate of scutage that should be payable and the circumstances under which it was appropriate for the King to demand it was uncertain and controversial Clauses 12 and 14 addressed the management of the process 325 The English judicial system had altered considerably over the previous century with the royal judges playing a larger role in delivering justice across the country John had used his royal discretion to extort large sums of money from the barons effectively taking payment to offer justice in particular cases and the role of the Crown in delivering justice had become politically sensitive among the barons Clauses 39 and 40 demanded due process be applied in the royal justice system while clause 45 required that the King appoint knowledgeable royal officials to the relevant roles 327 Although these clauses did not have any special significance in the original charter this part of Magna Carta became singled out as particularly important in later centuries 327 In the United States for example the Supreme Court of California interpreted clause 45 in 1974 as establishing a requirement in common law that a defendant faced with the potential of incarceration be entitled to a trial overseen by a legally trained judge 328 nbsp King John holding a church painted c 1250 1259 by Matthew ParisRoyal forests were economically important in medieval England and were both protected and exploited by the Crown supplying the King with hunting grounds raw materials and money 329 330 They were subject to special royal jurisdiction and the resulting forest law was according to the historian Richard Huscroft harsh and arbitrary a matter purely for the King s will 329 The size of the forests had expanded under the Angevin kings an unpopular development 331 The 1215 charter had several clauses relating to the royal forests Clauses 47 and 48 promised to deforest the lands added to the forests under John and investigate the use of royal rights in this area but notably did not address the forestation of the previous kings while clause 53 promised some form of redress for those affected by the recent changes and clause 44 promised some relief from the operation of the forest courts 332 Neither Magna Carta nor the subsequent Charter of the Forest proved entirely satisfactory as a way of managing the political tensions arising in the operation of the royal forests 332 Some of the clauses addressed wider economic issues The concerns of the barons over the treatment of their debts to Jewish moneylenders who occupied a special position in medieval England and were by tradition under the King s protection were addressed by clauses 10 and 11 333 The charter concluded this section with the phrase debts owing to other than Jews shall be dealt with likewise so it is debatable to what extent the Jews were being singled out by these clauses 334 Some issues were relatively specific such as clause 33 which ordered the removal of all fishing weirs an important and growing source of revenue at the time from England s rivers 332 The role of the English Church had been a matter for great debate in the years prior to the 1215 charter The Norman and Angevin kings had traditionally exercised a great deal of power over the church within their territories From the 1040s onwards successive popes had emphasised the importance of the church being governed more effectively from Rome and had established an independent judicial system and hierarchical chain of authority 335 After the 1140s these principles had been largely accepted within the English church even if accompanied by an element of concern about centralising authority in Rome 336 337 These changes brought the customary rights of lay rulers such as John over ecclesiastical appointments into question 336 As described above John had come to a compromise with Pope Innocent III in exchange for his political support for the King and clause 1 of Magna Carta prominently displayed this arrangement promising the freedoms and liberties of the church 325 The importance of this clause may also reflect the role of Archbishop Langton in the negotiations Langton had taken a strong line on this issue during his career 325 Clauses in detail Magna Carta clauses in the 1215 and later charters1215 clause 338 Description 338 56 Included in later charters 338 339 Notes1 Guaranteed the freedom of the English Church Y Still in UK England and Wales law as clause 1 in the 1297 statute 2 Regulated the operation of feudal relief upon the death of a baron Y Repealed by Statute Law Revision Act 1863 and Statute Law Ireland Revision Act 1872 340 3 Regulated the operation of feudal relief and minors coming of age Y Repealed by Statute Law Revision Act 1863 and Statute Law Ireland Revision Act 1872 340 4 Regulated the process of wardship and the role of the guardian Y Repealed by Statute Law Revision Act 1863 and Statute Law Ireland Revision Act 1872 340 5 Forbade the exploitation of a ward s property by his guardian Y Repealed by Statute Law Revision Act 1863 and Statute Law Ireland Revision Act 1872 340 6 Forbade guardians from marrying a ward to a partner of lower social standing Y Repealed by Statute Law Revision Act 1863 and Statute Law Ireland Revision Act 1872 340 7 Referred to the rights of a widow to receive promptly her dowry and inheritance Y Repealed by Statute Law Revision Act 1863 and Statute Law Ireland Revision Act 1872 340 8 Forbade the forcible remarrying of widows and confirmed the royal veto over baronial marriages Y Repealed by Administration of Estates Act 1925 Administration of Estates Act Northern Ireland 1955 and