Magna Carta facts for kids
The Magna Carta was a document signed by King John after negotiations with his barons and their French and Scots allies at Runnymede, Surrey, England in 1215.
There they sealed the Great Charter, called in Latin Magna Carta. It established a council of 25 barons to see John keep to the clauses, including access to swift justice, parliamentary assent for taxation, scutage limitations, and protection from illegal imprisonment.
Because he was forced to seal the charter, John sought approval to break it, from his spiritual overlord Pope Innocent III. Denouncing it as "not only shameful and demeaning but also illegal and unjust", the Pope agreed. The Magna Carta is still considered one of the most important documents ever written, having inspired the way we view issues of justice and liberty and influenced laws regarding such throughout the world.
The Magna Carta has influenced English law down to the present day. It is one of the most celebrated documents in the History of England. It is recognized as a cornerstone of the idea of the liberty of citizens.
Contents
Content
The Magna Carta contains 63 clauses written in Latin on parchment. Only three of the original clauses in Magna Carta are still law today. One defends the freedom and rights of the English Church, another confirms the liberties customs of the City of London and other towns. This clause (translated) is the main reason the Carta is still famous:
- "No free man shall be seized, imprisoned, stripped of his rights or possessions, outlawed, exiled. Nor will we proceed with force against him except by the lawful judgement of his equals or by the law of the land. To no one will we sell, to no one deny or delay right or justice".
This clause limits the power of rulers, and introduces the idea of lawful process and the idea of a jury. The BBC summarised the main points of the document as:
- No one is above the law, not even the king.
- Everyone has a right a fair trial.
- No taxation without representation.
The BBC said the Magna Carta "established a number of important principles, which have been copied around the world... It inspired the US Constitution and the Universal Declaration of Human Rights".
History
The origin is in the medieval feudal system, in which the King's word was law. It solved, at the time, a conflict between King John and his main men: the barons and bishops. Dispute grew between the barons and bishops and King John over taxes and disputes with the Pope.
The barons chose their time to put John under pressure. John had lost a battle against the French, been excommunicated by the Pope (1209–1213), and feared civil war at home. He met the barons at Runnymede, 20 miles south-west of London, in June 1215. The negotiation was managed by John's half-brother, William Longspée, and Elias of Dereham, steward to the Archbishop of Canterbury, Stephen Langton.
The content of the Carta was designed to re-balance power between the King and his subjects, but especially between John and the barons. When King John set his seal on Magna Carta he conceded the fundamental principle that even as king he was not above the law. That meant kings would not have as much power as they did before. The Carta also laid down rules of inheritance, and that convictions required some kind of official process. It stated that people had rights not to be unlawfully imprisoned. In other words, the king is bound to rule within the law.
Copies
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. Slight variations exist between the surviving copies, and there was probably no single "master copy". 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. Each of these versions is slightly different in size and text, and each is considered by historians to be equally authoritative.
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. 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. 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, 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. 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. This is the only surviving 1215 copy still to have its great seal attached.
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. 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. 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.
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. It was put on display in 1976 in the cathedral's medieval library. 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. In 2009 it returned to New York to be displayed at the Fraunces Tavern Museum. 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.
The fourth copy, held by Salisbury Cathedral, was first given in 1215 to its predecessor, Old Sarum Cathedral. Rediscovered by the cathedral in 1812, it has remained in Salisbury throughout its history, except when being taken off-site for restoration work. 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. 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.
Clauses in detail
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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 Revision (Ireland) Act 1872. |
3 | Regulated the operation of feudal relief and minors' coming of age. | Y | Repealed by Statute Law Revision Act 1863 and Statute Law Revision (Ireland) Act 1872. |
4 | Regulated the process of wardship, and the role of the guardian. | Y | Repealed by Statute Law Revision Act 1863 and Statute Law Revision (Ireland) Act 1872. |
5 | Forbade the exploitation of a ward's property by his guardian. | Y | Repealed by Statute Law Revision Act 1863 and Statute Law Revision (Ireland) Act 1872. |
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 Revision (Ireland) Act 1872. |
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 Revision (Ireland) Act 1872. |
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. |
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. |
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. |
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. |
18 | Defined the authority and frequency of county courts. | Y | Repealed by Civil Procedure Acts Repeal Act 1879. |
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 Revision (Ireland) Act 1872. |
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 Revision (Ireland) Act 1872. |
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 Revision (Ireland) Act 1872. |
23 | Limited the right of feudal lords to demand assistance in building bridges across rivers. | Y | Repealed by Statute Law (Repeals) Act 1969. |
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. |
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. |
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 Revision (Ireland) Act 1872. |
29 | Regulated the exercise of castle-guard duty. | Y | Repealed by Statute Law Revision Act 1863 and Statute Law Revision (Ireland) Act 1872. |
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 Revision (Ireland) Act 1872. |
31 | Prevented royal officials from requisitioning timber without the owner's consent. | Y | Repealed by Statute Law Revision Act 1863 and Statute Law Revision (Ireland) Act 1872. |
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. |
33 | Ordered the removal of all fish weirs from rivers. | Y | Repealed by Statute Law (Repeals) Act 1969. |
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 Revision (Ireland) Act 1872. |
35 | Ordered the establishment of standard measures for wine, ale, corn, and cloth. | Y | Repealed by Statute Law Revision Act 1948. |
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. |
37 | Regulated the inheritance of Crown lands held by "fee-farm". | Y | Repealed by Statute Law Revision Act 1863 and Statute Law Revision (Ireland) Act 1872. |
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 Revision (Ireland) Act 1872. |
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. | 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. |
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 Revision (Ireland) Act 1872. |
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 Revision (Ireland) Act 1872. |
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". | 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 Revision (Ireland) Act 1872. |
55 | Established a process for remitting any unjust fines imposed by the King. | N | Repealed by Statute Law Revision Act 1863 and Statute Law Revision (Ireland) Act 1872. |
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. |
63 | Stated that the charter was binding on King John and his heirs. | N | Sometimes considered a subclause, "Suffix B", of clause 61. |
Clauses remaining in English law
Only three clauses of Magna Carta still remain on statute in England and Wales. 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). In detail, these clauses (using the numbering system from the 1297 statute) state that:
- 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.
- 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, and all other Ports, shall have all their Liberties and free Customs.
- 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.
Images for kids
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King John on a stag hunt
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A contemporaneous mural of Pope Innocent III
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The Articles of the Barons, 1215, held by the British Library
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The Charter of the Forest re-issued in 1225, held by the British Library
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The 1225 version of Magna Carta issued by Henry III, held in the National Archives
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1297 version of the Great Charter, on display in the National Archives Building in Washington, D.C.
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Magna Carta replica and display in the rotunda of the United States Capitol, Washington, D.C.
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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.
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A 1297 copy of Magna Carta, owned by the Australian Government and on display in the Members' Hall of Parliament House, Canberra
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King John holding a church, painted c. 1250–1259 by Matthew Paris
See also
In Spanish: Carta Magna para niños