Magnacharta
The document that has come to be known as Magna Charta (spelled variously as "charta" or "carta"), or Great Charter, is recognized as a fundamental part of the English constitutional tradition. Although it is not a constitution, it contains provisions on criminal law that were incorporated into the Bill of Rights of the U.S. Constitution.
In 1215 King John of England (1199–1216) fought more than forty English barons and their followers in a civil war. The king had angered the barons by extracting revenues based on their feudal obligations in order to fight a war in France. After John lost the war, the barons rebelled against the king.

The rebels first demanded that the king confirm the Charter of Henry I, a coronation charter from 1100 in which King Henry I had promised to abolish all evil customs that oppressed the realm. Additional grievances were added to the charter, which King John was forced to accept at Runnymede in June 1215, after the rebels occupied London.
Magna Charta contains sixty-three chapters. Many of the chapters defined the king's feudal rights over his vassals, preventing the king from arbitrarily collecting revenue from the barons. Chapter 39 established the right to due process of law, and in chapter 40 the king promised that he would not sell, deny, or delay justice to anyone.

Magna Charta did not resolve the dispute between the barons and King John. Within months they were fighting again. In August 1215 the charter was annulled by Pope Innocent III, John's feudal overlord, on the grounds that it had been executed under duress. In 1216, however, after John's death the charter was reissued with some modifications. At the conclusion of the civil war in 1217, it was reissued again with minor revisions. This version of Magna Charta became part of the English constitutional tradition; confirmed by later kings and interpreted by Parliament, it is still revered as a symbol of English liberties.

Magna Charta
John, by the grace of God, king of England, lord of Ireland, duke of Normandy and Aquitaine, count of Anjou, to all his archbishops, bishops, abbots, earls, barons, justiciars, foresters, sheriffs, stewards, servants, and all bailiffs and faithful men, health. Know that we by looking to God, and for the health of our soul, and of all our ancestors and heirs, to the honor of God, and the exaltation of his holy Church, and the rectifying of our realm by the counsel of our venerable fathers, Stephen, archbishop of Canterbury, primate of all England and cardinal of the holy Roman Church; Henry, archbishop of Dublin; William of London, Peter of Winchester, Joscelin of Bath and Glastonbury, Hugh of Lincoln, Walter of Worcester, William of Coventry and Benedict of Rochester, bishops; Master Pandulf, subdeacon of our lord pope and servant; brother Eymeric, master of the knights of the Temple in England; and of nobles, William Marshall, Earl of Pembroke; William, Earl of Salisbury; William, Earl Warrenne; William, Earl of Arundel; Alan of Galway, constable of Scotland; Warin, son of Gerold; Peter, son of Herbert; Hubert de Burg, seneschal of Poitou; Hugh de Neville; Matthew, son of Herbert; Thomas Basset; Alan Basset; Philip de Albini; Robert de Ropley; John Marshall; John, son of Hugh; and others our lieges.

CHAPTER 1
First, we grant to God, and by this our present charter we confirm, for us and our heirs forever, that the English church be free, and have its rights whole and its liberties unimpaired; and so we will to be observed, which appears from the fact that we have of pure and free will, before difference arose between us and our barons, granted, and by our charter confirmed, freedom of elections, which is conceived greatest and most necessary for the English church, and have got it confirmed from our lord Pope Innocent III, which we will observe ourselves and will to be observed in good faith by our heirs forever.1 We have granted to all free men of our realm, for ourself and our heirs forever, all these underwritten liberties to have and to hold, for themselves and their heirs, from us and our heirs.

CHAPTER 2
If any of our earls or barons, or other tenant of us in chief by military service, die, and when he dies, his heir be of full age, and owe a relief, he shall have his inheritance by the old relief, to wit, the heir, or heirs of an earl, for the whole barony of an earl by P100; the heir or heirs of a baron, the whole barony by P100; the heir or heirs of a knight for a whole military fee by 100s. at most, and he who owes less should pay less according to the ancient custom of fees.

CHAPTER 3
If the heir of any of these be below age, and be in wardship, when he comes to full age he shall have his inheritance without relief or fine.