Statute Law Repeals Act 1969 340 9 Established protection for debtors confirming that a debtor should not have his lands seized as long as he had other means to pay the debt Y Repealed by Statute Law Repeals Act 1969 340 10 Regulated Jewish money lending stating that children would not pay interest on a debt they had inherited while they were under age N11 Further addressed Jewish money lending stating that a widow and children should be provided for before paying an inherited debt N12 Determined that scutage or aid forms of medieval taxation could be levied and assessed only by the common consent of the realm N Some exceptions to this general rule were given such as for the payment of ransoms 13 Confirmed the liberties and customs of the City of London and other boroughs Y Still in UK England and Wales law as clause 9 in the 1297 statute 14 Described how senior churchmen and barons would be summoned to give consent for scutage and aid N15 Prohibited anyone from levying aid on their free men N Some exceptions to this general rule were given such as for the payment of ransoms 16 Placed limits on the level of service required for a knight s fee Y Repealed by Statute Law Revision Act 1948 340 17 Established a fixed law court rather than one which followed the movements of the King Y Repealed by Civil Procedure Acts Repeal Act 1879 340 18 Defined the authority and frequency of county courts Y Repealed by Civil Procedure Acts Repeal Act 1879 340 19 Determined how excess business of a county court should be dealt with Y20 Stated that an amercement a type of medieval fine should be proportionate to the offence but even for a serious offence the fine should not be so heavy as to deprive a man of his livelihood Fines should be imposed only through local assessment Y Repealed by Statute Law Revision Act 1863 and Statute Law Ireland Revision Act 1872 340 21 Determined that earls and barons should be fined only by other earls and barons Y Repealed by Statute Law Revision Act 1863 and Statute Law Ireland Revision Act 1872 340 22 Determined that the size of a fine on a member of the clergy should be independent of the ecclesiastical wealth held by the individual churchman Y Repealed by Statute Law Revision Act 1863 and Statute Law Ireland Revision Act 1872 340 23 Limited the right of feudal lords to demand assistance in building bridges across rivers Y Repealed by Statute Law Repeals Act 1969 340 24 Prohibited royal officials such as sheriffs from trying a crime as an alternative to a royal judge Y Repealed by Statute Law Repeals Act 1969 340 25 Fixed the royal rents on lands with the exception of royal demesne manors N26 Established a process for dealing with the death of those owing debts to the Crown Y Repealed by Crown Proceedings Act 1947 340 27 Laid out the process for dealing with intestacy N28 Determined that a royal officer requisitioning goods must offer immediate payment to their owner Y Repealed by Statute Law Revision Act 1863 and Statute Law Ireland Revision Act 1872 340 29 Regulated the exercise of castle guard duty Y Repealed by Statute Law Revision Act 1863 and Statute Law Ireland Revision Act 1872 340 30 Prevented royal officials from requisitioning horses or carts without the owner s consent Y Repealed by Statute Law Revision Act 1863 and Statute Law Ireland Revision Act 1872 340 31 Prevented royal officials from requisitioning timber without the owner s consent Y Repealed by Statute Law Revision Act 1863 and Statute Law Ireland Revision Act 1872 340 32 Prevented the Crown from confiscating the lands of felons for longer than a year and a day after which they were to be returned to the relevant feudal lord Y Repealed by Statute Law Revision Act 1948 340 33 Ordered the removal of all fish weirs from rivers Y Repealed by Statute Law Repeals Act 1969 340 34 Forbade the issuing of writ precipes if doing so would undermine the right of trial in a local feudal court Y Repealed by Statute Law Revision Act 1863 and Statute Law Ireland Revision Act 1872 340 35 Ordered the establishment of standard measures for wine ale corn and cloth Y Repealed by Statute Law Revision Act 1948 340 36 Determined that writs for loss of life or limb were to be freely given without charge Y Repealed by Offences Against the Person Act 1828 and Offences Against the Person Ireland Act 1829 340 37 Regulated the inheritance of Crown lands held by fee farm Y Repealed by Statute Law Revision Act 1863 and Statute Law Ireland Revision Act 1872 340 38 Stated that no one should be put on trial based solely on the unsupported word of a royal official Y Repealed by Statute Law Revision Act 1863 and Statute Law Ireland Revision Act 1872 340 39 Stated that no free man could be imprisoned or stripped of his rights or possessions without due process being legally applied Y Still in UK England and Wales law as part of clause 29 in the 1297 statute 40 Forbade the selling of justice or its denial or delay 341 Y Still in UK England and Wales law as part of clause 29 in the 1297 statute 41 Guaranteed the safety and the right of entry and exit of foreign merchants Y Repealed by Statute Law Repeals Act 1969 340 42 Permitted men to leave England for short periods without prejudicing their allegiance to the King with the exceptions for outlaws and wartime N43 Established special provisions for taxes due on estates temporarily held by the Crown Y Repealed by Statute Law Revision Act 1863 and Statute Law Ireland Revision Act 1872 340 44 Limited the need for people to attend forest courts unless they were actually involved in the proceedings Y45 Stated that the King