Program Title ______________________________________________________________________________________________________________

Date Presented Inn Year

Presenting Inn ___________________________________________________________________________ Inn Number ________________________

Inn City _______________________________________________________________ Inn State ____________________________________________

Contact Person _________________________________________________________ Phone ______________________________________________

E-mail Address _____________________________________________________________________________________________________________

Program Summary:Be concise and detailed in summarizing the content, structure, and legal focus of your program. Please attach additional sheets if necessary.

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

Program Materials: The following materials checklist is intended to insure that all the materials that are required to restage the program are included in the materials submitted to the Foundation office. Please check all that apply and include a copy of any of the existing materials with your program submission:

Script Articles Citations of Law Legal Documents Fact Pattern List of Questions Handouts

PowerPoint Presentation CD DVD Other Media (Please specify) ___________________________

Specific Information Regarding the Program:

Number of participants required for the program Has this program been approved for CLE? Yes No

Which state’s CLE? How many hours? Pending Approved

Recommended Physical Setup and Special Equipment:i.e., DVD and TV, black board with chalk, easel for diagrams, etc.

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

Comments:Clarify the procedure, suggest additional ways of performing the same demonstration, or comment on Inn members’ response regarding the demonstration.

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

THIS FORM IS AVAILABLE FOR DOWNLOAD ON OUR WEBSITE: WWW.INNSOFCOURT.ORG

Magna Carta Program Contest Submission Form

225 Reinekers Lane, Suite 770 Alexandria, Virginia 22314703-684-3590 Fax 703-684-3607www.innsofcourt.org

Agenda of Program:List the segments and scenes of the demonstration and the approximate time each item took; i.e., “Introduction by judge (10 minutes).”

Item Time

Magna_Carta_Program_Submission_Form.indd [6/2014]

Roles:List the exact roles used in the demonstration and indicate their membership category; i.e., Pupil, Associate, Barrister or Master of the Bench.

Role Membership Category

Describe how your program fits the Magna Carta Program Contest Criteria:

Entertaining: How was the program captivating or fun?

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

Creative and Innovative: How did the program present legal issues in a unique way?

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

Educational: How was the program interesting and challenging to all members?

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

Quality of Research: Does the program contain complete research?

__________________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________________

Questions:Please contact Christina Hartle at (703) 684-3590 ext 105 or by e-mail at chartle@innsofcourt.org.

Please include ALL program materials. The committee will not evaluate incomplete program submissions.

SPAMALAW: THE QUEST FOR THE MAGNA CARTA CALLAHAN INN OF COURT

MARCH 12, 2015

SUPPLEMENTAL MATERIALS PROGRAM SUMMARY Based on the suggestion of the National Inn, we celebrated the 800th anniversary of the Magna Carta, by presenting a play in one act based on this ancient charter. Titling our play “Spamalaw: The Quest for the Magna Carta,” we used an adaptation of the musical Spamalot (itself an adaptation of the movie, “Monty Python and the Holy Grail”) as our template. Our rendition of the story substituted the Magna Carta for the Holy Grail and involved King Arthur searching to discover this charter after being assigned this quest by God. The play begins with Arthur gathering his knights at the Court of Callahan to celebrate and defend his “Spamalaw” – our code word for the King’s ultimate authority over all matters of law and state. As in the real history of the Magna Carta, the king’s barons are demanding to limit his authority and Arthur wants to keep his exclusive power and has gathered knights for that purpose. As the group celebrates this Spamalaw with song and dance, God appears. Promising a new way to bring peace to the kingdom, she dispatches the king and his knights on a quest to find the Magna Carta. The story develops with two scenes where Arthur and then Lancelot have encounters with commoners and nobles who expose them to ideas and themes from the actual medieval charter. After these encounters, the knights and king reconvene at Callahan in the final scene where God reveals that they have indeed found the sum and substance of the Magna Carta. The physical document is then produced from under the chair of a random person in the audience. Arthur reads the document and after some hemming and hawing over its language puts his royal seal to the charter (with fingers crossed behind his back.) The play concludes thereafter with a celebration of sorts. The cast gathers and invites the audience to join in singing the “Schoolhouse Rock” song “We The People” to emphasize the ideals passed down from the Magna Carta to the present day.

At the conclusion of the play our discussion involves the entire cast. Our group leads a question and answer session where the audience is quizzed about various aspects of the Magna Carta, many of which have been referenced in the play.

COMMENTS

Our team presented the material on the Magna Carta in a one act play. This format allowed for discussion at the end of the program after the audience had been exposed to various ideas and themes from the Magna Carta. As an alternative, this skit could be divided into more than one act with discussion of various important provisions from the Magna Carta during each break. We opted for the discussion at the end of the play with a trivia/question and answer session involving the entire cast of the play rather than using an individual moderator. Each member of the cast asked two or three questions of the audience from prepared notecards and we awarded the first correct response with a candy bar. This was the first time that such a format for discussion was used during one of our Inns presentations. Our Inn members provided very favorable comments and reacted positively to the way that we presented our discussion. As an alternative to our approach, the discussion could be led by a single historian or moderator who could discuss various aspects of the Magna Carta with the audience both by referencing key issues portrayed during the skit and by questioning the audience regarding its practical significance in the modern world. Other issues and questions based on the Magna Carta itself and its historical context could also be incorporated into the discussion.

ROLES Cast: Actors: Membership Category God Angela Hayes Master King Arthur Scott Porter Barrister Sir Lancelot Brian Lafferty Barrister Sir Galahad Ron Northup Master/Judge Sir Robin Patrick Piggott Master Patsy Erin Castillo Barrister Robin’s Squire Erin Castillo Barrister Concord Erin Castillo Barrister Dennis Richie Aranda Barrister Dennis’ Mother Deborah Martinez Student Herbert Parker Shelton Associate Father of Herbert Paul Quiron Student Guard 1 Mike Kronlund Master Guard 2 Ron Northup Master/Judge Sir-not-appearing-in-this-show Parker Shelton Associate Historian/Moderator Max Steinheimer Master AGENDA OF PROGRAM

Item Time One Act Play 45 minutes Discussion/Q & A 15 minutes

DESCRIBE HOW YOUR PROGRAM FITS THE MAGNA CARTA PROGRAM CONTEST CRITERIA: ENTERTAINING First and foremost, when our group decided to take on the task of presenting a program based on the Magna Carta, we focused on having an entertaining program both for the audience and our cast. Unlike most other Inns programs -- traditionally based on ethical issues, professionalism, and civility – we opted for a historical look at the Magna Carta. Knowing that such material could be dry and tedious, we adapted the story from the classic movie, “Monty Python and the Holy Grail” as performed in the musical Spamalot. Using that musical as a loose backdrop, we were able to fashion a humorous version of the development of the Magna Carta. Our use of props was very basic, but effective. We decorated the court room in a castle motif and used a small "round" table as a prop during two of the scenes. All of the cast members wore appropriate costumes, matching those from the actual movie. Background music and some sound effects were provided with an iPad and wireless speaker. In our interpretation of events, King Arthur seeks the Magna Carta, rather than the Holy Grail. Although tasked by God to this purpose, King Arthur is reluctant to allow his barons and common people to obtain powers once exclusively held by the crown. Even in the end, Arthur signs the document with his fingers crossed behind his back, helping to illustrate that King John in 1215 was none too happy with the limitations placed on his power and the fact that the original Magna Carta only lasted for a few weeks. In terms of entertainment, our play included singing and dancing in several scenes; special effects; a quick wedding; and even the surprise use of one of the audience members. We kept it light, fun and humorous, but our adaption of the story tried to stay thematically and historically true to the ideas and themes expressed in the actual charter. Again, unlike most other presentations at our Inn, we presented this play one act, giving the skit a cohesive and complete story with five distinct scenes. Overall, we had a great time performing Spamalaw and the audience seemed to thoroughly enjoy the play.

CREATIVE AND INNOVATIVE As indicated previously, our program presented legal issues in a historical context, unique to other skits performed at our Inn. By using the musical Spamalot, as a backdrop for the story and characters, we were able to incorporate the significant ideas and themes of the Magna Carta into our play. Although we used portions of the musical Spamalot as a template for our own play, we creatively worked in themes and ideas from the Magna Carta during each of these scenes. This allowed us to keep the original flavor of the musical and movie while presenting pieces of this historical document in a humorous way. EDUCATIONAL

Presenting a program based on the Magna Carta is challenging because it does not easily fit into the standard mold for presentations to the members of our Inn. Typically, Inns programs revolve around ethical or professional dilemmas with discussion serving as a way for the Inn members to hear the various opinions and viewpoints of the moderator and those in attendance. In celebration of its 800th anniversary, we chose to present a program based on the Magna Carta in a historical context. Obviously, the actual Magna Carta was signed by King John in 1215, not King Arthur, after pressure from his barons. However, in our play, King Arthur, like King John, struggled with ceding power to his barons or the common people of his kingdom. In each of our scenes, we were able to portray this struggle and conflict, resulting in the King agreeing to the terms of the Magna Carta, albeit reluctantly. Our use of a question and answer session during the discussion portion of the presentation, allowed us to provide additional educational and historical explanations for the provisions from the Magna Carta.

QUALITY OF RESEARCH In writing the script and performing our program we attempted to remain true to the ideas and themes from the actual Magna Carta. In order to do this, we conducted fairly extensive research on the document. Obviously, a complete package of such research on this charter could include thousands of pages of historical documents and references beginning even prior to its execution and in the various iterations of this charter that happened after the Magna Carta. We chose to focus on several of its most important features such as the development of the ideas relating to due process and the rule of law. We were able to tweak scenes from Spamalot to help portray these ideas. Our research materials are attached under separate cover.

Cast: Actors:

God ------------------- Angela Hayes

King Arthur ---------- Scott Porter Sir Lancelot ---------- Brian

Lafferty Sir Galahad ---------- Parker

Shelton (guest starring)

Sir Robin ------------- Patrick Piggott (also guest starring)

Patsy ------------------ Erin Guy Castillo

Robin’s Squire ------ Erin Guy Castillo

Concord -------------- Erin Guy Castillo

Dennis --------------- Richie Aranda

Dennis’ Mother ----- Deborah Martinez

Herbert --------------- Connor Shelton

Father of Herbert --- Paul Quiron Guard 1 -------------- Mike

Kronlund Guard 2 -------------- Ron

Northup Sir-not-appearing –in-this-show

Connor Shelton

Historian/Moderator Max Steinheimer

Writer --------------- Ron Northup

Shamelessly

adapted from the

musical,

Spamalot, which

was in turn,

lovingly ripped

off from the

movie, Monty

Python and the

Holy Grail.

The Magna Carta!!

We the people,

In order to form a more perfect union,

Establish justice, insure domestic tranquility, Provide for the common

defense, promote the general welfare and secure the

blessings of liberty to ourselves and our posterity

Do ordain and establish this Constitution for the United States of America.

Spam-A-Law:

The Quest for the

Magna Carta

Callahan Inn of Court:

March 2015

Spamalaw: The Quest for the Magna Carta (Shamelessly adapted from the musical, Spamalot which was in turn, loving ripped off from the movie, Monty Python and the Holy Grail). Cast: Actors: God Angela Hayes King Arthur Scott Porter Sir Lancelot Brian Lafferty Sir Galahad Ron Northup Sir Robin Patrick Piggott Patsy Erin Castillo Robin’s Squire Erin Castillo Concord Erin Castillo Dennis Richie Aranda Dennis’ Mother Deborah Martinez Herbert Parker Shelton Father of Herbert Paul Quiron Guard 1 Mike Kronlund Guard 2 Ron Northup Sir-not-appearing-in-this-show Parker Shelton Historian/Moderator Max Steinheimer Set: Castle walls decorate the courtroom. ACT 1 SCENE 1: Historian: It is the year of our Lord 1215. King Arthur rules over a kingdom in conflict. By divine right, he controls everything from the courts to the transfer of property and estates – even the marriage of the daughters or widows of the nobility. The landed lords, who owe fealty to the king, resent him for raising their taxes and forcing them to send knights or additional money to pay the debts that the crown has incurred in its various wars, crusades and castle building projects. The situation has led to open rebellion. To quell this uprising and shore up his power base, King Arthur travels the country seeking knights to join him at his Court of Callahan. [From the back of the stage, King Arthur comes out "riding a horse,” with his servant Patsy riding behind him. Patsy is banging cocoanuts to make the hoof noise.] Arthur ("Riding" in place): Steady… And… Over we go (The "Horse" jumps over an obstacle). Well taken, Patsy. (The horse performs various riding tricks) And… woooooow! (The horse stops. Arthur dismounts) Very good. Arthur: [Calling to the wall of a castle]. Hello? Hello? [A guard appears at the castle wall]

Guard 1: Who goes there? Arthur: I am Arthur, king of the Britons, lord and ruler of all. Of England and Scotland and even tiny little bits of Gall. Guard 1: And I'm the emperor of Norway, bugger off. Patsy: He is Arthur, king of the Britons, and we are out seeking men. Very strong men and very able- Arthur: To sit at our very-very-very round table. Guard 1: What is it that you want? Arthur: I'm looking for men. Guard 1: I had a feeling… Arthur: We’ve ridden the length and breadth of the land in search of knights to join me in my court at Callahan and defend my divine right of kingship against a group of upstart Barons and petty nobles who would see my kingly authority limited. Now will you please bring out your lord and master so that I may discuss these matters with him. Guard 1: What, ridden on a horse? Arthur: Yes. Guard 1: You're using cocoanuts! Arthur: What? Guard 1: You've got two empty halves of coconuts and you're banging them together.