CHAPTER 4
The guardians of the land of any heir, who is below age, shall not take from the land of the heir more than reasonable exits [revenues], and reasonable customs, and reasonable services, and this without destruction and waste of men or property; and if we commit the wardship of any such land to the sheriff or any one else, who is to answer to us for the exits, and he made destruction or waste of his wardship, we will take recompense of him, and the land shall be committed to two lawful and discreet men of that fee, who will answer to us of the exits, or to him to whom we have assigned them; and if we have given or sold to any one the wardship of any such land, and he does destruction or waste, he shall lose his wardship, and give it to two lawful and discreet men of that fee, who shall in like manner answer to us as is aforesaid.

CHAPTER 5
The guardian, as long as he have wardship of the land, shall keep up houses, parks, stews, pools, mills, and other things belonging to that land, from the exits of the same land, and restore to the heir, when he comes to full age, all that land stocked with teams, according to what the season of teams demands, and the exits of the land can reasonably sustain.2

CHAPTER 6
Heirs shall be married without disparagement, so that before they contract matrimony it be communicated to the kinsmen in blood of the heir.

CHAPTER 7
A widow after the death of her husband shall at once and without hindrance have her marriage and inheritance, nor give anything for her dower, or for her marriage, or for her inheritance, which inheritance she and her husband had on the day of her husband's death, and she shall remain in her husband's home for forty days after his death, within which her dower shall be assigned to her.3

Source: Selections from The Second Treatise on Government, 5 J. Locke, WORKS (1823). The footnotes have been renumbered.

1 The full text of the Charter of 1215 has been included here. Sections that were omitted in later versions of the charter are printed in italic type on this and subsequent pages. Unless otherwise indicated, the omissions were made in 1216. Important alterations and additions have been indicated in the notes.

2 A clause added in 1216 stipulated that the chapter also applied to ecclesiastical properties except that those wardships should not be sold.

3 In 1217 a clause was added that guaranteed a widow one-third of her husband's lands unless a smaller dower had been assigned at the time of the marriage. In 1225 chapters 7 and 8 were combined into one.

CHAPTER 8
No widow shall be forced to marry as long as she wills to live without a husband, so that she give security that she will not marry without our assent, if she hold from us, or without the assent of the lord from whom she holds, if she holds from another
.
CHAPTER 9
Neither we nor our bailiffs will seize any land or rent for any debt, as long as the chattels of the debtor suffice for paying the debt, nor shall the sureties of the debtor be distrained, as long as that debtor in chief suffices for the payment of the debt, and if the debtor in chief fail in paying the debt, not having whence to pay, the sureties shall answer for the debt, and if they will, shall have the land and rents of the debtor till they are satisfied of the debt which they paid for him, unless the debtor in chief show that he is quit thence against these sureties.

CHAPTER 10
If anyone borrows anything from the Jews, more or less, and dies before the debt is paid, the debt shall not bear usury as long as the heir is under age, from whoever he holds it, and if that debt fall into our hands we will take only the chattel contained in the deed.

CHAPTER 11
And if anyone die and owes a debt to the Jews, his wife shall have her dower and pay nothing of that debt, and if the children of the dead man are under age, necessaries shall be provided for them according to the holding of the dead man, and the debt shall be paid from the residue, the service of the lords saved, and in the same way shall it be done with debts which are owed to other than Jews.

CHAPTER 12
No scutage or aid shall be laid on our realm except by the common counsel of our realm, unless for ransoming our person, and making our eldest son a knight, and marrying our eldest daughter once, and this must only be a reasonable aid, and so shall it be with the aids of the city of London.

CHAPTER 13
And the city of London shall have all its ancient liberties and its free customs, both by land and by water. Besides we will and grant that all other cities, and burghs [boroughs], and vills [towns], and ports shall have all their liberties and free customs.

CHAPTER 14
And to have a common counsel of our realm on assessing an aid other than in the three aforenamed cases, or assessing a scutage, we will cause to be summoned archbishops, bishops, abbots, earls, and greater barons, singly by our letters, and we will also cause to be summoned in general, by our sheriffs and bailiffs, all those who hold of us in chief, at a certain day, to wit, at least forty days after, and a certain place; and in all letters of summons we will express the cause of summons, and when summons is made the business assigned for the day shall proceed according to the council of those who are present, though not all who are summoned come.

CHAPTER 15
We will grant to no one in future that he take aid from his free men, except to ransom his person, to make his eldest son a knight, and to marry his eldest daughter once, and for this there shall only be a reasonable aid.

CHAPTER 16
No one shall be distrained to do a greater service for a knight's fee, or any other frank [free] tenement than is due from it.