should appoint only justices constables sheriffs or bailiffs who knew and would enforce the law N46 Permitted barons to take guardianship of monasteries in the absence of an abbot Y Repealed by Statute Law Revision Act 1863 and Statute Law Ireland Revision Act 1872 340 47 Abolished those royal forests newly created under King John s reign Y48 Established an investigation of evil customs associated with royal forests with an intent to abolishing them N49 Ordered the return of hostages held by the King N50 Forbade any member of the d Athee family from serving as a royal officer N51 Ordered that all foreign knights and mercenaries leave England once peace was restored N52 Established a process for giving restitution to those who had been unlawfully dispossessed of their lands castles liberties or of his right 342 N53 Established a process for giving restitution to those who had been mistreated by forest law N54 Prevented men from being arrested or imprisoned on the testimony of a woman unless the case involved the death of her husband Y Repealed by Statute Law Revision Act 1863 and Statute Law Ireland Revision Act 1872 340 55 Established a process for remitting any unjust fines imposed by the King N Repealed by Statute Law Revision Act 1863 and Statute Law Ireland Revision Act 1872 340 56 Established a process for dealing with Welshmen who had been unlawfully dispossessed of their property or rights Y57 Established a process for returning the possessions of Welshmen who had been unlawfully dispossessed N58 Ordered the return of Welsh hostages including Prince Llywelyn s son N59 Established a process for the return of Scottish hostages including King Alexander s sisters N60 Encouraged others in England to deal with their own subjects as the King dealt with his Y61 Provided for the application and observation of the charter by twenty five of the barons N62 Pardoned those who had rebelled against the King N Sometimes considered a subclause Suffix A of clause 61 343 56 63 Stated that the charter was binding on King John and his heirs N Sometimes considered a subclause Suffix B of clause 61 343 56 Clauses remaining in English law Only three clauses of Magna Carta still remain on statute in England and Wales 245 These clauses concern 1 the freedom of the English Church 2 the ancient liberties of the City of London clause 13 in the 1215 charter clause 9 in the 1297 statute and 3 a right to due legal process clauses 39 and 40 in the 1215 charter clause 29 in the 1297 statute 245 In detail these clauses using the numbering system from the 1297 statute state that I FIRST We have granted to God and by this our present Charter have confirmed for Us and our Heirs for ever that the Church of England shall be free and shall have all her whole Rights and Liberties inviolable We have granted also and given to all the Freemen of our Realm for Us and our Heirs for ever these Liberties under written to have and to hold to them and their Heirs of Us and our Heirs for ever IX THE City of London shall have all the old Liberties and Customs which it hath been used to have Moreover We will and grant that all other Cities Boroughs Towns and the Barons of the Five Ports as with all other Ports shall have all their Liberties and free Customs XXIX NO Freeman shall be taken or imprisoned or be disseised of his Freehold or Liberties or free Customs or be outlawed or exiled or any other wise destroyed nor will We not pass upon him nor condemn him but by lawful judgment of his Peers or by the Law of the land We will sell to no man we will not deny or defer to any man either Justice or Right 240 341 See also nbsp United Kingdom portal nbsp Law portalCivil liberties in the United Kingdom Charter of the Forest Fundamental Laws of England Haandfaestning History of democracy History of human rights List of most expensive books and manuscripts Magna Carta An Embroidery 2015 artwork Magna Carta Hiberniae an issue of the English Magna Carta or Great Charter of Liberties in Ireland Ordinances of 1311 Statutes of MortmainExplanatory notes The document s Latin name is spelled either Magna Carta or Magna Charta the pronunciation is the same and may appear in English with or without the definite article the though it is more usual for the article to be omitted 1 Latin does not have a definite article equivalent to the The spelling Charta originates in the 18th century as a restoration of classical Latin charta for the Medieval Latin spelling carta 2 While Charta remains an acceptable variant spelling it never became prevalent in English usage 3 Within this article dates before 14 September 1752 are in the Julian calendar Later dates are in the Gregorian calendar In the Gregorian calendar however the date would have been 22 June 1215 The United States US Constitution was written in 1787 went into effect in 1788 after ratification by nine of the 13 states and the US Federal government started operation in 1789 The Runnymede Charter of Liberties did not apply to Chester which at the time was a separate feudal domain Earl Ranulf granted his own Magna Carta of Chester 42 Some of its articles were similar to the Runnymede Charter 43 Louis s claim to the English throne described as debatable by the historian David Carpenter derived from his wife Blanche of Castile who was the granddaughter of King Henry II of England Louis argued that since John had been legitimately deposed the barons could then legally appoint him king over the claims of John s son Henry 54 Roger de Montbegon is named in only one of the four early sources BL Harley MS 746 fol 64 whereas the others name