Arthur: So? These ungrateful nobles won’t pay their taxes and they covet my powers. They would tear down Callahan herself, if I let them. For this reason, we have ridden since the snows of winter covered this land, through the kingdom of Mercea. Through- Guard 1: Where did you get the cocoanuts? Patsy: We found them. Guard 1: Found them? In Mercea. The coconut's tropical! Arthur: What do you mean? Guard 1: Well, this is a temperate zone. Arthur: The swallow may fly south with the sun, or the house martin may seek warmer lands in winter, yet these are not strangers to our land. Guard 1: Are you suggesting coconuts migrate? Arthur: Well, uh, no, but before you start lecturing me about weight ratios and the air speed velocity of various birds, let me just tell you that my trusted squire, Patsy, found the coconuts on Amazon. They were delivered by a nice migratory UPS driver with two day shipping. Guard 1: Huh? Arthur: Anyway, none of that matters. I’m in need of good and true men who will defend my right -- my Spamalaw. It is the divine authority passed to me by God. Now, I’ve said enough and more. Go tell your master that the Arthur, his king, commands his attendance. Guard 1: Wait a minute, you’ve named your system rules and laws after tins of processed meat? Who enforces this Spamalaw, the FDA? Arthur: (irritated) Please! [A second guard appears in the window of the left sided castle wall]

Guard 2: Did someone say something about spam? I like spam. Guard 1: I hear it’s not very good for you. Guard 2: Neither is bacon, though who could live without it? Guard 1: True. Is not everything better with bacon? Guard 2: Yes. I’ve even heard word of a bacon bikini. Guard 1: You can’t make one of those out of spam. Patsy: I’d like to see the bikini. Arthur: [Glare at Patsy] Look, fine sirs, I'm not interested in the nutritional value or other uses of cured or salted meat. I’m Arthur king of the Britons. By divine authority and ordained right, I rule over these lands, which means that this castle is my property. I demand to speak to your master at once! Guard 2: Do you know what they put in spam? Guard 1: No, and I probably don’t want to. Guard 2: [chuckle] Actually it’s not that bad. It’s full of pork shoulder and ham meat with modified potato starch as a binder, salt, sugar, and sodium nitrite as a preservative. It’s those preservatives that will get you. Guard 1: Well, I still like the stuff, preservatives and all. Guard 2: Me too, but not the internet kind. Guard 1: No. No. I could do without spammers. Always filling my email with garbage. [Arthur gives up and rides out of the stage]. Guard 2: Who was that then?

Guard 1: That's a king. Guard 2: How can you tell? Guard 1: He isn't got manure all over him. SCENE 2: Historian: So, King Arthur traveled from castle to keep, recruiting knights from all corners of the Kingdom to uphold his Spamalaw against those who would see his power weakened. They gather at the Court of Callahan. And here they come -- [As they are introduced by the historian, each comes out onto the stage] Historian: The homicidally brave Sir Lancelot, [Lancelot follows Galahad, but putting his hand in Galahad's arm. Galahad looks at him and Lancelot quickly put his hand on Galahad's shoulder] Historian: Sir Robin, the Not-quite-so-brave-as-Sir-Lancelot, who slew the vicious chicken of Kentucky Fried and who personally wet himself during the finale of Dancing with the Stars. [Robin comes after Lancelot, showing a KFC bucket or rubber chicken he is holding] Historian: The dashingly handsome Sir Galahad. [Galahad puts his hand on Arthur’s shoulder and waves his hair like a model] Historian: And the aptly named Sir Not-appearing-in-this-show. [Sir Not-appearing-in-this-show comes, and hurries to exit] Sir-not-appearing-in-this-show: Sorry… Historian (music starts): Together they formed a band whose names and deeds were to be retold throughout the Centuries... The Knights of the Round Table.

All Knights [With silly dancing movements]: We're knights of the round table We dance when e're we're able We do routines and chorus scenes To keep our peasants stable Stand by our King, he hath no flaw Uphold his rights, it’s Spamalaw. Arthur (spoken): Good knights, thank you for answering my call to arms. Tonight is the night we shine a light, on the mystery of a dark time. Why do they call us the middle ages when nothing yet comes after us? Some day, perhaps 800 years hence, history will speak of a legendary King and his knights of courage and daring! Knights who stood and died at the feet of their divinely ordained King to uphold his Spamalaw against an unlawful rebellion being waged by those barons who would see my supreme authority limited. Arthur: Together, we shall strengthen my kingly rule and bring these barons into line. It all begins here, in Callahan! Lancelot/Robin/Galahad: [in unison] Callahan! Arthur: And remember gentlemen, what happens in the Court of Callahan… Knights: [singing] We're knights of the round table Beside our king we stand Against the lords and barons Who seek to take this land They will not pay their taxes And at the king they caw So we’ll give them our axes To uphold his Spamalaw Knights: We're Knights of the Round Table Arthur: Not days, but Knights Knights: Not dawn, not dusk Not late afternoon But Knights of the Round Table

Arthur: So try your luck in Callahan Run amok in Callahan It doesn't suck in Callahan Especially if you’re the boss of Callahan Knights: We're Knights of the Round Table We dance when we are able We do routines and gory scenes That are too hot for cable Our king can’t sing, but speaks as law Let the barons choke on Spamalaw Arthur: To Spamalaw! ALL: [shouting] To Spamalaw! SCENE 3: [The music stops when a great thunder is heard. The knights kneel as God appears.] God: Arthur! Arthur King of the Britons! Oh, don't grovel! One thing I can't stand is people groveling. Arthur (rising with his knights who keep their heads bowed): Sorry, lord. God: And don't apologize! Every time I try to talk to someone it's 'sorry this' and 'forgive me that' and 'I'm not worthy'… What are you doing dancing around in the Court of Callahan? Arthur: [looking down] Well, lord, these brave and loyal knights have joined me at Callahan to aid my fight against the rebellious barons of my kingdom who don’t want to pay taxes or send me knights to serve in my army. And they want to limit the divine power that you, most holy God, granted to my ancestors and to me. Anyway, we were just celebrating our new alliance around our very round table, with a little song and dance. God: What's that you're doing now? Arthur: I'm averting my eyes, lord.

God: Well, don’t! And stop looking up my skirt! Now, Arthur, King of the Britons, this divine power that you have named your Spamalaw just won’t do. People aren’t going to respect laws that sound like bad meat. Give them something that sounds more weighty like the Ten Commandments and they’ll take notice. Arthur: Uh, I see, I think. God: In the meantime, I have thought up a task for you and your knights. Abide this command and you shall find peace with the barons, deliver this holy land out of the dark ages, and bring about an exciting future where I may watch America’s Got Talent and House of Cards, or maybe the Walking Dead. Lazarus and I should very much love that one. Arthur: Oh, good idea, lord- God: Of course it's a good idea, I'm God you stupid tit! Now listen well, for this shall be your quest: behold Arthur, this is the Magna Carta. [The document appears and unrolls] Arthur: Magna Carta. Does have a certain ring to it. God: See what I mean about names? Now, look well upon this great charter for its words are most sacred and profound. And that is your purpose, Arthur. The quest for the Magna Carta! Arthur: But how will I- God: Speak to your people – both nobles and commoners alike, Arthur. Hear their grievances and complaints for they have wisdom for those who choose to listen. Look, too, within and without yourself. Only in this way shall you find the Magna Carta. Got it? Okay? And get on with it, these law types in the audience don't have all night. [God leaves] Arthur: Praise the lord, we have a quest! Lancelot: To find the Magna Carta!

Robin: To find the MasterCard! Arthur: No, no, the Magna Carta. It’s not a credit card. Galahad: God takes credit? Lancelot: [singing to the tune of the Led Zepplin song] And she’s buying the stairway to heaven? Arthur: No. no. God showed us the sacred object. It’s a document called the Magna Carta. Robin: God the almighty all-knowing has misplaced a scroll? [Galahad is embarrassed, doesn't know what to answer, pulling his shoulders] Lancelot: Apparently. Robin: Doesn't sound very plausible. Since God's all-knowing, she must know where it is. Lancelot: It does seem very careless; there must be other copies she could use. Robin: Yeah, couldn’t she just fax or PDF us another one? Galahad: Or we could just look it up on Wikipedia; maybe post the text on Facebook. Arthur (Standing up): My good knights, this quest is not just about a missing piece of paper or an efile, it's a metaphor. You heard God. We must consult with my people and all look within ourselves. That's where we'll find the Magna Carta. [knights look up and down at each other] Robin: Somebody swallowed it! Arthur: Nobody swallowed it, it's a symbol. [A cymbal is being heard, Arthur gasps.]

Arthur: Look, just go and find it like the good lord commanded. Lancelot to Galahad: [Donning sunglasses and hats, ala Blues Brothers] This is awesome, Galahad. We’re going on a mission from God. [The knights and Arthur leave the stage to begin their quest.] ACT 2 SCENE 1: [Castle Scene in the background. In the front - Dennis, with very dirty clothes is kneeling over the ground. He is digging through something. The audience cannot see his face. King Arthur and Patsy are riding toward him] Arthur: Old woman- Dennis (revealing his face): Man! Arthur: Man, sorry. (Point towards the castle) What lord lives in that castle over there? Dennis: I'm twenty seven. Arthur: What? Dennis: I'm not old! Arthur: Well, I can't just call you 'man'. Dennis (angrily): Well, you could say 'Dennis'! Arthur: I didn't know you are called Dennis. Dennis: Well, you didn't bother to find out, did you? Arthur: Look, I'm sorry about the old woman thing, but really from behind you looked . . . well that matters not, I’m here on a very important mission.

Dennis: Oh I’m sure it’s very important, this mission of yours. Always so important, the ways of lords and kings, but what I'm objecting to is you automatically treating me like an inferior. Arthur: Well, as you’ve rightly reminded me, I AM king. Dennis: Oh, king, eh? Very nice. And how did you get that? By exploiting the workers! By hanging on to outdated imperialist dogma which perpetuates the social and economic differences in our society! If there's EVER going to be any progress- Dennis's mother (enters the stage and coming toward him): Dennis, where have you gone off to now? (Notices Arthur and Patsy) Oh, how do you do? Arthur: How do you do, good lady? Dennis's mother: Oh, I'm the widowed mother of Dennis. (Walks towards Arthur) My late husband dropped dead last Tuesday, which does leave me sadly available. Arthur: I'm Arthur, king of the Britons. Dennis's mother: King of the who? Patsy: The Britons. Dennis's mother: Who are the Britons? Patsy: Well, we all are. We're all Britons and he is your king. Arthur: And as your king, I have come hither at the behest of God herself to find the Magna Carta. Perhaps you good people have seen or heard of such a document. Dennis: Do we look like we could afford paper? We’re digging in the mud. Besides, what would a king want with one of those anyway. Arthur: Good point, man, I mean Dennis, but God has set us on this quest.

Dennis's mother: I didn't know we had a king. I thought we were an autonomous collective. Dennis: You're fooling yourself. We're living in a dictatorship; a self-perpetuating autocracy in which the working classes- Dennis's mother: There you are, bringing class into it again ... Dennis: That's what it's all about ... If only - Arthur: Please, please good people. I am in haste. If you haven’t seen the Magna Carta, perhaps your lord knows something that might aid me. Dennis's mother: We don't have a lord. Arthur: You have no lord? How can this be? I mean, without a lord, who stands as your protector and makes your decisions. How also do you govern yourselves? Dennis: What do we have to protect? This pile of mud? Anyway, as for decisions, it’s simple really. We're an anarcho-syndicalist commune, we take it in turns to act as a sort of executive officer for the week. Arthur: Hang on, Dennis, this is feudal England. Serfs like you pay fealty to your lords. In return, they guide and protect you, as might a father to a son. And where does your king fit in? Dennis’ Mother: His father’s dead. Dennis: And we’ve no use for a king. You see, all the decisions of that officer ... Patsy: Now, good Dennis, don’t forget that you’re speaking to a king. Dennis’ Mother: Well, we don’t need one of those. Arthur: No use for a king! You two are starting to sound like my rebel barons. Dennis: Uh, as I was saying, the decisions of the executive officer must be approved at a bi-weekly meeting by a simple majority in the case of purely internal affairs.