CHAPTER 17
Common pleas shall not follow our court, but shall be held in some certain place.

CHAPTER 18
Recognizances of novel disseisin, mort d'ancestor, and darrein presentment shall not be taken except in their own counties and in this manner; we, or, if we be out of the realm, our chief justiciar, will send two justices to each county four times in the year, who, with four knights of each county, elected by the county, shall take in the county and day and place the aforenamed assises of the county.4

4 In 1217 the text was changed to say that justices (number unspecified) would be sent through each county once a year to hold assises with knights of the county (number unspecified). A separate chapter was created that stipulated that assises involving darrein presentment should always be held before the justices of the bench.

CHAPTER 19
And if the aforesaid assises of the county cannot be taken on that day, so many knights and free tenants shall remain of those who were at the county on that day, by whom judgments can be sufficiently effected, according as the business is great or small.

CHAPTER 20
A free man shall not be amerced for a small offense unless according to the measure of the offense, and for a great offense he shall be amerced according to the greatness of the offense, saving his tenement, and the merchant in the same manner, saving his merchandise, and the villein shall be amerced in the same manner, saving his tools of husbandry, if they fall into our mercy, and none of the aforenamed mercies shall be imposed except by the oath of reputable men of the vicinage.

CHAPTER 21
Earls and barons shall not be amerced but by their equals, and only according to the measure of the offense.

CHAPTER 22
No cleric shall be amerced of his lay tenement, except according to the measure of the other aforesaid, and not according to the size of his ecclesiastical benefice.5

CHAPTER 23
No vill or man shall be distrained to make bridges at rivers, unless he who of old, or by right, is bound to do so.

CHAPTER 24
No sheriff, constable, coroners, or others of our bailiffs shall hold pleas of our crown.

CHAPTER 25
All counties, hundreds, wapentakes, and ridings shall be at the old farms [rents] without any increase, saving the manors of our demesne.

CHAPTER 26
If anyone holding a lay fee [fief] of us dies, and the sheriff or our bailiff shows our letters patent of the summonses of a debt which the dead man owed us, it shall be lawful for our sheriff or bailiff to attach and enroll the chattels of the dead man found in this fee to the value of the debt by the view of lawful men, so that nothing be moved thence till our debt which is clear be paid us, and the residue shall be left to the executors to fulfill the testament of the deceased, and if nothing be owed us by the deceased, all his chattels shall go to the deceased, save the reasonable shares to his wife and children.

CHAPTER 27
If any free man die intestate, his chattels shall be distributed by his nearest relations and friends, by the view of the church, save the debts due to each which the deceased owed.

CHAPTER 28
No constable, or other bailiff of ours, shall take the corn or chattels of anyone, unless he forthwith pays money for them, or can have any respite by the good will of the seller.6

CHAPTER 29
No constable shall distrain any knight to give money for the wardship of a castle [military service in the garrison of a castle], if he be willing to perform that wardship in his own person, or by some other reputable man, if he cannot do it himself for some reasonable cause, and if we have led or sent him to an army, he shall be quit of the wardship, according to the length of time that he is with us in the army.

CHAPTER 30
No sheriff or bailiff of ours, or any other, shall take horses and carts of any free man for carrying, except by the will of the free man.7

CHAPTER 31
Neither we nor our bailiffs will take any wood for our castles, or other our works, except by consent of the man whose wood it is.

5 In 1225 chapters 20, 21, and 22 were combined in a single chapter.

6 In 1216 the chapter was modified to say that constables and their bailiffs should not take the goods of anyone who is not from the village where the castle is located unless they pay cash or make arrangements to pay later; persons from the village should be paid in three weeks. In 1217 the three weeks was changed to forty days.

7 In 1216 the chapter was modified to say that the horses and carts should not be taken unless the owner received a specified amount of money. In 1217 a chapter was inserted that prohibited bailiffs from taking carts from the demesne of a cleric, a knight, or a lady. In 1225 chapters 30 and 31 from the Charter of 1215 and the new chapter were combined into a single chapter.

CHAPTER 32
We will not hold the lands of those who are convict of felony, except for one year and one day, and then the lands shall be returned to the lords of the fees.

CHAPTER 33
All kidells [fish-weirs] shall for the future be wholly taken away from the Thames and the Medway, and through all England, except at the coast of the sea.