Roger de Mowbray However Holt believes the Harley listing to be the best and the de Mowbray entries to be an error Among the historians to have discussed the myth of Magna Carta and the ancient English constitution are Claire Breay Geoffrey Hindley James Holt John Pocock Danny Danziger and John Gillingham 173 174 175 176 177 I e section 1 of the 31st statute issued in the 9th year of George IV nor will We not in clause 29 is correctly quoted from this source References Magna Carta Oxford English Dictionary Online ed Oxford University Press Subscription or participating institution membership required Usually without article Du Cange s v 1 carta Garner Bryan A 1995 A Dictionary of Modern Legal Usage Oxford University Press p 541 ISBN 978 0195142365 The usual and the better form is Magna Carta Magna Carta does not take a definite article Magna Charta is the recommended spelling in German language literature Duden online Magna Carta 1215 British Library Retrieved 3 February 2019 Peter Crooks July 2015 Exporting Magna Carta exclusionary liberties in Ireland and the world History Ireland 23 4 Holt 2015 pp 50 51 The contents of Magna Carta UK Parliament Archived from the original on 28 August 2022 Retrieved 28 August 2022 Magna Carta 1297 at Legislation gov uk Legislation gov uk Retrieved 8 December 2022 Carpenter 1990 p 8 a b c Turner 2009 p 149 Carpenter 1990 p 7 Danziger amp Gillingham 2004 p 168 Turner 2009 p 139 Warren 1990 p 181 Carpenter 1990 pp 6 7 a b Carpenter 1990 p 9 a b Turner 2009 p 174 Danziger amp Gillingham 2004 pp 256 258 McGlynn 2013 pp 131 132 McGlynn 2013 p 130 Danziger amp Gillingham 2004 p 104 Danziger amp Gillingham 2004 p 165 a b Turner 2009 p 178 a b McGlynn 2013 p 132 Holt 1992a p 115 Poole 1993 pp 471 472 Vincent 2012 pp 59 60 Turner 2009 p 179 Warren 1990 p 233 Danziger amp Gillingham 2004 pp 258 2 Turner 2009 pp 174 179 180 a b c d Turner 2009 p 180 Holt 1992a p 112 a b c d McGlynn 2013 p 137 a b Tatton Brown 2015 p 36 Holt 2015 p 219 a b c Warren 1990 p 236 Turner 2009 pp 180 182 a b Turner 2009 p 182 Turner 2009 pp 184 185 Magna Carta British Library Retrieved 16 March 2016 Hewit 1929 p 9 Holt 1992b pp 379 380 Vincent 2012 pp 61 63 Carpenter 2004 pp 293 294 a b Turner 2009 p 189 a b Danziger amp Gillingham 2004 pp 261 262 a b Goodman 1995 pp 260 261 Warren 1990 pp 239 240 Poole 1993 p 479 Turner 2009 pp 189 191 Danziger amp Gillingham 2004 p 262 Warren 1990 pp 239 242 a b c d e f Carpenter 1990 p 12 Carpenter 1996 p 13 a b c d All clauses The Magna Carta Project University of East Anglia Retrieved 9 November 2014 Turner 2009 p 190 191 a b Turner 2009 p 190 Warren 1990 pp 244 245 Rothwell 1975 pp 324 226 Warren 1990 pp 245 246 Holt 1992a p 1 Crouch 1996 p 114 Carpenter 2004 pp 264 267 Warren 1990 pp 254 255 Magna Carta Wales Scotland and Ireland Retrieved 19 October 2022 Smith J Beverley 1984 Magna Carta and the Charters of the Welsh Princes The English Historical Review XCIX CCCXCI 344 362 doi 10 1093 ehr XCIX CCCXCI 344 Preface Magna Carta Project Retrieved 17 May 2015 Holt 1992b pp 478 480 the list in the collection of law tracts is at British Library Harley MS 746 fol 64 the Reading Abbey list is at Lambeth Palace Library MS 371 fol 56v Profiles of Magna Carta Sureties and Other Supporters Baronial Order of Magna Charta Retrieved 17 May 2015 The Magna Charta Barons at Runnymede Brookfield Ancestor Project Retrieved 4 November 2014 Strickland Matthew 2005 Enforcers of Magna Carta act 1215 1216 Oxford Dictionary of National Biography online ed Oxford University Press doi 10 1093 ref odnb 93691 Subscription or UK public library membership required Powicke 1929 Carpenter 1990 pp 14 15 a b c d Carpenter 1990 p 13 McGlynn 2013 p 189 a b c d e Ridgeway 2010 Weiler 2012 p 1 Carpenter 1990 p 1 Mayr Harting 2011 pp 259 260 Mayr Harting 2011 p 260 Carpenter 2004 p 301 a b Carpenter 1990 pp 19 21 Aurell 2003 p 30 Carpenter 1990 pp 21 22 24 25 Powicke 1963 p 5 Carpenter 1990 p 25 Carpenter 1990 p 27 Carpenter 1990 pp 28 29 Carpenter 1990 pp 127 28 Carpenter 1990 pp 36 40 McGlynn 2013 p 216 a b Hallam amp Everard 2001 p 173 Carpenter 1990 pp 41 42 a b Carpenter 1990 p 42 a b Carpenter 1990 p 44 Carpenter 1990 pp 41 44 45 Carpenter 1990 p 60 Carpenter 1990 pp 60 61 a b Carpenter 1990 pp 61 62 White 1915 pp 472 475 White 1917 pp 545 555 Carpenter 1990 p 402 Carpenter 1990 pp 333 335 382 383 Carpenter 1990 pp 295 296 Jobson 2012 p 6 Carpenter 1990 pp 296 297 Carpenter 1990 p 297 Hallam amp Everard 2001 p 176 Weiler 2012 p 20 Carpenter 1990 pp 371 373 Carpenter 1990 pp 374 375 Carpenter 1990 pp 376 378 Hallam amp Everard 2001 pp 176 177 Carpenter 1990 p 379 a b Carpenter 2004 p 307 Carpenter 1990 p 383 Carpenter 1990 pp 2 3 383 386 Carpenter 2004 p 307 a b Clanchy 1997 p 147 a b Davis 2013 p 71 Davis 2013 p 174 a b Carpenter 1996 pp 76 99 Carpenter 1990 p 3 Carpenter 1996 pp 26 29 37 43 a b Carpenter 1996 p 105 Davis 2013 pp 195 197 Jobson 2012 p 104 Davis 2013 p 224 Jobson 2012 p 163 Holt 1992b pp 510 11 a b Prestwich 1997 p 427 Magna Carta 1297 The National Archive Retrieved 29 July 2010 Magna Carta 1297 Statutelaw gov uk Retrieved 13 June 2015 Edwards 1943 Confirmatio Cartarum britannia com Retrieved 30 November 2007 Prestwich 1997 p 434 Cobbett et al 1810 p 980 Magna Carta Salisbury Cathedral Retrieved 25 January 2015 The Statutes at Large Passed in the Parliaments held in Ireland from The Third Year of Edward the Second A D 1310 to the First Year of George the Third A D 1761 Inclusive Boulter Grierson 1763 p 132 Confirmatio Cartarum 26 October 10 1297 1215 org Retrieved 19 January 2015 Holt 2008 p 