Arthur: I’ve heard enough of your elections and communes. Now, be quiet! Dennis: ... but a two-thirds majority ... Arthur: Be quiet! I order you to be quiet! Dennis's mother: Order, ey? Who does he thinks he is? Arthur: I am your king! Dennis's mother: Well, I didn't vote for you. Patsy: You don't vote for kings. Dennis's mother: So how did you become a king, then? Arthur: Well, I'll tell you. (Music starts) One day, as I was riding forth from the Court of Callahan, I saw a lady in the lake- Dennis: (music stops) Wait a minute. Is this the part where you tell us some lady in the water handed you a magic sword? Arthur: Well, a light sabre actually. Dennis: Don’t you mean Excalibur? [Dennis nods to his mother, pointing at Arthur and then making a sign with his hand which means he thinks Arthur is crazy] Arthur: Well, uh, either way, that's why I’m your king. Dennis: Listen, whether you came by this weapon from Obi-Wan or a woman in a pond – that’s no basis of a system of government! Supreme executive power derives from a mandate from the masses, not from some farcical aquatic ceremony.

Arthur: It's not an ordinary sword. How many swords glow in the dark? [Dennis stares at him] Dennis: Let’s get back to the issue at hand. You’ve been searching for this sacred document right? Arthur: Yes. Dennis: Well, if you want to find the Magna Carta, start by ridding yourself of the notion that you can come by your political power just because some watery tart threw a sword at you! Arthur: But like the lady’s gift [hold up the light sabre], God appointed me to this quest. Can this be so different from the divine providence that made me your king? Dennis: Look, if I said I was an Emperor because some moistened bint had lobbed a scimitar at me, people would put me away! Patsy: Milord, I know that the words of Dennis might sound of treason, but don’t forget that SHE [pointing to the sky] told you to speak to the people. Arthur: You’re right Patsy. Mayhaps Dennis has revealed our first clue into finding the MasterCard. Patsy: Magna Carta, sire. Arthur: Magna Carta. Yes. [turning to Dennis] Well, Dennis, you’ve made some interesting points for me to consider. You may not have seen the Magna Carta, but perhaps its text does contain advice and counsel such as you have given. Not that I would see England turned into an anarcho-syndicalist commune, but I would certainly be willing to place a suggestion box near the Round Table where my loyal subjects could submit their tips and grievances. Dennis: Anonymously? Or would you have our marks set to these suggestions. Arthur: Who would I have to blame -- er, I mean thank for these pearls of wisdom, if the cards aren’t signed, my good man. Dennis: And what of choosing our next ruler.

Arthur: You mean a new way of naming a king? Dennis: Yeah, by vote, as we do it here and not by some soggy old blond with her back lying in a pond. Arthur: [look to Patsy, who nods in agreement] Might work without the lady. Dennis: What you need is an election with representatives chosen by the people. We could call it Parliament or Congress. Arthur: Now let’s not get ahead of ourselves. Dennis: Well, it’s something to think about anyway. Arthur: Yes. And so I shall think on your words good man, for you’ve given me much to ponder. Good day. fellow Britons. Dennis’ mother: I still don’t know what a Briton is. [Arthur and Patsy leave the stage with Dennis and mother] ACT 2, SCENE 2: [Enter Lancelot and his servant, Concord, riding their horses (with coconuts)] Lancelot: Here we go, Concord, and…! Sideways (Riding to the side)! And… Back wise! (Riding backward) And… here we go! [They ride off stage and return after Concord is struck by an arrow with a note. She falls down]. Concord: Message for you, sir. Lancelot: Concord? (Kneeling near Concord) Concord! Speak to me! [Concord doesn’t move and appears to be dead. Lancelot checks the arrow and pulls the note off, reading it]

Lancelot (from the note): To whoever finds this note- I am being imprisoned by my Father who wishes me to marry against my will. Please please please come and rescue me. I'm in the tall tower of Swamp Castle. [Stop reading] At last, at last, at last! A… A… Concord (from the ground): Clue? Lancelot: A Clue, Yes! This could be the sign that leads us to the… Concord: The Magna Carta? Lancelot: The Magna Carta, of course! Brave Concord, you shall not have died in vain. Concord (raises his head): I'm not dead yet, sir. Lancelot: You should not have been- Concord: Mortally wounded? Lancelot: Mortally wounded in vain. Concord: I think I could pull through, sir. Lancelot: Oh, I see. Concord: Actually, I think I'm alright to come with you. Lancelot: No, no, no sweet Concord. Stay here and I shall return as soon as I accomplish this heroic and daring rescue. Concord: Farewell. Lancelot: Farewell, sweet Concord. [Lancelot runs away out of the stage. After he's gone, Concord rises and riding after him, limping.]

Concord: Ouch… Ouch… ACT 2, SCENE 3: [Inside the Swamp castle, Prince Herbert's room. Herbert stands near a window covered in drapes, holding a bow. The two castle guards are standing at the ready, listening to the conversation.] Herbert (singing): Where are you? Where are you? Where are you, my heart's desire? My heart is true, but where are you? Only you can quench the fire. (He drops the bow and starts singing more loudly) Where are you? Where are you-? [Herbert's Father enters] Herbert's Father : Stop it! Stop all that singing! Stop it! Herbert: But father… Father: One day, lad, all this will be yours. Herbert (hiding behind the drapes): What, the curtains? Father : No, not the curtains (putting his arm around Herbert's shoulder, pointing out over the courtroom). All that you can see in this courtroom. Herbert: But Father, I don't want any of that. I'd rather- Father (angrily): Rather what? Herbert (music starts): I'd rather just… sing! (singing) Where are you? Where- Father : Stop that! You're not going to do a song while I'm here. Now listen, in twenty minutes you're going to be married to a girl whose Father owns the biggest tracts of open land in Britain. Herbert: But I don't want land.

Father : Listen, Alice! Herbert: Herbert… Father : Herbert! We live in a bloody swamp. We, uh, you need Princess Lucky’s real estate along with my lands which will someday pass to you and your sons -- assuming my Crummey Trust will help us avoid estate and gift taxes. But even then, the king can take our lands or force me to pay taxes or amercements for his bloody debts. He’s even eliminated our local courts and makes me send knights to his army or pay scutage (scewtage). It’s extortion, plain and simple. Herbert: Scutage. Smutage. You’re always talking about Crummy ole trusts and taxes, but I just want to sing. Father : No it’s a Crummey Trust, not a crummy trust. And of course I’m talking about taxes. Every dollar Arthur takes is one less buck for this wedding of yours. Herbert: But I don't like her. Father : Don't like her? What's wrong with her? She's beautiful, she's rich, she's got huge tracts of land... Herbert: I know, but I want the person that I marry to have a certain... special... something... (start singing) I want to choose my mate Not by the king’s command Or by my father’s hand But from my tender heart So that we shall never part - Father : Cut that out! (music stops, Father 's grabbing Herbert) You're marrying Princess Lucky today and you'd better get used to the idea. (Start leaving, grumbling to himself) Guards! [The two guards come to attention] Father : Make sure the Prince doesn't leave this room until I come and get him. First Guard: Not to leave the room, even if you come and get him. Father : No, no, no, Until I come and get him.

First Guard: Until you come and get him, we're not to enter the room. Father : No! You just stay in here and make sure he doesn't leave. Second Guard: Got it, milord. Father: Right. First Guard: Er ... if ... we ... er ... Father: Yes, what is it?? First Guard: Pardon me, milord, but this talk of passing your lands to the prince got me thinking about the Rule Against Perpetuities and Shelley’s Rule. Father: The Rule Against what? And who’s this Shelley? What does she have to do with guarding the prince? Second Guard: I’ve a cousin named Shelly. First Guard: It’s a rule of property law that still exists, or may soon exist. The way I understand it is that if you set up a life estate, the rule converts the contingent remainder into a vested remainder in the owner of the fee simple. Second Guard: Doesn’t sound very simple. First Guard: It’s a Fee simple, nitwit. Father: And why would a low-born soldier have interest in such matters? First Guard: Well, shouldn’t we commoners have the right to obtain and pass land to our heirs? Or as the prince pointed out, to marry the person of our choosing. Why should only the nobility hold such rights and privileges? Herbert: (Singing) Where are you, oh one of my choosing.

Father: Stop that singing right now [to Herbert]. And as for you guards, I’ll have no more talk of rights. This is feudal England. I’ve sworn fealty to the king and for that I get to keep these lands. Second Guard: Unless, I suppose, he takes your fee simple [look to Guard 1, who nods], or defaults you on an amercement? First Guard: I didn’t know they called it feudalism yet. Father: Now you’ve got me confused. Anyway, you are soldiers, sworn to my service. I provide for your needs and give you protection in exchange for your fealty. Second guard: I thought we were protecting you and the Prince. First Guard: And based on what you were saying to the princess . . . Herbert: Prince! Father: Look, I’ll hear no more talk of fees or rights or Shelley and her bloody rules. Your job doesn’t require a law degree to perform. Just make sure Herbert doesn't leave the room. Second Guard: Uh, about that, milord. Can we rightly hold him here against his will without some kind of hearing or due process? I mean what if he objects to this imprisonment? First Guard: Yeah, or files a writ of habeas corpus? Father: A hearing! Due process! [grab Herbert by the arm] This is my daughter’s corpus. I can do whatever I want with her. Herbert: I’m your son. First Guard: [to second guard] You make a good point. Fairness and all, to Herbert. Father: Enough, I say. Or I’ll show you the meaning of your lord’s fairness. Just keep the blasted girl here.

Herbert: Boy. Second Guard: Boy, right. Good. [Father begins to leave the room. The Guards follow.] Father: [to the Guards] Where are you going? Second Guard: We're coming with you. Father: No, I want you to stay here and make sure he doesn't leave the room. First Guard: Oh, I see, Right. [They take up positions on either side of the door.] Herbert: But, Father - Father: Shut your noise, you! And don't you dare start singing! ACT 2, SCENE 4: [Father exits through the door, angry. From outside there are swords clenching and screams. The guards and Herbert don't move. Then Lancelot enters through the door, his sword in his hand.] Lancelot (ready to fight): Ha! First Guard: You're not to leave the room- [Lancelot strikes the sword in him, he falls down. The same with the second guard. Then Lancelot kneels before Prince Herbert, not looking at him.] Lancelot: Oh, fair one, behold your humble servant, Sir Lancelot, who's come to take you- [He looks up and sees Herbert. He stops and stands up, completely surprised]

Lancelot: I'm terribly sorry. Herbert (happy): You got my note! Lancelot: I… Well, I got A note. Herbert: You've come to rescue me? Lancelot: No, no, no, no. You see, I’m on a quest to find a medieval charter known as the Magna Carta. When I got your note, I thought you might know something of it, seeing as you can obviously read and write. Herbert: I knew someone would come. (start singing to Wizard of Oz music) Somewhere over the rainbow, a brave soul there would be… Someone, lonely as I am, a knight to rescue me. Father (Enters the room): Stop it! Stop it! Stop it! Stop it! (The music stops) Who are you? Herbert: I'm you're son. Father : Not you! Lancelot (embarrassed): I'm… I'm Sir Lancelot, Sir -- Knight of the Round Table. Herbert: He's come to rescue me, Father . Lancelot: Now, let's not jump to conclusions. I’m on a most urgent errand for the king. Say, these are nice curtains (touches them). Herbert: Aren't they? Lancelot: Oh, they're wonderful. Where did you find them? Herbert: Well, there's a little chapel that got them, I'll-

Father (up the stairs): Excuse me! Did you kill those guards? Lancelot: Aaahhh… Oh, yes. Sorry. Father : They cost five pounds each! And for that, they were even throwing in a bit of legal advice. Lancelot: I am awfully sorry, but I AM on the king’s lawful business. You know, oaths and vows and quests and all. Herbert: Don't be afraid of him, Sir Lancelot. I've got a rope here already. (Shows a rope tight to the window. Herbert starts going out of the window, holding the rope.) Father : You've killed eight wedding guests! Lancelot: Yes, yes. You see, the thing is I thought your son here was a lady. Father : Well, I can understand THAT! Lancelot: Uh, yes, anyway, I came here in my quest to find the Magna Carta. Herbert (from the window): Hurry, brave Sir Lancelot! Father: [still not taking notice of Herbert] Do you mean to say you killed the bride's father because the king needs to increase his credit line? Lancelot: Oh dear, I didn't really mean to, but... Father: Didn't mean to? You put your sword right through his head! And you kicked the bride in the chest! Lancelot: Well, she was asking for it. Father : Speaking of credit, this whole mess of yours is going to cost me a fortune.