CHAPTER 34
The writ which is called praecipe for the future shall not issue to anyone about any tenement from which a free man may lose his court.

CHAPTER 35
There shall be one measure of wine throughout our whole realm, and one measure of beer, and one measure of corn, to wit, the London quarter, and one breadth of dyed cloth, and russet and haberget cloth, to wit, two ells within the lists, and of weights it shall be as of measures.

CHAPTER 36
Nothing shall be given or taken hereafter for the writ of inquisition on life or limb, but it shall be granted freely, and not denied.

CHAPTER 37
If anyone holds of us by fee-farm, either by socage or by burgage, or of any other land by military service, we shall not have the wardship of the heir or his land which belongs to another's fee, because of that fee-farm, or socage or burgage, nor shall we have wardship of that fee-farm, or socage or burgage, unless the fee-farm itself owes military service. We shall not either have wardship of heir or any land, which he holds of another by military service, by reason of some petty serjeanty which he holds of us, by the service of paying us knives, or arrows, or the like.

CHAPTER 38
No bailiff in future shall put anyone to law by his mere word, without trustworthy witnesses brought forward for it.

CHAPTER 39
No free man shall be seized, or imprisoned, or disseised, or outlawed, or exiled, or injured in any way, nor will we enter on him or send against him except by the lawful judgment of his peers, or by the law of the land.8

CHAPTER 40
We will sell to no one, or deny to no one, or put off right or justice.

CHAPTER 41
All merchants shall have safe conduct and security to go out of England or come into England, and to stay in, and go through England, both by land and water, for buying or selling, without any evil tolls, by old and right customs, except in time of war; and if they be of the land at war against us, and if such shall be found in our land, at the beginning of war, they shall be attached without loss of person or property, until it be known by us or our chief justiciar how the merchants of our land are treated who are found then in the land at war with us; and if ours be safe there, others shall be safe here.9

CHAPTER 42
It shall be lawful for anyone hereafter to go out of our realm, and return, safe and sound, by land or by water, saving fealty to us, except in time of war for some short time, for the common weal of the realm, except imprisoned men, and outlaws according to the law of the realm, and as natives of a land at war against us, and to the merchants of whom is done as is aforesaid.

CHAPTER 43
If any person holds of any escheat, as of the honor of Wallingford, Nottingham, Boulogne, Lancaster, or of other escheats which are in our hands, and they are baronies, and he dies, his heir shall not pay any other relief, or do us any other service but that which he would do for the baron, if the barony were in the hand of a baron, and we similarly will hold him in the same way that the baron held him.10

8 In 1217 the words "of his freehold liberties or free customs" were inserted after "disseised." In 1225 the words "in the future" were inserted after "No free man shall," and the chapter and the one following it were joined together.

9 In 1216 the words "unless formerly they have been publicly prohibited" were inserted after "All merchants."

10 In 1217 a sentence added at the end of the chapter stipulated that the king would not have an escheat or wardship by reason of such an escheat or barony unless the person who held the property was a tenant-in-chief for other property.

11 Chapter 44 of the Charter of 1215 was retained in the Charter of 1216, but in 1217 it was transferred to the separate Charter of the Forest. In 1217 a new chapter was inserted at this point that stipulated that no free man should give or sell so much of his land that he would be prevented from doing the full service due from the fief.

CHAPTER 44
Men who dwell without the forest shall not come hereafter before our justices of the forest, by common summonses, unless they are in plea, or sureties of one or more, who are attached for the forest.11

CHAPTER 45
We will not make justices, constables, sheriffs, or bailiffs except from those who know the law of the realm, and are willing to keep it.

CHAPTER 46
All barons who have founded abbeys, whence they have charters of the kings of England, or ancient tenure, shall have their custody while vacant, as they ought to have it.

CHAPTER 47
All forests which have been afforested in our time shall be forthwith deforested, and so with the rivers which have been forbidden by us in our time.12

CHAPTER 48
All ill customs of forests and warrens, and foresters and warreners, sheriffs and their servants, rivers and their keepers, shall be forthwith inquired into in each county by twelve sworn knights of the same county, who should be chosen by the reputable men of the same county; and, within forty days after the inquest is over, they shall be wholly done away by them, never to be recalled, so we know this first, or our justiciar, if we are not in England.

CHAPTER 49
We will forthwith return all hostages and charters which were delivered to us by the English as security of peace or faithful service.