62 Fritze amp Robison 2002 pp 34 35 Prestwich 1997 pp 547 548 Menache 2003 pp 253 255 Scott 2014 Holt 2008 pp 44 45 Holt 2008 pp 45 46 Holt 2008 p 56 Holt 2008 pp 56 57 Turner 2003b p 123 Thompson 1948 pp 9 10 a b Turner 2003a 800th anniversary of Magna Carta PDF Church of England General Synod Retrieved 4 November 2014 Magna Carta Royal Family History Retrieved 4 November 2014 Johnson Ben The Origins of the Magna Carta Historic UK Retrieved 4 November 2014 Turner 2003b p 132 Turner 2003b p 133 Hindley 1990 pp 185 187 Hindley 1990 pp 185 186 Turner 2003b p 138 a b c Hindley 1990 p 188 Thompson 1948 p 146 Warren 1990 p 324 Hindley 1990 p 187 Magna Carta cum aliis antiquis statutis London Thomas Berthelet 1531 Beale S9 STC 9271 Magna carta cvm aliis antiqvis statvtis qvorvm catalogvm in fine operis reperies London Thomas Berthelet 1540 Beale S12 STC 9274 Archived 12 January 2017 at the Wayback Machine revised edition by Thomas Marshe 1556 Magna Carta et cetera antiqua statuta nunc nouiter per diuersa exemplaria examinata et summa diligentia castigata et correcta cui adiecta est noua tabula valde necessaria Thompson 1948 pp 147 149 Brayley Edward Wedlake The Beauties of England and Wales or original delineations topographical historical and descriptive of each county PDF T Rodenhurst 1840 A Description of Hawkstone the Seat of Sir R Hill Bart M P With Brief Notices of the Antiquities of Bury Walls and of Red Castle an Account of the Column in Shrewsbury and of Lord Hill s Military Actions Printed at the Chronicle Office and sold by J Watton Saul Nigel William Hardel Magna Carta Trust 800th Anniversary Retrieved 24 April 2016 Obelisk Hawkstone Park Weston Under Redcastle Shropshire Educational Images Historic England Archived from the original on 11 April 2023 Retrieved 11 April 2023 a b Turner 2003b p 140 a b c d e Danziger amp Gillingham 2004 p 280 Hindley 1990 p 183 a b c d e Breay 2010 p 46 Pocock 1987 p 124 Holt 1992b p 9 Eele 2013 p 20 Thompson 1948 pp 216 230 Pocock 1987 p 154 Wright 1919 p 72 a b c Hindley 1990 pp 188 189 Pocock 1987 p 300 Greenberg 2006 p 148 Turner 2003b p 148 Holt 1992b pp 20 21 Turner 2003b p 156 a b Hindley 1990 p 189 Hindley 1990 pp 189 190 Turner 2003b p 157 Danziger amp Gillingham 2004 pp 280 281 Russell 1990 p 41 Hindley 1990 p 190 Danziger amp Gillingham 2004 p 271 Woolwrych 2003 p 95 a b Magna Carta a precedent for recent constitutional change PDF Judiciary of England and Wales Speeches 15 June 2005 Retrieved 4 November 2014 Pocock 1987 p 127 Kewes 2006 p 279 Kewes 2006 p 226 Danziger amp Gillingham 2004 pp 281 282 Hill 2006 pp 111 122 Linebaugh 2009 p 85 Pocock 1987 pp 182 228 Turner 2003b p 165 Pocock 1987 p 228 Turner 2003b pp 169 170 Breay amp Harrison 2015 pp 110 111 134 Linebaugh 2009 pp 113 14 Linebaugh 2009 pp 113 114 a b Turner 2003b pp 67 68 Fryde 2001 p 207 Goodrich Chauncey A The Speeches of Lord Chatham Classic Persuasion Lord Irvine of Lairg The Spirit of Magna Carta Continues to Resonate in Modern Law Parliament of Australia December 2002 Archived from the original on 6 November 2014 Retrieved 7 November 2014 Brink Robert J 18 August 2014 History on display one lawyer s musings on Magna Carta Massachusetts Lawyers Weekly Retrieved 20 November 2014 Howard 2008 p 28 Hazeltine 1917 p 194 Hazeltine 1917 p 195 Turner 2003b p 210 Turner 2003b p 211 Hazeltine 1917 pp 183 184 a b Magna Carta and Its American Legacy National Archives and Records Administration Retrieved 30 January 2015 a b The Magna Carta National Archives and Records Administration Retrieved 20 November 2014 Logal W A 2000 Federal Habeas in the Information Age Minnesota Law Review 85 147 Stimson 2004 p 124 Black 1999 p 10 Klopfer v North Carolina 386 U S 213 1967 FindLaw Retrieved 2 May 2010 Did King John actually sign Magna Carta BBC 19 January 2015 retrieved 14 April 2020 a b Turner 2003b pp 199 200 a b Fryde 2001 p 1 a b Simmons 1998 pp 69 83 Galef 1998 pp 78 79 Pollard 1912 pp 31 32 Barnes 2008 p 23 Danziger amp Gillingham 2004 p 283 Home The Baronial Order of Magna Charta Retrieved 19 November 2014 Wright 1990 p 167 Holt 1992b pp 2 3 a b Danziger amp Gillingham 2004 p 278 Burdett 1810 p 41 a b c Magna Carta 1297 c 9 UK Statute Law Database Archived from the original on 5 September 2007 Retrieved 2 September 2007 Magna Carta Segamore Institute Archived from the original on 5 November 2014 Retrieved 4 November 2014 Clark 2000 Kennedy 1922 p 228 Drew 2004 pp pxvi pxxiii a b c Breay 2010 p 48 So will the revolution start in Haltemprice and Howden The Independent UK 14 June 2008 Retrieved 16 June 2008 Green David Allen 16 June 2014 The myth of Magna Carta Financial Times Retrieved 21 January 2015 The sarcasm of the Master of the Rolls was plain The Mayor Commonalty and Citizens of London v Samede 22 February 2012 Retrieved 21 January 2015 Holt 1992b p 2 Warren 1990 p 240 Holt 1992b p 21 Magna Carta 25 Ed I New Zealand Law online Magna Carta 1297 No 29 as at 03 September 2007 Imperial Act New Zealand Legislation www legislation govt nz Retrieved 3 December 2018 United States Constitution Q A The Charters of Freedom National Archives and Records Administration Retrieved 4 November 2014 Magna Carta Replica and Display Architect of the Capitol Retrieved 20 November 2014 Doward Jamie 1 November 2014 Magna Carta 800 years on recognition at last for England s greatest export The Observer Retrieved 7 November 2014 Celebrating 800 years of Magna Carta British Library Retrieved 7 November 2014 Magna Carta Law Liberty Legacy British Library Retrieved 7 November 2014 Jones Jonathan 14 May 2015 Kings and needles the Magna