Herbert (still from the window): I am ready! Let us- [Father takes out his knife and cuts the rope. Herbert falls down the window, screaming.] Father : Now, let me get this straight, you attacked the wedding party based on an unsubstantiated note that you thought might lead you to a holy credit card? Lancelot: Well, not precisely, but it seemed a believable story at the time. Father: [a disbelieving look to the crowd] And you wonder why I don’t want to give the crown any more money! Lancelot: You know, as a knight, I am tasked to uphold the king’s Spamalaw and so -- Father : Spamalaw? Now you’re telling me you’ve ruined this wedding over cans of processed meat? Lancelot: Well, would it make you feel in better if you knew I was on a mission from God [sunglasses]. Father: No it wouldn’t. I didn’t even get to dispute the charges in this note. What of due process and the rule of law? Lancelot: Well, the king’s word is law, milord. Besides, you were holding the prince, against his will. And his right to marry derives from the king. So technically speaking, my attack on the wedding party was Spama-lawful. Father : Spama-lawful? To kill my guests and guards? Guards: (in unison) We’re not dead yet. Lancelot: Well, uh, not in so many words, but -- Father : Sir knight, no one should suffer the arbitrary dictates of a monarch or be punished without due process of law. As a baron of this land, I demand at least that – along with a hefty tax deduction for the losses you caused. And these two fine and intelligent guards here, I should get a smutage credit against next year’s toll. Second Guard: [from ground] Scutage?

First Guard: [Guards get up slowly] Yeah, and while we’re on the subject, Sir Lancelot, we was just discussing the fairness of holding the prince’s corpus against her – I mean his – will and the finer points of property law and estate planning. And we were thinking, shouldn’t we as commoners enjoy certain rights and privileges just as the barons? Second Guard: I have a cousin named Shelley. [everyone looks at the guard and then he shrugs] Lancelot: Well, I have no authority to speak for the king on these matters. Father: Isn’t that convenient. A minute ago, you had no problem going Rambo on my wedding guests, on the king’s authority. Lancelot: Well, I uh, could perhaps, raise your points with King Arthur. Had your son not perished, he might have supported his desire to marry the person of his choosing. Father: His bride was already chosen, along with her huge tracts of land. Lancelot: She did seem quite well off, now that you mention it. Anyway, I wouldn’t count on royal tax credits or rights for commoners. Funny thing, though, I wonder if your legal points are indeed clues to discovering the contents of the Magna Carta. This idea of granting certain rights to all freeman -- rights to which even the king is subject -- may be just what I was looking for. Father : While we’re on the subject, I have a few other things to say about the king. Lancelot: [pondering Father’s words] Hmm. A rule of law. Not just the whim of our king. It’s revolutionary, I say. And had God not set me on the path that brought me to your wedding, I would never have discovered this principle. Father: [Takes Lancelot by the shoulder] When you put it that way, who am I to question the will of God. Now why don’t you join me for a drink so that we can discuss those tax breaks? Lancelot: Sure, but I say, was that entirely necessary? [pointing out the window] I… I do believe you just killed that poor little fellow. Father : Oh, let's not argue about who killed who. After all, I am a recently bereaved Father …

[He starts leaving with Lancelot] Father : …who have just lost his son. My boy Herbert who has just fallen to his death. Herbert [from off stage]: I'm not dead yet. ACT 3 SCENE 1: [The knights all gather together, to tell stories of their adventures.] Historian: And after numerous misadventures, the knights return to their Round Table at Callahan. Each has learned something during their quest for the Magna Carta, but the document itself has not been found. Arthur: My knights how faired your travels? Did any of you happen upon this most holy MasterCard? Lancelot: Magna Carta, sire. Arthur: Oh yes. This Magna Carta. Galahad: We found no such document, your Grace, though we did root out a witch. She weighed the same as a duck. Robin: And I found a shrubbery. Robin’s squire: From which Sir Robin bravely ran away. Arthur: That’s good work men, but shrubberies and witches were not exactly in keeping with our quest. How about you Sir Lancelot? What tales can you share? Lancelot: At this point, sire, on advice of counsel, I think I’ll take the 5th. Arthur: Well, perhaps I myself discovered something of potential value. For you see, I deigned to speak with a lowly peasant named Dennis. A dirty fellow, but he had some interesting ideas about limiting my powers and voting rights and legalizing a green leafy substance. Robin: A shrubbery? [Fearful expression]

Arthur: Not that I would ever agree to these ideas, especially coming from such a person. Were I to limit or grant my authority to my subjects, what would they do with this power? And more to the point, what would I do without it? Lancelot: Well, I don’t know about voting rights, my lord, but I did hear talk of something called due process and the rule of law while attending a wedding. Robin’s Squire: If slaying the guests on the basis of an anonymous note can be called due process. Arthur: You attacked a wedding party? Lancelot: Well, there was a bit of trouble at the pre-party, but let’s not worry about who killed who. I mean, forget not my noble purpose. Galahad: Or that we were on a mission from God. [put on the hat and glasses] Arthur: Yes, about this Magna Carta business, I’ve been having second thoughts about this whole thing. The rule of law? Due process? Power to the people? Electing kings of all things? Such principles just do not square with my Spamalaw. And isn’t this why I gathered all of you together around this very round table. If the Magna Carta promises to bring this to our future -- well, do any of you really think that my subjects should have the right to limit my divine powers or select their own king? Knights: [In unison while shaking their heads] No. Arthur: I mean, what if some representative body refused to pass my budget or approve my health care plans? We could have legislative gridlock and low approval ratings. Robin’s Squire: Your Grace, if I may be so bold, did not God herself appoint you on this blessed task. Surely, her divine direction cannot be ignored. Robin: So can we put Lancelot the homicidal, on trial for attacking the wedding party and killing all those people? Lancelot: Let’s not be too hasty. Herbert was being held against her will. Also, was it not the king’s right to choose a bride for Herbert? And besides, God gave us this quest. Had I not come to the aid of this falsely imprisoned lady, I would not have discovered due process.

Galahad: In a twisted sort of way, he does have a point, sire. Lancelot: Thanks Galahad [scowling at Robin], and besides the baron does not wish to prosecute, though . . . [to Arthur] he did want me to mention a possible tax deduction and a scutage credit. Arthur: Fine. Fine, but as for this quest, I think we all gave it the ole college try. My Spamalaw is working just fine so why don’t we roll in a keg of ale, bring in some dancing girls, and party like it’s 1999. Knights: [in unison] Say it one more time! God: [Enters the stage] Arthur, King of the Britons. Robin’s Squire: Party’s over, oops out of time. Arthur: It’s you, oh lord. [averting eyes] God: Yes King Arthur, ‘tis me again. And what did I tell you about averting your eyes and looking up my skirt? Stop

doing that and listen well for I want to tell you that through your trials and dangers, you have indeed found

the Magna Carta.

Arthur: Then, at last, our quest is truly at an end. [Arthur bows toward] Galahad: [singing] Turn out the lights, the party’s over.

Robin: Did she just say danger? Run away! Arthur: Stand tall and true sir Robin. You’re a knight for Christ’s sake. [make the sign of the cross then turn to God] Pardon me, my lord. Now, most holy spirit, you say we’ve found this Magna Carta, yet I cannot see it. We beseech thee to show us this most sacred charter. God: [God points to the first row of the audience in the preselected seat] It's there! Stand up, loyal believer and reach beneath thine chair. [The man stands up] Robin: Oh sire, look, the Magna Carta!

Lancelot: I told you she could have just shown it to us in the first Act. God: Where would the fun be in all that? Anyway, your search was all part of my divine plan. Arthur: Thank you, oh lord. And the Magna Carta was where you told us to look all along -- with the peasants, my subjects! [Arthur takes the document from the man and shakes his hand.] Robin: How very clever. He reached through the fourth wall. God: Of course, the Magna Carta would be found in the hearts of those who gather together and believe in it. Arthur: [Aside to his knights] Which must be why we never found it, boys. Robin’s Squire: Oh, my king. Shouldn't we reward this humble peasant who's been fortunate enough to be sitting on the Magna Carta? Arthur: Absolutely, bring forward my subject. [The knights clap their hands while Robin’s Squire leads the man to Arthur.] Arthur: How do you do, peasant? Kneel now and give me your name? Man: *says his name* Arthur: *repeats the name*, [Drawing his sword, he taps the Man on the shoulder]: Your name will be revered and renown forever in the annuls of this great Court of Callahan, for you have been nominated for a Connie for best peasant in the Inn. The envelope, please [pointing to Robin’s Squire] [Robin’s squire pulls out an envelope] Robin’s squire: And the Connie goes to… I hope it's for you… *says the man's name*!! [The knights cheer.]

Arthur: Members of the Callahan Inn, let us say thanks to *the man* for producing the Magna Carta, right here, in Stockton. And now we may go. God: Uh, king. I think you’ve forgotten something. Arthur: Oh yes, Lancelot’s pardon. [raise sword and touch it to Lancelots bowed shoulder] So be it. God: [pointing to the scroll] No, Arthur. Have you so soon forgotten the whole point of this play. I meant for you to do more than simply collect the scroll. You must take the provisions of the Magna Carta to heart. To do that, you must first place upon this document your royal seal and swear to abide by its terms and dictates for all eternity. Arthur: Oh yes. That thing. [Reading from the docment] Let me see here [let the scroll roll out – it is long] "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land." Uh, what does disseised mean? Robin: Diseased? As in the pox or plague? Oh, no. Lancelot: It’s disseised, not disease, you nitwit. It means to remove a party from real property lawfully possessed. Arthur: Yes, well, is all this language terribly necessary, oh God? God: Yes, Arthur, now read on. Arthur: Alright. Let’s see. In Chapter 39, it goes on to state that: "To no one will We sell, to no one will We deny or delay, right or justice." Hmm. And this Chapter 60 – granting customs and privileges to the barons and their dependents alike. Perhaps a deletion here and there would still be within the spirit of this task most holy, would it not? God: Arthur, I hold every word to be sacred, so no deletions, erasures, or white-outs. Arthur: Alright. I guess everything looks to be in order and besides, who could say no to the holy spirit. Where do I sign? [signs or stamps it with fingers crossed]

Historian: And so on this day of our lord, June 15, 1215 at Runnymede, on the banks of the River Thames near Windsor, England, King Arthur put his royal seal to the Magna Carta, ending the Spamalaw war with his barons, for about the next ten weeks. Arthur: It is done. [All the knights shout] It is done! It is done! Arthur: Not so loud boys. We don’t need to tweet this news across the kingdom. My subjects might hear you. Dennis: [accompanied by his mother, Herbert and Guards 1 and 2] And so we have heard you, milord. To us, your people, you have granted a great boon. New rights and powers once reserved only to yourself. And from this day forth a new nation will we form. A nation of laws. Maybe even a union of states in some faraway land. Herbert: [dressed in a wedding gown] Or a union of men. And I know just who I’ll choose [takes Dennis’ hand and then they walk as if down the aisle toward the king, to a wedding march. Have the group part into two lines.] Lancelot: [to Galahad] Uh, I wonder which chapter of the Magna Carta covers that kind of union. Dennis: With a Constitution and the Rule of Law to guide and protect us from tyranny. Galahad: And a place to the far left, I mean the far west, where all drug possession charges will become misdemeanors. Robin: Shrubberies [happy]. Robin’s Squire: Maybe he won’t run from those. Lancelot and Galahad: Oh yeah! Herbert: And let us sing of this great country. For one day, we will be a country of free people. A home of the brave. And our song will go something like this . . . First Herbert, then everyone, except Arthur and God [Then start singing “We, the People”] We the people,

In order to form a more perfect union, Father : [At this point in the song, Father comes out]: Stop It. Stop it. No more singing. What’s this nonsense? Herbert I’ve already committed you to the perfect union. And as for you people, you’re fooling yourselves. This treaty with the king won’t last to this 4th of July. And this song won’t be heard on Saturday morning T.V. until Schoolhouse Rock airs in nearly 800 years. Arthur: That may be. Yet, let them celebrate, for one day hence it will be the 800th anniversary of today. So let’s sing and celebrate the Magna Carta. Everyone: The Magna Carta! Herbert: Join me good people behind the fourth wall. [Start singing with the audience.] We the people, In order to form a more perfect union, Establish justice, insure domestic tranquility, Provide for the common defense, Promote the general welfare and Secure the blessings of liberty To ourselves and our posterity Do ordain and establish this Constitution for the United States of America.

Magna Carta Research

1.

http://en.wikipedia.org/wiki/Magna_Carta

Magna Carta (Latin for "the Great Charter"), also called Magna Carta Libertatum (Latin for "the Great

Charter of the Liberties"), is a charter agreed by King John of England at Runnymede, near Windsor, on

15 June 1215.[a] First drafted by the Archbishop of Canterbury 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 justice, and limitations on feudal payments to the Crown, to

be implemented through a council of 25 barons. Neither side stood behind their commitments, and the

charter was annulled by Pope Innocent III, leading to the First Barons' War. 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. Short of funds, Henry reissued the charter again in 1225 in exchange for a grant of new taxes; his

son, Edward I, repeated the exercise in 1297, this time confirming it as part of England's statute law.