CHAPTER 50
We will wholly remove from their bailiwicks the relations of Gerard de Athée so that hereafter they shall have no bailiwick in England, Engelard de Cigogné, Andrew, Peter, and Guy de Chanceux, Geoffrey de Martigny and his brothers, Philip Mark and his brothers, and Geoffrey his nephew, and all their following.

CHAPTER 51
And immediately after the restoration of peace, we will remove from the realm all foreign knights, bowmen, officers, and mercenaries who came with horses and arms to the harm of the realm.

CHAPTER 52
If anyone has been disseised or deprived by us without lawful judgment of his peers, from lands, castles, liberties, or his right, we will forthwith restore him; and if a dispute arise about this, judgment shall then be made by twenty-five barons, of whom mention is made below, for the security of peace, and of all those matters of which a man has been disseised or deprived without the lawful judgment of his peers, by King Henry our father, or by King Richard our brother, which lands we have in our hands, or which others have, which we ought to warrant, we will have respite up to the common term of the crusaders, those being excepted of which the plea was raised or inquisition was made by our order, before the taking of our cross, and when we return from our journey, or if we chance to remain from our journey, we will forthwith show full justice thence.

CHAPTER 53
We will have the same respite, and in the same way, about exhibiting justice of deforesting or maintaining the forests, which Henry our father, or Richard our brother afforested, and of the wardship of the lands which are of another's fee, of which thing we have hitherto had the wardship, by reason of the fee, because someone held of us by military service, and of the abbeys which were founded on the fee of another than our own, in which the lord of the fee says he has the right; and when we return, or if we stay from our journey, we will afford full justice to those who complain of these things.

CHAPTER 54
No one shall be seized or imprisoned for the appeal of a woman about the death of any other man but her husband.

12 In 1217 the first clause was transferred to the Charter of the Forest; the second clause became a separate chapter.

CHAPTER 55
All fines which have been made unjustly and against the law of the land with us, and all amercements made unjustly and against the law of the land, shall be wholly excused, or it shall be done with them by the judgment of twenty-five barons, of whom mention will be made below on the security of the peace, or by the judgment of the greater part of them, along with the aforenamed Stephen, archbishop of Canterbury, if he can be present, and others whom he wills to summon to him, and if he be unable to be present, nevertheless the business shall go on without him, so that if one or more of the aforenamed twenty-five barons arein a like suit, they may be removed as far as this judgment is concerned, and others be appointed, elected, and sworn for this matter only, by the residue of the same twenty-five.

CHAPTER 56
If we have disseised or deprived the Welsh of their lands or liberties or other goods, without lawful judgment of their peers, in England or in Wales, let these things be forthwith restored, and if a dispute arise upon this, let it be thereafter settled in the march by the judgment of their peers; on tenements in England according to the law of England; on tenements in Wales according to the law of Wales; on tenements in the march according to the law of the march. The Welshmen shall do the same to us and ours.13

CHAPTER 57
In all these matters in which anyone of the Welsh was disseised or deprived without lawful judgment of his peers, by King Henry our father, or King Richard our brother, which we have in our hands, or which others hold, and which we ought to warrant, we will have respite to the common term of the crusaders, those excepted in which our plea has been raised, or inquisition has been made by our order, before we took the cross; but, when we return, or if by chance we wait from our journey, we will show full justice to them thence, according to the laws of Wales, and the aforesaid parties.

CHAPTER 58
We will restore the son of Llewellyn forthwith, and all the hostages of Wales, and the charters which have been delivered to us for the security of peace.

CHAPTER 59
We will do to Alexander, king of Scots, about his sisters, and restoring his hostages, and his liberties, and his right, according to the form in which we have dealt with our other barons of England, unless they are bound to other matters by the charters which we have of William his father, once king of the Scots, and this shall be by judgment of their peers in our court.

CHAPTER 60
All these aforesaid customs and liberties which we have granted to be held in our realm, as far as belongs to us, towards our own, all in our realm, both clergy and lay, shall observe, as far as belongs to them, towards their own.