Carta gets an embroidery update The Guardian Retrieved 14 May 2015 Davies Caroline 15 June 2015 Magna Carta leaders celebrate 800th anniversary of the Great Charter The Guardian Retrieved 20 June 2015 800th Anniversary of the Magna Carta Google 15 June 2015 Magna Carta Muse and Mentor Library of Congress 6 November 2014 Retrieved 30 January 2015 Magna Carta 800 Visit Lincoln Retrieved 7 November 2014 800th Anniversary of Magna Carta 2015 UK 2 BU Coin Royal Mint Retrieved 27 December 2014 Magna Carta 800th Anniversary 2015 UK 2 Silver Piedfort Coin The Royal Mint The Royal Mint Archived from the original on 25 November 2015 Retrieved 24 November 2015 Bury St Edmunds Magna Carta 800 Bury St Edmunds The Bury Society Retrieved 28 December 2014 a b Breay 2010 p 37 Breay 2010 pp 37 38 a b Hindley 1990 p 143 Breay 2010 pp 38 39 Browning 1898 p 50 Breay 2010 pp 34 35 Breay 2010 p 34 a b Breay 2010 p 35 Breay 2010 pp 34 36 Breay 2010 pp 35 36 Breay 2010 p 36 Turner 2003b p 65 Canterbury s Magna Carta rediscovered in time for 800th anniversary Canterbury Christ Church University Archived from the original on 23 January 2015 Retrieved 31 January 2015 Remarkable discovery says copy of Magna Carta in British Library was Canterbury charter kentnews Archived from the original on 23 January 2015 Retrieved 31 January 2015 Breay amp Harrison 2015 pp 57 66 Breay amp Harrison 2015 pp 66 216 219 Duffy Christina Revealing the secrets of the burnt Magna Carta British Library Retrieved 8 June 2016 Breay 2010 pp 36 37 Davis 1963 p 36 a b c Knight Alec 17 April 2004 Magna Charta Our Heritage and Yours National Society Magna Charta Dames and Barons Archived from the original on 21 August 2004 Retrieved 2 September 2007 a b Magna Carta Muse and Mentor Magna Carta Comes to America Library of Congress 6 November 2014 a b Vincent 2012 p 107 Proposed Gift of Magna Carta to America 1941 The National Archives Retrieved 29 January 2022 May we give you at least as a token of our feelings something of no intrinsic value whatever a bit of parchment more than seven hundred years old rather the worse for wear Magna Carta As Exhibit For New York World Fair British Pathe Retrieved 15 September 2016 Magna Carta in the US Part I The British Pavilion of the 1939 New York World s Fair 30 April 2014 Magna Carta on Display Beginning 4 July Press release National Constitution Center 30 May 2007 Archived from the original on 27 September 2007 Retrieved 2 September 2007 Magna Carta amp Four Foundations of Freedom Contemporary Art Center of Virginia 2007 Retrieved 4 November 2014 Kahn Eve M 13 September 2009 Copy of Magna Carta Travels to New York in Style The New York Times Retrieved 4 January 2015 Magna Carta Lincoln Castle 12 February 2015 Retrieved 11 April 2018 Magna Carta Lincoln Cathedral Retrieved 11 April 2018 Salisbury Cathedral 2013 The Salisbury Connection Retrieved 13 November 2014 a b Vincent 2012 p 104 a b Salisbury Cathedral 2013 The Document Retrieved 13 November 2014 Award for cathedral Magna Carta BBC News Online 4 August 2009 Retrieved 4 January 2015 Salisbury Cathedral 2013 Visiting Magna Carta Retrieved 13 November 2014 a b Vincent 2012 p 106 a b Magna Carta pulls in the crowds Bodleian Libraries University of Oxford Retrieved 13 June 2015 Magna Carta at Hereford Cathedral BBC Retrieved 4 November 2014 The Magna Carta Fine Arts Museums of San Francisco 5 April 2011 Retrieved 4 January 2015 Magna Carta 1225 British Library Retrieved 22 November 2014 Campbell Sophie 16 September 2014 Magna Carta On the trail of the Great Charter Telegraph Archived from the original on 10 January 2022 Retrieved 4 November 2014 Lewis 1987 p 494 Magna Carta The National Archives Retrieved 19 January 2015 Moss Richard Society of Antiquaries to restore and display Magna Carta for 800th anniversary Culture 24 Retrieved 13 June 2015 Harry Evans Bad King John and the Australian Constitution Commemorating the 700th Anniversary of the 1297 Issue of Magna Carta Papers on Parliament No 31 Parliament of Australia Retrieved 4 November 2014 Metherell Mark 4 January 2006 Rare Magna Carta copy not such a big deal after all Sydney Morning Herald Retrieved 4 November 2014 Barron James 25 September 2007 Magna Carta is going on the auction block The New York Times Retrieved 19 December 2007 Magna Carta copy fetches 24m Sydney Morning Herald 19 December 2007 Retrieved 19 December 2007 Edgers Geoff 31 October 2014 Two Magna Cartas in D C The Washington Post Retrieved 4 November 2014 Vincent 2015 p 160 Hossack James 19 December 2007 Magna Carta Sold at Auction for 21 3 Million The Sydney Morning Herald Retrieved 14 June 2015 a b c Harris Carolyn Where is Magna Carta Today Magna Carta 2015 Canada Retrieved 13 June 2015 Magna Carta National Archives 1297 Retrieved 13 June 2015 a b Magna Carta edition found in Sandwich archive scrapbook BBC 8 February 2015 Retrieved 13 June 2015 Faversham gets ready to celebrate its Magna Carta artefact Faversham Times 17 September 2014 Archived from the original on 12 February 2015 Retrieved 13 June 2015 New City of London Heritage Gallery to open at the Guildhall Museums and Heritage Advisor Retrieved 13 June 2015 About us Sandwich Guildhall Museum Retrieved 13 September 2023 Press Association 8 February 2015 10m Magna Carta found in council archives Expert says discovery of 1300 edition of historic document raises hopes that there are more than the 24 copies currently known about in existence The Guardian a b c d e Breay 2010 p 28 Poole 1993 pp 16 17 a b Breay 2010 p 29 Gordon v Justice Court 12 Cal 3d 323 1974 a b Huscroft 2005 p 97 Poole 1993 pp 29 30 