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 English Parliament passed new laws, it lost some of its

practical significance. 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. 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 propounded by the Stuart monarchs. Both James I and his son Charles I attempted

to suppress the discussion of Magna Carta, until the issue was curtailed by the English Civil War of the

1640s and the execution of Charles.

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 American Constitution in 1789, which became the

supreme law of the land in the new republic of the United States. 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, 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. Magna Carta still forms an important symbol of liberty today, often cited by politicians and

campaigners, and is held in great respect by the British and American legal communities, Lord Denning

describing it as "the greatest constitutional document of all times – the foundation of the freedom of

the individual against the arbitrary authority of the despot".[1]

In the 21st century, four exemplifications of the original 1215 charter remain in existence, held by the

British Library and the cathedrals of Lincoln and Salisbury. 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. The original charters were written on vellum sheets using quill pens, in a particular style

of abbreviated Latin. Each was sealed with the royal great seal using beeswax and resin, most of which

have not survived. Although academics 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.

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.[2][3] 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.[3] 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.[3]

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

ultimately ended in expensive failure in 1214.[4] Following the defeat of his allies at the Battle of

Bouvines, John had to sue for peace and pay compensation.[5] 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.[6][7][8] A triumph would have strengthened his position, but in the face of his defeat, within

a few months of his return from France John found that rebel barons in the north and east of England

were organising resistance to his rule.[9][10] 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.[11][10][12] The rebel leadership was unimpressive by the standards of the time,

even disreputable, but were united by their hatred of John;[13] Robert FitzWalter, later elected leader

of the rebel barons, claimed publicly that John had attempted to rape his daughter,[14] and was

implicated in a plot to assassinate John in 1212.[15]

Contemporary mural of Pope Innocent III

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.[16] Both sides appealed to Pope Innocent

III for assistance in the dispute.[17] 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.[18][19][20] It was John's hope that the Pope would

give him valuable legal and moral support, and accordingly he 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.[21][17]

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.[16] 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.[22][23]

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.[24] 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.[25] 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.[26] 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.[25][27]

Great Charter of 1215

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

John met the rebel leaders at Runnymede, near both the royal fortress of Windsor Castle and the rebel

base at Staines, on 10 June 1215, where they presented him with their draft demands for reform, the

"Articles of the Barons".[25][27][28] 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".[29][27][28] 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.[28][27]

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.[25][30] 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.[31][9] It

focused on the rights of free men—in particular the barons—excluding serfs and unfree labour.[30][b]

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.[34][35]

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.[36] 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.[37] 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. 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 however novel in that it set up

a formally recognised means of collectively coercing the King.[38] The historian Wilfred Warren argues

that it was almost inevitable that the clause would result in civil war, as it as "was crude in its methods

and disturbing in its implications".[39] 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.[37]

John and the rebel barons did not trust each other, and neither side seriously attempted to implement

the peace accord.[36][40] 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.[41][42][43] Disputes began to emerge between those rebels who had expected the charter

to return lands that had been confiscated and the royalist faction.[44]

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".[45][46] 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.[47][44] As part of the June

peace deal the barons were supposed to surrender London by 15 August, but this they refused to

do.[48] 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.[49] 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.[50][44][51][48]

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.[52][53][44] 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][44][c] The war soon

settled into a stalemate. The King became ill and died on the night of 18 October, leaving the nine-year-

old Henry III as his heir.[55]

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.[58] William knighted the boy, and Cardinal Guala Bicchieri, the papal legate to

England, then oversaw his coronation at Gloucester Cathedral on 28 October.[59][60][61]

The young King inherited a difficult situation, with over half of England occupied by the rebels.[62][63]

He had substantial support though from Guala, who intended to win the civil war for Henry and punish

the rebels.[64] 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.[65][59] 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.[59] As an additional measure, Henry took the

cross, declaring himself a crusader and thereby entitled to special protection from Rome.[59]

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.[66][67] 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.[68][67] 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.[69][70] The move

was not successful, and opposition to Henry's new government hardened.[71]

Great Charter of 1217

In February 1217, Louis set sail for France to gather reinforcements.[72] 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.[73] This declaration resulted in a series of

defections from the rebel movement, and the tide of the conflict swung in Henry's favour.[74] Louis

returned at the end of April, but his northern forces were defeated by William Marshal at the Battle of

Lincoln in May.[75][76]

Meanwhile, support for Louis' campaign was diminishing in France, and he concluded that the war in

England was lost.[77] 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.[78] 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.[79]

In the absence of a settlement, Louis remained in London with his remaining forces, hoping for the

arrival of reinforcements from France.[79] When the expected fleet did arrive in August, it was

intercepted and defeated by loyalists at the Battle of Sandwich.[80] Louis entered into fresh peace

negotiations, and the factions came to agreement on the final Treaty of Lambeth, also known as the

Treaty of Kingston, on 12 and 13 September 1217.[80] The treaty was similar to the first peace offer, but

excluded the rebel clergy, whose lands and appointments remained forfeit; it included a promise,

however, that Louis' followers would be allowed to enjoy their traditional liberties and customs,

referring back to the Charter of 1216.[81] Louis left England as agreed and joined the Albigensian

Crusade in the south of France, bringing the war to an end.[77]

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.[82] 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.[83] There

remained a range of disagreements around 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.[84] 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.[84] 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.[85][86]

Great Charter of 1225

Magna Carta became increasingly embedded into English political life during Henry III's minority.[87] 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.[88] 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.[89][90] 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.[91] 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.[92]

Two years later, 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.[93][94] Henry's army in

Poitou was under-resourced, and the province quickly fell.[95] It became clear that Gascony would also

fall unless reinforcements were sent from England.[96] In early 1225, a great council approved a tax of

£40,000 to dispatch an army, which quickly retook Gascony.[97][98] In exchange for agreeing to support

Henry, the barons demanded that the King reissue Magna Carta and the Charter of the Forest.[99][100]

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.[101][100]

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.[102][103] 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.[104][105] 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.[104][105] In 1253, Henry confirmed the charters once again

in exchange for taxation.[106]

Henry placed a symbolic emphasis on rebuilding royal authority, but his rule was relatively

circumscribed by Magna Carta.[107][61] 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.[107][61] 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.[108] The inconsistency with which he

applied the charters over the course of his rule alienated many barons, even those within his own

faction.[61] 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.[109] 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.[110] 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.[110][61]

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.[111] 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.[112] 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, Prince 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.[113] 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.[114]

Great Charter of 1297: statute

King Edward I reissued the Charters of 1225 in 1297 in return for a new tax.[115] It is this version which

remains in statute today, although with most articles now repealed.[116][117]

The Confirmatio Cartarum (Confirmation of Charters) was issued in Norman French by Edward I in

1297.[118] 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.[119]

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,[115] although the

precise manner of that consent was not laid down.[120] 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",[121] hence the presence of a copy during the month of May 2014 at St

Edmundsbury Cathedral,[122][123][124] and the permanent installation of a copy in Salisbury

Cathedral.[125] 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.[126][127]

With the reconfirmation of the Charters in 1300, an additional document was granted, the Articuli super

Cartas (The Articles upon the Charters).[128] 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 country, 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.[129]

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.[130] 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..."[131][132]

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".[133] 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.[134] 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.[135] 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.[136]

14th–15th centuries

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".[137]

Between the 13th and 15th centuries Magna Carta was reconfirmed 32 times according to Sir Edward

Coke, and possibly as many as 45 times.[138][139] 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.[139] The Charter was confirmed in 1423 by King Henry

VI.[140][141][142]

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.[143] 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.[144]

16th century

During the 16th century, the interpretation of Magna Carta and the First Barons' War shifted.[145]

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.[146]

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".[147] Pro-Catholic demonstrations during the 1536 uprising cited Magna Carta, accusing the

King of not giving it sufficient respect.[148]

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.[149][150][151] An abridged English-language edition was

published by John Rastell in 1527 and, in 1534, George Ferrers published the first unabridged English-

language edition of Magna Carta, dividing the Charter into 37 numbered clauses.[152]

At the end of the 16th century, there was an upsurge in antiquarian interest in England.[148] This work

concluded that there was a set of ancient English customs and laws, temporarily overthrown by the

Norman invasion of 1066, which had then been recovered in 1215 and recorded in Magna Carta, which

in turn gave authority to important 16th century legal principles.[153][148][154] Modern historians note

that although this narrative was fundamentally incorrect—many refer to it as a "myth" – it took on great

importance among the legal historians of the time.[154][d]

The antiquarian William Lambarde, for example, 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, albeit

misinterpreting the dates of many documents concerned.[153] Francis Bacon argued that clause 39 of

Magna Carta was the basis of the 16th-century jury system and judicial processes.[159] 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.[160] Those who questioned these

conclusions, including the Member of Parliament Arthur Hall, faced sanctions.[161][162]

17th–18th centuries

Political tensions

In the early 17th century, Magna Carta became increasingly important as a political document in

arguments over the authority of the English monarchy.[163] 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.[156]

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.[156][163][164][165]

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".[156][163][154]

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.[154] 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.[156][166] 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.[167]

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.[168][169] 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.[170][171] 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.[169][172] 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.[173][174]

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.[175] Oliver Cromwell, the Lord Protector, disdained Magna Carta, at one point describing it as

"Magna Farta" to a defendant who sought to rely on it; nevertheless, he accepted some limits on his

powers, agreeing to rule with the advice and consent of his council.[176][177]

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.[178] 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.[179] The Leveller Richard Overton described the charter as "a beggarly thing containing

many marks of intolerable bondage".[180] Both saw Magna Carta as a useful declaration of liberties that

could be used against governments they disagreed with.[181] Gerrard Winstanley, the leader of the

more extreme Diggers, stated "the best lawes that England hath, [viz., the 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."[182][183]

Glorious Revolution

The first attempt at a proper historiography was undertaken by Robert Brady,[184] 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;[185] 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."[186]

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.[187] 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. 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.[188]

Sir William Blackstone published a critical edition of the 1215 Charter in 1759, and gave it the numbering

system still used today.[189] In 1763, Member of Parliament John Wilkes was arrested for writing an

inflammatory pamphlet, No. 45, 23 April 1763; he cited Magna Carta continually.[190] Lord Camden

denounced the treatment of Wilkes as a contravention of Magna Carta.[191] 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.[192]

Use in the Thirteen Colonies and the United States

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."[193] 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.[194] 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.[195] 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.[196]

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.[197] 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.[198]

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.[199] 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.[200]

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.[200] 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.[201] 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."[202] 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.[203][204]

The Supreme Court of the United States has explicitly referenced Lord Coke's analysis of Magna Carta as

an antecedent of the Sixth Amendment's right to a speedy trial.[205]

19th–21st centuries

Interpretation

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.[206] 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.[206][207]

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.[208] In 1904, Edward Jenks published an article entitled "The Myth of Magna Carta",

which undermined the traditionally accepted view of Magna Carta.[209] 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.[210] 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)".[211][212]

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.[208] The Baronial Order of Magna Charta was formed in 1898 to promote the ancient

principles and values felt to be displayed in Magna Carta.[213] 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.[201][214][215]

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".[216]

Repeal of articles and constitutional influence

Radicals such as Sir Francis Burdett believed that Magna Carta could not be repealed,[217] 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),[218] was the first

time a clause of Magna Carta was repealed. Over the next 140 years, nearly the whole charter was

repealed,[219] leaving just clauses 1, 9, and 29 still in force after 1969. Most of the clauses were

repealed in England and Wales by the Statute Law Revision Act 1863, and in Ireland by the Statute Law

(Ireland) Revision Act 1872.[218]

Many later attempts to draft constitutional forms of government trace their lineage back to Magna

Carta. The British dominions, Australia and New Zealand,[220] Canada[221] (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.[222]

Modern legacy

Magna Carta continues to have a powerful iconic status in British society, being cited by politicians and

lawyers in support of constitutional positions.[216][223] 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".[224] 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 the two other surviving clauses actually

concerned the rights of the Church and the City of London.[225][226]

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.[227] 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".[228] 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.[207] 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".[229][230]

The document also continues to be honoured in the United States as an antecedent of the United States

Constitution and Bill of Rights.[231] 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.[232]

Celebration of the 800th anniversary

The 800th anniversary of the original charter will occur on 15 June 2015, and organisations and

institutions are planning celebratory events.[233] The British Library brought together the four existing

copies of the 1215 manuscript on 3 February 2015 for a special exhibition.[234] British artist Cornelia

Parker has been specially commissioned to create a new artwork, which will be unveiled at the British

Library on 15 May 2015 and remain on display until 24 July.[235] The copy held by Lincoln Cathedral was

exhibited in the Law Library of Congress in Washington, D.C., from November 2014 until January