13 Chapter 56 was retained in the Charter of 1216 but was omitted thereafter.

CHAPTER 61
But since, for the sake of God and for the bettering of our realm, and for better quieting the discord which has arisen between us and our barons, we have ganted all the aforesaid, wishing to enjoy them in pure and firm security forever, we make and grant them the underwritten security: viz. that the barons choose twenty-five barons from the realm, whom they will, who should with all their power keep, hold, and cause to be kept, the peace and liberties which we grant them, and by this our present charter confirm, so that, if we, or our justiciar, or our bailiffs, or any of our servants, do wrong in any case to anyone, or we transgress any of the articles of peace and security, and the offense is shown to four out of the aforenamed twenty-five barons, those four barons shall come to us, or our justiciar, if we are out of the realm, to show the wrong; they shall seek that we cause that wrong to be rectified without delay. And if we do not rectify the wrong, or if we are without the realm, our justiciar does not rectify it within forty days from the time in which it was shown to us or our justiciar, if we are without the realm, the aforesaid four barons shall bring the case before the rest of the twenty-five barons, and those twenty-five barons, with the commonalty of the whole realm, shall distrain and distress us, in every way they can, to wit, by the capture of castles, lands, possessions, and other ways in which they can, till right is done according to their will, saving our person and that of our queen and our children; and, when right is done, they shall obey us as before. And whoever of the land wishes, may swear that he will obey the orders of the aforesaid twenty-five barons, in carrying out all the aforesaid, and that he will distress us as far as he can, with them, and we give publicly and freely license to all to swear who wills, and we will forbid no one to swear. But all those in the land who will not, by themselves and of their own accord, swear to the twenty-five barons about distraining and distressing us with them, we will cause them to swear by our orders, as is aforesaid. And if any one of the twenty-five barons dies, or quits the country, or in any way is hindered from being able to carry out the aforesaid, the remainder of the aforesaid twenty-five barons may choose another into his place, at their discretion, who shall be sworn in like manner with the rest. In all those matters which are committed to the baronsto carry out, if these twenty-five happen to be present and differ on any one point, or others summoned by them will not or cannot be present, that must be had settled and fixed which the majority of those who are present provides or decides, just as if all the twenty-five agreed on it, and the aforesaid twenty-five shall swear that they will faithfully keep all the aforesaid, and cause them to be kept with all their power. And we will ask nothing from anyone, by ourselves or any other, by which any one of these grants and liberties shall be revoked or lessened; and if we do obtain any such thing, it shall be vain and void, and we will never use it by ourselves or by another.

CHAPTER 62
And all ill will, wrath, and rancor, which has arisen between us and our men, clerics and laymen, from the time of the discord, we fully have remitted and condoned to all. Besides, all the offenses done by reason of the same discord, from Easter in the sixteenth year of our reign to the renewal of peace, we wholly remit to all, clerics and laymen, and as far as we are concerned fully have condoned. And, moreover, we have caused letters patent to be made to them, in witness of this, of lord Stephen, archbishop of Canterbury, of lord Henry, archbishop of Dublin, and of the aforesaid bishops, and of Master Pandulf, as the aforenamed security and grants.

14 Several chapters were added in 1217 that regulated the sheriff's tourn (tour through the hundreds, or subdivisions, of a county to hold court) and view of frankpledge; made it illegal for anyone to give land to a religious house and receive it back to hold as a tenant; established that scutage should be taken as it had been during the reign of King Henry II (1154–1189); and decreed that all adulterine castles (castles built without the king's permission) that had been erected since the beginning of the war between John and the barons should be destroyed. All but the last chapter were retained in 1225.

CHAPTER 63
Wherefore we will and firmly order that the English church should be free, and that the men of our realm should have and hold all the aforenamed liberties, rights, and grants, well and in peace, freely and quietly, fully and completely, for them and their heirs, from us and our heirs, in all things and places, forever, as is aforesaid. It is sworn both by us, and on the part of the barons, that all these aforesaid shall be kept in good faith and without ill meaning. Witnesses, the above-named and many others. Given by our hand, in the meadow which is called Runnymede, between Windsor and Staines, on the fifteenth day of June, in the seventeenth year of our reign.14


Magna Carta
BIBLIOGRAPHY
Emerging as a thirteenth-century agreement between crown and aristocracy, the language of Magna Carta (literally, “great charter”) proved pregnant with meaning for later generations. The charter came to be seen as representing wider legal and political principles, especially those of lawful and limited government.