Poole 1993 p 29 a b c Breay 2010 p 32 Poole 1993 pp 353 474 Hillaby 2013 p 23 Huscroft 2005 p 190 a b Huscroft 2005 p 189 Turner 2009 p 121 a b c Breay 2010 pp 49 54 Sharples Barry Magna Carta Liberatum The Great Charter of Liberties The First Great Charter of King Edward The First Granted October 12th 1297 Retrieved 13 November 2014 a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag Magna Carta 1297 Uk Government Retrieved 15 November 2014 a b Madison P A 2 August 2010 Historical Analysis of the first of the 14th Amendment s First Section The Federalist Blog Archived from the original on 18 November 2019 Retrieved 19 January 2013 The words We will sell to no man were intended to abolish the fines demanded by King John in order to obtain justice Will not deny referred to the stopping of suits and the denial of writs Delay to any man meant the delays caused either by the counter fines of defendants or by the prerogative of the King The 1215 Magna Carta Clause 52 The Magna Carta Project University of East Anglia Retrieved 22 July 2021 a b Hindley 1990 p 201 BibliographyAurell Martin 2003 L Empire de Plantagenet 1154 1224 in French Paris Tempus ISBN 978 2262022822 Barnes Thomas Garden 2008 Shaping the Common Law From Glanvill to Hale 1188 1688 Stanford University Press ISBN 978 0804779593 Black Charles 1999 A New Birth of Freedom Human Rights Named and Unnamed New Haven CN Yale University Press ISBN 978 0300077346 Breay Claire 2010 Magna Carta Manuscripts and Myths London The British Library ISBN 978 0712358330 Breay Claire Harrison Julian eds 2015 Magna Carta Law Liberty Legacy London The British Library ISBN 978 0712357647 Browning Charles Henry 1898 The Magna Charta Described The Magna Charta Barons and Their American Descendants with the Pedigrees of the Founders of the Order of Runnemede Deduced from the Sureties for the Enforcement of the Statutes of the Magna Charta of King John Philadelphia OCLC 9378577 a href Template Cite book html title Template Cite book cite book a CS1 maint location missing publisher link Burdett Francis 1810 Sir Francis Burdett to His Constituents R Bradshaw Carpenter David A 1990 The Minority of Henry III Berkeley and Los Angeles University of California Press ISBN 978 0413623607 Carpenter David 1996 The Reign of Henry III London Hambledon Press ISBN 978 1852851378 Carpenter David A 2004 Struggle for Mastery The Penguin History of Britain 1066 1284 London Penguin ISBN 978 0140148244 Clanchy Michael T 1997 Early Medieval England The Folio Society Clark David 2000 The Icon of Liberty The Status and Role of Magna Carta in Australian and New Zealand Law Melbourne University Law Review 24 3 Cobbett William Howell Thomas Bayly Howell Th J Jardine William 1810 Cobbett s Complete Collection of State Trials and Proceedings for High Treason and Other Crimes and Misdemeanors from the Earliest Period to the Present Time Bagshaw Crouch David 1996 William Marshal Court Career and Chivalry in the Angevin Empire 1147 1219 Longman ISBN 978 0582037861 Danziger Danny Gillingham John 2004 1215 The Year of Magna Carta Hodder Paperbacks ISBN 978 0340824757 Davis G R C 1963 Magna Carta The British Library Publishing Division ISBN 978 0712300148 Davis John Paul 2013 The Gothic King A Biography of Henry III London Peter Owen ISBN 978 0720614800 Drew Katherine F 2004 Magna Carta Greenwood Press ISBN 978 0313325908 Edwards J G 1943 Confirmatio Cartarum and Baronial Grievances in 1297 The English Historical Review 58 231 273 300 doi 10 1093 ehr lviii ccxxxi 273 JSTOR 554340 Eele Caroline 2013 Perceptions of Magna Carta Why has it been seen as significant PDF Thesis 2014 Magna Carta 2015 Committee Retrieved 18 November 2014 Fryde Natalie 2001 Why Magna Carta Angevin England Revisited Munster Germany LiT ISBN 978 3825856571 Fritze Ronald Robison William 2002 Historical Dictionary of Late Medieval England 1272 1485 Greenwood Press ISBN 978 0313291241 Galef David 1998 Second Thoughts Focus on Rereading Detroit MI Wayne State University Press ISBN 978 0814326473 Goodman Ellen 1995 The Origins of the Western Legal Tradition From Thales to the Tudors Federation Press ISBN 978 1862871816 Greenberg Janelle 2006 The Radical Face of the Ancient Constitution St Edward s Laws in Early Modern Political Thought Cambridge Cambridge University Press ISBN 978 0521024884 Hallam Elizabeth M Everard Judith A 2001 Capetian France 987 1328 2nd ed Harlow UK Longman ISBN 978 0582404281 Hazeltine H D 1917 The Influence of Magna Carta on American Constitutional Development In Malden Henry Elliot ed Magna Carta commemoration essays BiblioBazaar ISBN 978 1116447477 Hewit H J 1929 Mediaeval Cheshire Manchester UK Manchester University Press Hill Christopher 2006 Winstanley The Law of Freedom and Other Writings Cambridge University Press ISBN 978 0521031608 Hillaby Caroline 2013 The Palgrave Dictionary of Medieval Anglo Jewish History Palgrave Macmillan ISBN 978 1137308153 Hindley Geoffrey 1990 The Book of Magna Carta London Constable ISBN 978 0094682405 Holt James C 1992a The Northerners A Study in the Reign of King John Oxford Oxford University Press ISBN 978 0198203094 Holt James C 1992b Magna Carta Cambridge Cambridge University Press ISBN 978 0521277785 Holt James C 2015 Magna Carta 3rd ed Cambridge Cambridge University Press ISBN 978 1107093164 Holt James C 2008 1993 The Ancient Constitution in Medieval England PDF Liberty Fund ISBN 978 0865977099 Howard A E Dick 2008 Magna Carta Comes To America Fourscore 58 4 Huscroft Richard 2005 Ruling England 1042 1217 Harlow UK Pearson ISBN 978 0582848825 Jobson Adrian 2012 The First English