2015.[236] A new visitor centre at Lincoln Castle will also be opened for the anniversary.[237] The Royal

Mint will release a commemorative two-pound coin.[238]

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.[239]

Content

Numerous copies, known as exemplifications, were made of the various charters, and many of them still

survive.[240] The documents were written in abbreviated Latin in clear handwriting, using quill pens on

sheets of vellum made from sheep skin, approximately 15 by 20 inches (380 by 510 mm)

across.[241][242] They were sealed with the royal great seal by an official called the spigurnel, equipped

with a special seal press, using beeswax and resin.[243][242] There were no signatures on the charter of

1215, and the barons present did not attach their own seals to it.[244] The charters were not numbered

or divided into paragraphs or separate clauses at the time; the numbering system used today was

introduced by the jurist Sir William Blackstone in 1759.[189]

Exemplifications

At least 13 original copies of the 1215 charter were issued by the royal chancery at the time, seven in

the first tranche distributed on 24 June and another six later; they were sent to county sheriffs and

bishops, who would probably have been charged for the privilege.[245] Variations would have existed

between each of these copies and there was probably no single "master copy".[246] Of these

documents, only four survive, all held in the UK—two in the British Library, one by Lincoln Cathedral,

and one in Salisbury Cathedral.[247] Each of these versions is slightly different in size and text, and each

is considered by historians to be equally authoritative.[248]

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.[249] One of

these was originally found by Humphrey Wyems, a London lawyer, who may have discovered it in a

tailor's shop.[250] The other was found in Dover Castle in 1630 by Sir Edward Dering. The Dering charter

is usually identified as the copy originally sent to the Cinque Ports in 1215.[251] (In 2015 it was

announced that David Carpenter had found Dering's copy to be identical to a 1290s transcription made

from Canterbury Cathedral's 1215 copy and so he suggests that the Dering copy's destination was the

Cathedral rather than the Cinque Ports.[252][253]) This copy was badly damaged in a fire in

Ashburnham House in 1731, however, and although a facsimile was made of it in 1733, the parchment

itself is now faded and largely illegible.[254] This is the only surviving 1215 copy to still have its great

seal attached, although badly melted in the fire.[255][256]

Lincoln Cathedral's original copy of the 1215 charter 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.[257][247] It was being displayed at the 1939 World Fair in New York when the Second World War

broke out, and it spent the majority of the war in Fort Knox for safety.[258] Winston Churchill wanted to

gift 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.[258] The copy was returned to England and put on display in 1976 as part of the cathedral's

medieval library.[257] It was subsequently 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.[257][259][260] The document returned to New York to be displayed at the Fraunces

Tavern Museum during 2009.[261]

The fourth copy, owned by Salisbury Cathedral, was first given in 1215 to Old Sarum, which was the

original cathedral in the region.[262] Rediscovered by the cathedral in 1812, it has remained in Salisbury

throughout its history, except when being taken off-site for restoration work.[254][263] 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.[263][264][265] 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.[254][240]

Later exemplifications

Other early versions of the charters survive today. Only one exemplification of the 1216 charter survives,

held in Durham Cathedral.[266] Four copies of the 1217 charter exist; three of these are held by the

Bodleian Library in Oxford and one by Hereford Cathedral.[266][267] 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.[268] One of the Bodleian's copies

was displayed at San Francisco's California Palace of the Legion of Honor in 2011.[269] 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.[267][270][271] 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.[272][273] 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.[274]

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.[275]

This copy is now on display in the Members' Hall of Parliament House, Canberra.[276] The second was

originally held by the Brudenell family, earls of Cardigan, before they sold it in 1984 to the Perot

Foundation in the U.S.A., which in 2007 sold it to U.S. businessman David Rubenstein for US$21.3

million.[277][278][279] 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.[280][281] Only two other 1297

exemplifications survive,[282] one of which is held in the UK's National Archives.[283]

Seven copies of the 1300 exemplification by Edward I survive,[282][284] in Faversham,[285] Oriel

College, Oxford, the Bodleian Library, Durham Cathedral, Westminster Abbey, the City of London (held

in the archives at the London Guildhall[286]) and Sandwich (held in the Kent County Council archives).

The Sandwich copy was rediscovered in early 2015 in a Victorian scrapbook in the town archives of

Sandwich, Kent, one of the Cinque Ports.[284] In the case of the Sandwich and Oriel College

exemplifications, the copies of the Charter of the Forest originally issued with them also survive.

Clauses

Most of the 1215 charter and later versions sought to govern the feudal rights of the Crown over the

barons.[287] 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.[287]

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, but many preferred to avoid this service

and offer money instead; the Crown often used the cash to pay for mercenaries.[288] 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.[287]

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.[289] 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.[289] 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 is entitled to a trial overseen by a legally trained judge.[290]

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.[291][292] 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".[291] The size of the forests had

expanded under the Angevin kings, an unpopular development.[293] 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.[294]

Neither Magna Carta nor the subsequent Charter of the Forest proved entirely satisfactory as a way of

managing the political tensions around the operation of the royal forests.[294]

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.[295] 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.[296] 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.[294]

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, however, 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.[297] 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.[298][299] These changes brought the customary rights of lay rulers such as John over

ecclesiastical appointments into question.[298] 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.[287] 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.[287]

Clauses in detail

Magna Carta clauses in the 1215 and later charters

Only three clauses of Magna Carta still remain on statute in England and Wales.[223] These clauses

concern the freedom of the English Church, the "ancient liberties" of the City of London (clause 13 in the

1215 charter, clause 9 in the 1297 statute), and a right to due legal process (clauses 39 and 40 in the

1215 charter, clause 29 in the 1297 statute).[223] 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.[218]

2.

http://www.archives.gov/exhibits/featured_documents/magna_carta/

Magna Carta, 1297: Widely viewed as one of the most important legal documents in the history of

democracy. On display in the new David M. Rubenstein Gallery. Presented courtesy of David M.

Rubenstein.

Magna Carta

"The democratic aspiration is no mere recent phase in human history . . . It was written in Magna Carta."

--Franklin Delano Roosevelt, 1941 Inaugural address

On June 15, 1215, in a field at Runnymede, King John affixed his seal to Magna Carta. Confronted by 40

rebellious barons, he consented to their demands in order to avert civil war. Just 10 weeks later, Pope

Innocent III nullified the agreement, and England plunged into internal war.

Although Magna Carta failed to resolve the conflict between King John and his barons, it was reissued

several times after his death. On display at the National Archives, courtesy of David M. Rubenstein, is

one of four surviving originals of the 1297 Magna Carta. This version was entered into the official Statute

Rolls of England.

Enduring Principles of Liberty

Magna Carta was written by a group of 13th-century barons to protect their rights and property against

a tyrannical king. It is concerned with many practical matters and specific grievances relevant to the

feudal system under which they lived. The interests of the common man were hardly apparent in the

minds of the men who brokered the agreement. But there are two principles expressed in Magna Carta

that resonate to this day:

"No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will

We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the

land."

"To no one will We sell, to no one will We deny or delay, right or justice."

Inspiration for Americans

During the American Revolution, Magna Carta served to inspire and justify action in liberty’s defense.

The colonists believed they were entitled to the same rights as Englishmen, rights guaranteed in Magna

Carta. They embedded those rights into the laws of their states and later into the Constitution and Bill of

Rights.

The Fifth Amendment to the Constitution ("no person shall . . . be deprived of life, liberty, or property,

without due process of law.") is a direct descendent of Magna Carta's guarantee of proceedings

according to the "law of the land."

3.

http://www.archives.gov/exhibits/featured_documents/magna_carta/legacy.html

Magna Carta and Its American Legacy

Before penning the Declaration of Independence--the first of the American Charters of Freedom--in

1776, the Founding Fathers searched for a historical precedent for asserting their rightful liberties from

King George III and the English Parliament. They found it in a gathering that took place 561 years earlier

on the plains of Runnymede, not far from where Windsor Castle stands today. There, on June 15, 1215,

an assembly of barons confronted a despotic and cash-strapped King John and demanded that

traditional rights be recognized, written down, confirmed with the royal seal, and sent to each of the

counties to be read to all freemen. The result was Magna Carta--a momentous achievement for the

English barons and, nearly six centuries later, an inspiration for angry American colonists.

Magna Carta was the result of the Angevin king's disastrous foreign policy and overzealous financial

administration. John had suffered a staggering blow the previous year, having lost an important battle to

King Philip II at Bouvines and with it all hope of regaining the French lands he had inherited. When the

defeated John returned from the Continent, he attempted to rebuild his coffers by demanding scutage

(a fee paid in lieu of military service) from the barons who had not joined his war with Philip. The barons

in question, predominantly lords of northern estates, protested, condemning John's policies and

insisting on a reconfirmation of Henry I's Coronation Oath (1100), which would, in theory, limit the king's

ability to obtain funds. (As even Henry ignored the provisions of this charter, however, a reconfirmation

would not necessarily guarantee fewer taxes.) But John refused to withdraw his demands, and by spring

most baronial families began to take sides. The rebelling barons soon faltered before John's superior

resources, but with the unexpected capture of London, they earned a substantial bargaining chip. John

agreed to grant a charter.

The document conceded by John and set with his seal in 1215, however, was not what we know today

as Magna Carta but rather a set of baronial stipulations, now lost, known as the "Articles of the barons."

After John and his barons agreed on the final provisions and additional wording changes, they issued a

formal version on June 19, and it is this document that came to be known as Magna Carta. Of great

significance to future generations was a minor wording change, the replacement of the term "any

baron" with "any freeman" in stipulating to whom the provisions applied. Over time, it would help

justify the application of the Charter's provisions to a greater part of the population. While freemen

were a minority in 13th-century England, the term would eventually include all English, just as "We the

People" would come to apply to all Americans in this century.

While Magna Carta would one day become a basic document of the British Constitution, democracy and

universal protection of ancient liberties were not among the barons' goals. The Charter was a feudal

document and meant to protect the rights and property of the few powerful families that topped the

rigidly structured feudal system. In fact, the majority of the population, the thousands of unfree

laborers, are only mentioned once, in a clause concerning the use of court-set fines to punish minor

offenses. Magna Carta's primary purpose was restorative: to force King John to recognize the supremacy

of ancient liberties, to limit his ability to raise funds, and to reassert the principle of "due process." Only

a final clause, which created an enforcement council of tenants-in-chief and clergymen, would have

severely limited the king's power and introduced something new to English law: the principle of

"majority rule." But majority rule was an idea whose time had not yet come; in September, at John's

urging, Pope Innocent II annulled the "shameful and demeaning agreement, forced upon the king by

violence and fear." The civil war that followed ended only with John's death in October 1216.

To gain support for the new monarch--John's 9-year-old son, Henry III--the young king's regents reissued

the charter in 1217. Neither this version nor that issued by Henry when he assumed personal control of

the throne in 1225 were exact duplicates of John's charter; both lacked some provisions, including that

providing for the enforcement council, found in the original. With the 1225 issuance, however, the

evolution of the document ended. While English monarchs, including Henry, confirmed Magna Carta

several times after this, each subsequent issue followed the form of this "final" version. With each

confirmation, copies of the document were made and sent to the counties so that everyone would know

their rights and obligations. Of these original issues of Magna Carta, 17 survive: 4 from the reign of John;

8 from that of Henry III; and 5 from Edward I, including the version now on display at the National

Archives.

Although tradition and interpretation would one day make Magna Carta a document of great

importance to both England and the American colonies, it originally granted concessions to few but the

powerful baronial families. It did include concessions to the Church, merchants, townsmen, and the

lower aristocracy for their aid in the rebellion, but the majority of the English population would remain

without an active voice in government for another 700 years.

Despite its historical significance, however, Magna Carta may have remained legally inconsequential had

it not been resurrected and reinterpreted by Sir Edward Coke in the early 17th century. Coke, Attorney

General for Elizabeth, Chief Justice during the reign of James, and a leader in Parliament in opposition to

Charles I, used Magna Carta as a weapon against the oppressive tactics of the Stuart kings. Coke argued

that even kings must comply to common law. As he proclaimed to Parliament in 1628, "Magna Carta . . .

will have no sovereign."

Lord Coke's view of the law was particularly relevant to the American experience for it was during this

period that the charters for the colonies were written. Each included the guarantee that those sailing for

the New World and their heirs would have "all the rights and immunities of free and natural subjects."

As our forefathers developed legal codes for the colonies, many incorporated liberties guaranteed by

Magna Carta and the 1689 English Bill of Rights directly into their own statutes. Although few colonists

could afford legal training in England, they remained remarkably familiar with English common law.