The charter was drafted against a backdrop of complex political and military disputes. At the center of each was King John (c. 1167–1216), the Plantagenet ruler of England, Wales, Ireland, and much of northern France. A descendant of the Normans who had conquered England a century earlier, John would become the first to reside permanently in England. He was crowned king in 1199 and immediately faced competing claims on his French territories, not least those of King Philip II (1165–1223) of France. In a series of wars with Philip and his allies, John lost much of his continental holdings by 1204. The following years saw him invade successively—and more successfully—Scotland, Ireland, and Wales. To exacerbate these military demands, John fell foul of Pope Innocent II (d. 1143). In 1207 the king contested the pope’s nominee for archbishop of Canterbury, Stephen Langton (c. 1150–1228). As a result, the pope placed England under an interdict on religious worship, excommunicated the king, and sided with Philip.

In attempting to pay for his military activities, John imposed increasing financial demands on the Anglo-Norman aristocracy. Combined with complaints about royal interference with the administration of justice, the result was rebellion against the king. In 1212 John acquiesced to the pope, agreeing to surrender his kingdoms to the papacy as feudal overlord and repurchasing them from him. An invasion of England was narrowly avoided the following year when the French fleet was destroyed. John then invaded France in 1214 in the hope of reclaiming his territories there. He suffered a major defeat at Bouvines, resulting in the loss of most of his remaining continental possessions.

John soon faced additional problems within England. Encouraged by Archbishop Langton, the Anglo-Norman barons there remonstrated against the king’s financial demands and judicial interference. In May 1215 they took London by military force. A truce was sought and representatives met at Runnymede, a meadow west of London on the river Thames, in June 1215. After much discussion, they agreed to a document of compromises called the Articles of the Barons. This was superseded by the charter subsequently known as Magna Carta. Formally, Magna Carta was a royal letter written in Latin dealing with a wide variety of issues: the freedom of the church, feudal customs, taxation, trade, and the law. This was not the first attempt to limit political power by a written charter. In England, for example, the Charter of Liberties issued by Henry I (c. 1068–1135) predated Magna Carta by over a century. Magna Carta was also similar to contemporaneous continental charters and legislation. Many of its rules came from a common pool of European political and legal thought, not least the canon law of the church. In the short term, the most potentially radical element of Magna Carta was probably the provision for a commission of barons to ensure royal compliance. But this came to nothing. Contrary to subsequent interpretation, it had little to do with the lesser landholders or the vast peasantry of England.








Must we fight for our rights... Again?

John renounced Magna Carta almost immediately. The pope, too, issued a papal bull against the agreement because it had been imposed by force. Civil war returned.

Numerous barons now aligned themselves with Louis (1187–1226), Philip’s son and later Louis VIII of France, who invaded England in May 1216 with a significant army. Louis subsequently occupied London, where he was received enthusiastically by the barons and was proclaimed king of England. John made some military gains, but died of dysentery in October 1216. With his death, the barons’ complaints were less pressing. John’s nine-year-old son, Henry III (1207–1272), was seen as more politically malleable and was crowned English king. His regent, William Marshall (c. 1146–1219), one of the signatories of Magna Carta, revised and reissued the document in November 1216. Marshall was also able to convince most of the rebellious barons to renew their loyalty to the crown, ending the war. In 1217 a treaty was signed, and Louis left England. Another revision of Magna Carta that year separated the document into two sections: a brief Charter of the Forest concerning the royal forests, and the remaining text, the larger Magna Carta. Henry III reissued a still shorter version of Magna Carta in 1225. This version was confirmed by Edward I (1239–1307) in 1297.

The vague wording of Magna Carta, combined with changing social structures, meant that its text was continually reinterpreted. This is already evident in the fourteenth century. In general, the charter was largely ignored for centuries. By the seventeenth century, however, it took on greater significance in conflicts between king and Parliament. Lord Chief Justice Edward Coke (1552–1634) was especially important in popularizing the belief in Magna Carta’s wider constitutional principles. With parliamentary ascendancy in the late seventeenth century, it continued to play an important role in debates both in and out of Parliament. In the eighteenth century, Magna Carta served as a touchstone for American independence and constitutional government. In England, the nineteenth century brought a more balanced assessment of its historical meaning and the removal of most of its antiquated provisions from English law.

The document retains a deeply symbolic importance throughout the English-speaking world. The American Bar Association erected a monument at Runnymede in 1957. In May 2003 the Australian Parliament opened Magna Carta Place in Canberra. In the early twenty-first century, four copies of the original charter remain: two in the British Library and one each in the cathedral archives at Lincoln and Salisbury.