Revolution Simon de Montfort Henry III and the Barons War London Bloomsbury ISBN 978 1847252265 Kennedy William Paul McClure 1922 The Constitution of Canada Oxford Oxford University Press Kewes Paulina 2006 The Uses of History in Early Modern England Berkeley University of California Press ISBN 978 0873282192 Lewis Suzanne 1987 The Art of Matthew Paris in the Chronica Majora University of California Press ISBN 978 0520049819 Linebaugh Peter 2009 The Magna Carta Manifesto Liberties and Commons for All Berkeley University of California Press ISBN 978 0520260009 Mayr Harting Henry 2011 Religion Politics and Society in Britain 1066 1272 Harlow UK Longman ISBN 978 0582414136 McGlynn Sean 2013 Blood Cries Afar The Forgotten Invasion of England 1216 London Spellmount ISBN 978 0752488318 Menache Sophia 2003 Clement V Cambridge Cambridge University Press ISBN 978 0521521987 Pocock J G A 1987 The Ancient Constitution and the Feudal Law A Study of English Historical Thought in the Seventeenth Century Cambridge Cambridge University Press ISBN 978 0521316439 Pollard Albert Frederick 1912 The history of England a study in political evolution H Holt Poole Austin Lane 1993 1951 From Domesday Book to Magna Carta 1087 1216 2nd ed Oxford Oxford University Press Powicke F M 1929 The Bull Miramur Plurimum and a Letter to Archbishop Stephen Langton 5 September 1215 English Historical Review 44 87 93 doi 10 1093 ehr xliv clxxiii 87 Powicke Frederick Maurice 1963 The Thirteenth Century 1216 1307 Oxford Oxford University Press ISBN 978 0198217084 Prestwich Michael 1997 Edward I New Haven CN Yale University Press ISBN 978 0300071573 Ridgeway H W 2010 2004 Henry III 1207 1272 Oxford Dictionary of National Biography online ed Oxford University Press doi 10 1093 ref odnb 12950 Subscription or UK public library membership required Rothwell Harry 1975 English Historical Documents 1189 1327 London Eyre amp Spottiswoode ISBN 978 0413233004 Russell Conrad 1990 Unrevolutionary England 1603 1642 Continnuum 3PL ISBN 978 1852850258 Scott Robert McNair 2014 Robert The Bruce King Of Scots Canongate Books ISBN 978 1847677464 Simmons Clare A 1998 Absent Presence The Romantic Era Magna Charta and the English Constitution In Shippey Richard Utz Tom eds Medievalism in the Modern World Essays in Honour of Leslie J Workman Brepols Publishers Stimson Frederick Jessup 2004 The Law Of The Federal And State Constitutions Of The United States Lawbook Exchange Ltd ISBN 978 1584773696 Tatton Brown Tim July 2015 Magna Carta at 800 Uncovering its Landscape Archaeology Current Archaeology 304 34 37 Thompson Faith 1948 Magna Carta Its Role In The Making Of The English Constitution 1300 1629 Minneapolis University of Minnesota Press ISBN 978 1299948686 Turner Ralph V 2003a The Meaning of Magna Carta since 1215 History Today 53 9 Turner Ralph 2003b Magna Carta Through the Ages Routledge ISBN 978 0582438262 Turner Ralph 2009 King John England s Evil King Stroud UK History Press ISBN 978 0752448503 Vincent Nicholas 2012 Magna Carta A Very Short Introduction Oxford Oxford University Press ISBN 978 0199582877 Vincent Nicholas 2015 From World War to World Heritage Magna Carta in the Twentieth Century In Vincent Nicholas ed Magna Carta The Foundation of Freedom 1215 2015 London Third Millennium Publishing pp 154 169 ISBN 978 1908990488 Warren W Lewis 1990 King John London Methuen ISBN 978 0413455208 Weiler Bjorn K U 2012 Henry III of England and the Staufen Empire 1216 1272 Paris Royal Historical Society Boydell Press ISBN 978 0861933198 White Albert Beebe 1915 The Name Magna Carta The English Historical Review XXX CXIX 472 475 doi 10 1093 ehr XXX CXIX 472 White Albert Beebe 1917 Note on the Name Magna Carta The English Historical Review XXXII CXXVIII 545 555 doi 10 1093 ehr XXXII CXXVIII 554 Woolwrych Austin Herbert 2003 Smith David Lee ed Cromwell and Interregnum The Essential Readings Wiley Blackwell ISBN 978 0631227250 Wright Herbert G 1919 The Life And Works Of Arthur Hall Of Grantham Member Of Parliament Courtier And First Translator Of Homer Into English Book on Demand Wright Patrick 1990 The River A Thames Journey London BBC Books ISBN 978 0563384786 Further readingAmbler S T August 2015 Magna Carta Its Confirmation at Simon de Montfort s Parliament of 1265 English Historical Review CXXX 545 801 830 doi 10 1093 ehr cev202 Davies Stephen 2008 Magna Carta In Hamowy Ronald ed The Encyclopedia of Libertarianism Thousand Oaks CA Sage Cato Institute pp 313 314 doi 10 4135 9781412965811 n188 ISBN 978 1412965804 OCLC 750831024 McKechnie William Sharp 1914 Magna Carta A Commentary on the Great Charter of King John with an Historical Introduction PDF Glasgow UK James Maclehose and Sons External links nbsp Wikisource has original text related to this article Magna Carta nbsp Latin Wikisource has original text related to this article Magna Carta nbsp Wikimedia Commons has media related to Magna Carta nbsp Wikiquote has quotations related to Magna Carta Government websites British Library National Archives UK British ParliamentAcademic websites The Magna Carta ProjectTexts Text of the Magna Carta 1297 as in force today including any amendments within the United Kingdom from legislation gov uk Magna Carta Libertatum Latin and English text of the 1215 charter Text of Magna Carta English translation with introductory historical note From the Internet Medieval Sourcebook nbsp Magna Carta public domain audiobook at LibriVox Retrieved from https en wikipedia org w index php title Magna Carta amp oldid 1191028090, wikipedia, wiki, book, 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