During one parliamentary debate in the late 18th century, Edmund Burke observed, "In no country,

perhaps in the world, is law so general a study." Through Coke, whose four-volume Institutes of the

Laws of England was widely read by American law students, young colonists such as John Adams,

Thomas Jefferson, and James Madison learned of the spirit of the charter and the common law--or at

least Coke's interpretation of them. Later, Jefferson would write to Madison of Coke: "a sounder whig

never wrote, nor of profounder learning in the orthodox doctrines of the British constitution, or in what

were called English liberties." It is no wonder then that as the colonists prepared for war they would

look to Coke and Magna Carta for justification.

By the 1760s the colonists had come to believe that in America they were creating a place that adopted

the best of the English system but adapted it to new circumstances; a place where a person could rise by

merit, not birth; a place where men could voice their opinions and actively share in self-government. But

these beliefs were soon tested. Following the costly Seven Years' War, Great Britain was burdened with

substantial debts and the continuing expense of keeping troops on American soil. Parliament thought

the colonies should finance much of their own defense and levied the first direct tax, the Stamp Act, in

1765. As a result, virtually every document--newspapers, licenses, insurance policies, legal writs, even

playing cards--would have to carry a stamp showing that required taxes had been paid. The colonists

rebelled against such control over their daily affairs. Their own elected legislative bodies had not been

asked to consent to the Stamp Act. The colonists argued that without either this local consent or direct

representation in Parliament, the act was "taxation without representation." They also objected to the

law's provision that those who disobeyed could be tried in admiralty courts without a jury of their peers.

Coke's influence on Americans showed clearly when the Massachusetts Assembly reacted by declaring

the Stamp Act "against the Magna Carta and the natural rights of Englishmen, and therefore, according

to Lord Coke, null and void."

But regardless of whether the charter forbade taxation without representation or if this was merely

implied by the "spirit," the colonists used this "misinterpretation" to condemn the Stamp Act. To defend

their objections, they turned to a 1609 or 1610 defense argument used by Coke: superiority of the

common law over acts of Parliament. Coke claimed "When an act of parliament is against common right

or reason, or repugnant, or impossible to be performed, the common law will control it and adjudge

such an act void. Because the Stamp Act seemed to tread on the concept of consensual taxation, the

colonists believed it, "according to Lord Coke," invalid.

The colonists were enraged. Benjamin Franklin and others in England eloquently argued the American

case, and Parliament quickly rescinded the bill. But the damage was done; the political climate was

changing. As John Adams later wrote to Thomas Jefferson, "The Revolution was in the minds of the

people, and this was effected, from 1760 to 1775, in the course of 15 years before a drop of blood was

shed at Lexington."

Relations between Great Britain and the colonies continued to deteriorate. The more Parliament tried to

raise revenue and suppress the growing unrest, the more the colonists demanded the charter rights

they had brought with them a century and a half earlier. At the height of the Stamp Act crisis, William

Pitt proclaimed in Parliament, "The Americans are the sons not the bastards of England." Parliament and

the Crown, however, appeared to believe otherwise. But the Americans would have their rights, and

they would fight for them. The seal adopted by Massachusetts on the eve of the Revolution summed up

the mood--a militiaman with sword in one hand and Magna Carta in the other.

Armed resistance broke out in April 1775. Fifteen months later, the final break was made with the

immortal words of the Declaration of Independence: "We hold these truths to be self-evident, that all

Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that

among these are Life, Liberty and the Pursuit of Happiness." Although the colonies had finally and

irrevocably articulated their goal, Independence did not come swiftly. Not until the surrender of British

forces at Yorktown in 1781 was the military struggle won. The constitutional battle, however, was just

beginning.

In the war's aftermath, many Americans recognized that the rather loose confederation of states would

have to be strengthened if the new nation were to survive. James Madison expressed these concerns in

a call for a convention at Philadelphia in 1787 to revise the Articles of Confederation: "The good people

of America are to decide the solemn question, whether they will by wise and magnanimous efforts reap

the just fruits of that Independence which they so gloriously acquired . . . or whether by giving way to

unmanly jealousies and prejudices, or to partial and transitory interests, they will renounce the

auspicious blessings prepared for them by the Revolution." The representatives of the states listened to

Madison and drew heavily from his ideas. Instead of revising the Articles, they created a new form of

government, embodied in the Constitution of the United States. Authority emanated directly from the

people, not from any governmental body. And the Constitution would be "the supreme Law of the

Land"--just as Magna Carta had been deemed superior to other statutes.

In 1215, when King John confirmed Magna Carta with his seal, he was acknowledging the now firmly

embedded concept that no man--not even the king--is above the law. That was a milestone in

constitutional thought for the 13th century and for centuries to come. In 1779 John Adams expressed it

this way: "A government of laws, and not of men." Further, the charter established important individual

rights that have a direct legacy in the American Bill of Rights. And during the United States' history,

these rights have been expanded. The U.S. Constitution is not a static document. Like Magna Carta, it

has been interpreted and reinterpreted throughout the years. This has allowed the Constitution to

become the longest-lasting constitution in the world and a model for those penned by other nations.

Through judicial review and amendment, it has evolved so that today Americans--regardless of gender,

race, or creed--can enjoy the liberties and protection it guarantees. Just as Magna Carta stood as a

bulwark against tyranny in England, the U.S. Constitution and Bill of Rights today serve similar roles,

protecting the individual freedoms of all Americans against arbitrary and capricious rule.

Full-text translation of the 1215 edition of Magna Carta

JOHN, by the grace of God King of England, Lord of Ireland, Duke of Normandy and Aquitaine, and Count

of Anjou, to his archbishops, bishops, abbots, earls, barons, justices, foresters, sheriffs, stewards,

servants, and to all his officials and loyal subjects, Greeting.

KNOW THAT BEFORE GOD, for the health of our soul and those of our ancestors and heirs, to the honour

of God, the exaltation of the holy Church, and the better ordering of our kingdom, at the advice of our

reverend fathers Stephen, archbishop of Canterbury, primate of all England, and cardinal of the holy

Roman Church, Henry archbishop of Dublin, William bishop of London, Peter bishop of Winchester,

Jocelin bishop of Bath and Glastonbury, Hugh bishop of Lincoln, Walter bishop of Worcester, William

bishop of Coventry, Benedict bishop of Rochester, Master Pandulf subdeacon and member of the papal

household, Brother Aymeric master of the knighthood of the Temple in England, William Marshal earl of

Pembroke, William earl of Salisbury, William earl of Warren, William earl of Arundel, Alan of Galloway

constable of Scotland, Warin fitz Gerald, Peter fitz Herbert, Hubert de Burgh seneschal of Poitou, Hugh

de Neville, Matthew fitz Herbert, Thomas Basset, Alan Basset, Philip Daubeny, Robert de Roppeley, John

Marshal, John fitz Hugh, and other loyal subjects:

+ (1) FIRST, THAT WE HAVE GRANTED TO GOD, and by this present charter have confirmed for us and

our heirs in perpetuity, that the English Church shall be free, and shall have its rights undiminished, and

its liberties unimpaired. That we wish this so to be observed, appears from the fact that of our own free

will, before the outbreak of the present dispute between us and our barons, we granted and confirmed

by charter the freedom of the Church's elections - a right reckoned to be of the greatest necessity and

importance to it - and caused this to be confirmed by Pope Innocent III. This freedom we shall observe

ourselves, and desire to be observed in good faith by our heirs in perpetuity.

TO ALL FREE MEN OF OUR KINGDOM we have also granted, for us and our heirs for ever, all the liberties

written out below, to have and to keep for them and their heirs, of us and our heirs:

(2) If any earl, baron, or other person that holds lands directly of the Crown, for military service, shall

die, and at his death his heir shall be of full age and owe a 'relief', the heir shall have his inheritance on

payment of the ancient scale of 'relief'. That is to say, the heir or heirs of an earl shall pay £100 for the

entire earl's barony, the heir or heirs of a knight 100s. at most for the entire knight's 'fee', and any man

that owes less shall pay less, in accordance with the ancient usage of 'fees'.

(3) But if the heir of such a person is under age and a ward, when he comes of age he shall have his

inheritance without 'relief' or fine.

(4) The guardian of the land of an heir who is under age shall take from it only reasonable revenues,

customary dues, and feudal services. He shall do this without destruction or damage to men or property.

If we have given the guardianship of the land to a sheriff, or to any person answerable to us for the

revenues, and he commits destruction or damage, we will exact compensation from him, and the land

shall be entrusted to two worthy and prudent men of the same 'fee', who shall be answerable to us for

the revenues, or to the person to whom we have assigned them. If we have given or sold to anyone the

guardianship of such land, and he causes destruction or damage, he shall lose the guardianship of it, and

it shall be handed over to two worthy and prudent men of the same 'fee', who shall be similarly

answerable to us.

(5) For so long as a guardian has guardianship of such land, he shall maintain the houses, parks, fish

preserves, ponds, mills, and everything else pertaining to it, from the revenues of the land itself. When

the heir comes of age, he shall restore the whole land to him, stocked with plough teams and such

implements of husbandry as the season demands and the revenues from the land can reasonably bear.

(6) Heirs may be given in marriage, but not to someone of lower social standing. Before a marriage takes

place, it shall be made known to the heir's next-of-kin.

(7) At her husband's death, a widow may have her marriage portion and inheritance at once and without

trouble. She shall pay nothing for her dower, marriage portion, or any inheritance that she and her

husband held jointly on the day of his death. She may remain in her husband's house for forty days after

his death, and within this period her dower shall be assigned to her.

(8) No widow shall be compelled to marry, so long as she wishes to remain without a husband. But she

must give security that she will not marry without royal consent, if she holds her lands of the Crown, or

without the consent of whatever other lord she may hold them of.

(9) Neither we nor our officials will seize any land or rent in payment of a debt, so long as the debtor has

movable goods sufficient to discharge the debt. A debtor's sureties shall not be distrained upon so long

as the debtor himself can discharge his debt. If, for lack of means, the debtor is unable to discharge his

debt, his sureties shall be answerable for it. If they so desire, they may have the debtor's lands and rents

until they have received satisfaction for the debt that they paid for him, unless the debtor can show that

he has settled his obligations to them.

* (10) If anyone who has borrowed a sum of money from Jews dies before the debt has been repaid, his

heir shall pay no interest on the debt for so long as he remains under age, irrespective of whom he holds

his lands. If such a debt falls into the hands of the Crown, it will take nothing except the principal sum

specified in the bond.

* (11) If a man dies owing money to Jews, his wife may have her dower and pay nothing towards the

debt from it. If he leaves children that are under age, their needs may also be provided for on a scale

appropriate to the size of his holding of lands. The debt is to be paid out of the residue, reserving the

service due to his feudal lords. Debts owed to persons other than Jews are to be dealt with similarly.

* (12) No 'scutage' or 'aid' may be levied in our kingdom without its general consent, unless it is for the

ransom of our person, to make our eldest son a knight, and (once) to marry our eldest daughter. For

these purposes only a reasonable 'aid' may be levied. 'Aids' from the city of London are to be treated

similarly.

+ (13) The city of London shall enjoy all its ancient liberties and free customs, both by land and by water.

We also will and grant that all other cities, boroughs, towns, and ports shall enjoy all their liberties and

free customs.

* (14) To obtain the general consent of the realm for the assessment of an 'aid' - except in the three

cases specified above - or a 'scutage', we will cause the archbishops, bishops, abbots, earls, and greater

barons to be summoned individually by letter. To those who hold lands directly of us we will cause a

general summons to be issued, through the sheriffs and other officials, to come together on a fixed day

(of which at least forty days notice shall be given) and at a fixed place. In all letters of summons, the

cause of the summons will be stated. When a summons has been issued, the business appointed for the

day shall go forward in accordance with the resolution of those present, even if not all those who were

summoned have appeared.

* (15) In future we will allow no one to levy an 'aid' from his free men, except to ransom his person, to

make his eldest son a knight, and (once) to marry his eldest daughter. For these purposes only a

reasonable 'aid' may be levied.

(16) No man shall be forced to perform more service for a knight's 'fee', or other free holding of land,

than is due from it.

(17) Ordinary lawsuits shall not follow the royal court around, but shall be held in a fixed place.

(18) Inquests of novel disseisin, mort d'ancestor, and darrein presentment shall be taken only in their

proper county court. We ourselves, or in our absence abroad our chief justice, will send two justices to

each county four times a year, and these justices, with four knights of the county elected by the county

itself, shall hold the assizes in the county court, on the day and in the place where the court meets.

(19) If any assizes cannot be taken on the day of the county court, as many knights and freeholders shall

afterwards remain behind, of those who have attended the court, as will suffice for the administration

of justice, having regard to the volume of business to be done.

(20) For a trivial offence, a free man shall be fined only in proportion to the degree of his offence, and

for a serious offence correspondingly, but not so heavily as to deprive him of his livelihood. In the same

way, a merchant shall be spared his merchandise, and a villein the implements of his husbandry, if they

fall upon the mercy of a royal court. None of these fines shall be imposed except by the assessment on

oath of reputable men of the neighbourhood.

(21) Earls and barons shall be fined only by their equals, and in proportion to the gravity of their offence.

(22) A fine imposed upon the lay property of a clerk in holy orders shall be assessed upon the same

principles, without reference to the value of his ecclesiastical benefice.

(23) No town or person shall be forced to build bridges over rivers except those with an ancient

obligation to do so.

(24) No sheriff, constable, coroners, or other royal officials are to hold lawsuits that should be held by

the royal justices.

* (25) Every county, hundred, wapentake, and tithing shall remain at its ancient rent, without increase,

except the royal demesne manors.

(26) If at the death of a man who holds a lay 'fee' of the Crown, a sheriff or royal official produces royal

letters patent of summons for a debt due to the Crown, it shall be lawful for them to seize and list

movable goods found in the lay 'fee' of the dead man to the value of the debt, as assessed by worthy

men. Nothing shall be removed until the whole debt is paid, when the residue shall be given over to the

executors to carry out the dead man’s will. If no debt is due to the Crown, all the movable goods shall be

regarded as the property of the dead man, except the reasonable shares of his wife and children.

* (27) If a free man dies intestate, his movable goods are to be distributed by his next-of-kin and friends,

under the supervision of the Church. The rights of his debtors are to be preserved.

(28) No constable or other royal official shall take corn or other movable goods from any man without

immediate payment, unless the seller voluntarily offers postponement of this.

(29) No constable may compel a knight to pay money for castle-guard if the knight is willing to

undertake the guard in person, or with reasonable excuse to supply some other fit man to do it. A knight

taken or sent on military service shall be excused from castle-guard for the period of this service.

(30) No sheriff, royal official, or other person shall take horses or carts for transport from any free man,

without his consent.

(31) Neither we nor any royal official will take wood for our castle, or for any other purpose, without the

consent of the owner.

(32) We will not keep the lands of people convicted of felony in our hand for longer than a year and a

day, after which they shall be returned to the lords of the 'fees' concerned.

(33) All fish-weirs shall be removed from the Thames, the Medway, and throughout the whole of

England, except on the sea coast.

(34) The writ called precipe shall not in future be issued to anyone in respect of any holding of land, if a

free man could thereby be deprived of the right of trial in his own lord's court.

(35) There shall be standard measures of wine, ale, and corn (the London quarter), throughout the

kingdom. There shall also be a standard width of dyed cloth, russet, and haberject, namely two ells

within the selvedges. Weights are to be standardised similarly.

(36) In future nothing shall be paid or accepted for the issue of a writ of inquisition of life or limbs. It

shall be given gratis, and not refused.

(37) If a man holds land of the Crown by 'fee-farm', 'socage', or 'burgage', and also holds land of

someone else for knight's service, we will not have guardianship of his heir, nor of the land that belongs

to the other person's 'fee', by virtue of the 'fee-farm', 'socage', or 'burgage', unless the 'fee-farm' owes

knight's service. We will not have the guardianship of a man's heir, or of land that he holds of someone

else, by reason of any small property that he may hold of the Crown for a service of knives, arrows, or

the like.

(38) In future no official shall place a man on trial upon his own unsupported statement, without

producing credible witnesses to the truth of it.

+ (39) No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or

exiled, or deprived of his standing in any way, nor will we proceed with force against him, or send others

to do so, except by the lawful judgment of his equals or by the law of the land.

+ (40) To no one will we sell, to no one deny or delay right or justice.

(41) All merchants may enter or leave England unharmed and without fear, and may stay or travel

within it, by land or water, for purposes of trade, free from all illegal exactions, in accordance with

ancient and lawful customs. This, however, does not apply in time of war to merchants from a country

that is at war with us. Any such merchants found in our country at the outbreak of war shall be detained

without injury to their persons or property, until we or our chief justice have discovered how our own

merchants are being treated in the country at war with us. If our own merchants are safe they shall be

safe too.

* (42) In future it shall be lawful for any man to leave and return to our kingdom unharmed and without

fear, by land or water, preserving his allegiance to us, except in time of war, for some short period, for

the common benefit of the realm. People that have been imprisoned or outlawed in accordance with

the law of the land, people from a country that is at war with us, and merchants - who shall be dealt

with as stated above - are excepted from this provision.

(43) If a man holds lands of any 'escheat' such as the 'honour' of Wallingford, Nottingham, Boulogne,

Lancaster, or of other 'escheats' in our hand that are baronies, at his death his heir shall give us only the

'relief' and service that he would have made to the baron, had the barony been in the baron's hand. We

will hold the 'escheat' in the same manner as the baron held it.

(44) People who live outside the forest need not in future appear before the royal justices of the forest

in answer to general summonses, unless they are actually involved in proceedings or are sureties for

someone who has been seized for a forest offence.

* (45) We will appoint as justices, constables, sheriffs, or other officials, only men that know the law of

the realm and are minded to keep it well.

(46) All barons who have founded abbeys, and have charters of English kings or ancient tenure as

evidence of this, may have guardianship of them when there is no abbot, as is their due.

(47) All forests that have been created in our reign shall at once be disafforested. River-banks that have

been enclosed in our reign shall be treated similarly.

*(48) All evil customs relating to forests and warrens, foresters, warreners, sheriffs and their servants, or

river-banks and their wardens, are at once to be investigated in every county by twelve sworn knights of

the county, and within forty days of their enquiry the evil customs are to be abolished completely and

irrevocably. But we, or our chief justice if we are not in England, are first to be informed.

* (49) We will at once return all hostages and charters delivered up to us by Englishmen as security for

peace or for loyal service.

* (50) We will remove completely from their offices the kinsmen of Gerard de Athée, and in future they

shall hold no offices in England. The people in question are Engelard de Cigogné, Peter, Guy, and

Andrew de Chanceaux, Guy de Cigogné, Geoffrey de Martigny and his brothers, Philip Marc and his

brothers, with Geoffrey his nephew, and all their followers.

* (51) As soon as peace is restored, we will remove from the kingdom all the foreign knights, bowmen,

their attendants, and the mercenaries that have come to it, to its harm, with horses and arms.

* (52) To any man whom we have deprived or dispossessed of lands, castles, liberties, or rights, without

the lawful judgment of his equals, we will at once restore these. In cases of dispute the matter shall be

resolved by the judgment of the twenty-five barons referred to below in the clause for securing the

peace (§61). In cases, however, where a man was deprived or dispossessed of something without the

lawful judgment of his equals by our father King Henry or our brother King Richard, and it remains in our

hands or is held by others under our warranty, we shall have respite for the period commonly allowed to

Crusaders, unless a lawsuit had been begun, or an enquiry had been made at our order, before we took

the Cross as a Crusader. On our return from the Crusade, or if we abandon it, we will at once render

justice in full.

* (53) We shall have similar respite in rendering justice in connexion with forests that are to be

disafforested, or to remain forests, when these were first afforested by our father Henry or our brother

Richard; with the guardianship of lands in another person's 'fee', when we have hitherto had this by

virtue of a 'fee' held of us for knight's service by a third party; and with abbeys founded in another

person's 'fee', in which the lord of the 'fee' claims to own a right. On our return from the Crusade, or if

we abandon it, we will at once do full justice to complaints about these matters.

(54) No one shall be arrested or imprisoned on the appeal of a woman for the death of any person

except her husband.

* (55) All fines that have been given to us unjustly and against the law of the land, and all fines that we

have exacted unjustly, shall be entirely remitted or the matter decided by a majority judgment of the

twenty-five barons referred to below in the clause for securing the peace (§61) together with Stephen,

archbishop of Canterbury, if he can be present, and such others as he wishes to bring with him. If the

archbishop cannot be present, proceedings shall continue without him, provided that if any of the

twenty-five barons has been involved in a similar suit himself, his judgment shall be set aside, and

someone else chosen and sworn in his place, as a substitute for the single occasion, by the rest of the

twenty-five.

(56) If we have deprived or dispossessed any Welshmen of land, liberties, or anything else in England or

in Wales, without the lawful judgment of their equals, these are at once to be returned to them. A

dispute on this point shall be determined in the Marches by the judgment of equals. English law shall

apply to holdings of land in England, Welsh law to those in Wales, and the law of the Marches to those

in the Marches. The Welsh shall treat us and ours in the same way.

* (57) In cases where a Welshman was deprived or dispossessed of anything, without the lawful

judgment of his equals, by our father King Henry or our brother King Richard, and it remains in our

hands or is held by others under our warranty, we shall have respite for the period commonly allowed to

Crusaders, unless a lawsuit had been begun, or an enquiry had been made at our order, before we took

the Cross as a Crusader. But on our return from the Crusade, or if we abandon it, we will at once do full

justice according to the laws of Wales and the said regions.

* (58) We will at once return the son of Llywelyn, all Welsh hostages, and the charters delivered to us as

security for the peace.

* (59) With regard to the return of the sisters and hostages of Alexander, king of Scotland, his liberties

and his rights, we will treat him in the same way as our other barons of England, unless it appears from

the charters that we hold from his father William, formerly king of Scotland, that he should be treated

otherwise. This matter shall be resolved by the judgment of his equals in our court.

(60) All these customs and liberties that we have granted shall be observed in our kingdom in so far as

concerns our own relations with our subjects. Let all men of our kingdom, whether clergy or laymen,

observe them similarly in their relations with their own men.

* (61) SINCE WE HAVE GRANTED ALL THESE THINGS for God, for the better ordering of our kingdom, and

to allay the discord that has arisen between us and our barons, and since we desire that they shall be

enjoyed in their entirety, with lasting strength, for ever, we give and grant to the barons the following

security:

The barons shall elect twenty-five of their number to keep, and cause to be observed with all their

might, the peace and liberties granted and confirmed to them by this charter.

If we, our chief justice, our officials, or any of our servants offend in any respect against any man, or

transgress any of the articles of the peace or of this security, and the offence is made known to four of

the said twenty-five barons, they shall come to us - or in our absence from the kingdom to the chief

justice - to declare it and claim immediate redress. If we, or in our absence abroad the chief justice,

make no redress within forty days, reckoning from the day on which the offence was declared to us or to

him, the four barons shall refer the matter to the rest of the twenty-five barons, who may distrain upon

and assail us in every way possible, with the support of the whole community of the land, by seizing our

castles, lands, possessions, or anything else saving only our own person and those of the queen and our

children, until they have secured such redress as they have determined upon. Having secured the

redress, they may then resume their normal obedience to us.

Any man who so desires may take an oath to obey the commands of the twenty-five barons for the

achievement of these ends, and to join with them in assailing us to the utmost of his power. We give

public and free permission to take this oath to any man who so desires, and at no time will we prohibit

any man from taking it. Indeed, we will compel any of our subjects who are unwilling to take it to swear

it at our command.

If one of the twenty-five barons dies or leaves the country, or is prevented in any other way from

discharging his duties, the rest of them shall choose another baron in his place, at their discretion, who

shall be duly sworn in as they were.

In the event of disagreement among the twenty-five barons on any matter referred to them for

decision, the verdict of the majority present shall have the same validity as a unanimous verdict of the

whole twenty-five, whether these were all present or some of those summoned were unwilling or

unable to appear.

The twenty-five barons shall swear to obey all the above articles faithfully, and shall cause them to be

obeyed by others to the best of their power.

We will not seek to procure from anyone, either by our own efforts or those of a third party, anything by

which any part of these concessions or liberties might be revoked or diminished. Should such a thing be

procured, it shall be null and void and we will at no time make use of it, either ourselves or through a

third party.

* (62) We have remitted and pardoned fully to all men any ill-will, hurt, or grudges that have arisen

between us and our subjects, whether clergy or laymen, since the beginning of the dispute. We have in

addition remitted fully, and for our own part have also pardoned, to all clergy and laymen any offences

committed as a result of the said dispute between Easter in the sixteenth year of our reign (i.e. 1215)

and the restoration of peace.

In addition we have caused letters patent to be made for the barons, bearing witness to this security

and to the concessions set out above, over the seals of Stephen archbishop of Canterbury, Henry

archbishop of Dublin, the other bishops named above, and Master Pandulf.

* (63) IT IS ACCORDINGLY OUR WISH AND COMMAND that the English Church shall be free, and that

men in our kingdom shall have and keep all these liberties, rights, and concessions, well and peaceably

in their fullness and entirety for them and their heirs, of us and our heirs, in all things and all places for

ever.

Both we and the barons have sworn that all this shall be observed in good faith and without deceit.

Witness the abovementioned people and many others.

Given by our hand in the meadow that is called Runnymede, between Windsor and Staines, on the

fifteenth day of June in the seventeenth year of our reign (i.e. 1215: the new regnal year began on 28

May)

- See more at: http://www.bl.uk/magna-carta/articles/magna-carta-english-

translation#sthash.dExhGSCO.dpuf