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Magna Carta and the Charter of the Forest

Durham Cathedral is unique in holding three issues of Magna Carta together with three Forest Charters. They include the only surviving 1216 Magna Carta, and the first issue of the Forest Charter from 1217.

‘...the most important single document in the development of constitutional and legal freedom and adherence to the rule of law…’ Lord Judge, 2014

What is Magna Carta?

Magna Carta, the ‘Great Charter’, has been described as the most famous document in English history and a cornerstone of modern democracy.

In the years leading up to 1215, King John (1199-1216) had demanded increasing levels of taxes from his knights and barons to fund a failing war in France: seizing lands, taking hostages and imprisoning those who could not pay. Resentment grew into rebellion: the barons presented John with a list of demands, the ‘Articles of the Barons’, aimed at limiting his powers and preventing unjust behaviour. Establishing that no-one – not even the king – was above the law, these demands eventually became the document that we know today as Magna Carta.

King John reluctantly attached his great seal to Magna Carta on 15 June 1215 at Runnymede. Although declared null and void only weeks later, it was reissued by his successors and written into the laws of the land in 1297.

The Charter of the Forest

From 1217, each reissue of Magna Carta was accompanied by a Charter of the Forest; a very practical document granting access to land and natural resources.

During King John’s reign about one third of England was designated ‘royal Forest’. Areas of hunting ground set aside for the king’s use, the Forest included woodland, moorland, heath, and even villages. Use of the Forest was restricted and subject to its own special Forest Law. Penalties for those found hunting, gathering wood or building in the Forest were severe – heavy fines, mutilation or death.

The 1215 and 1216 Magna Carta included clauses restricting the extent of ‘royal Forest’ and limiting punishments. When Henry III (1216-1272) reissued the document in 1217 he separated and expanded these clauses into a new document – the Charter of the Forest. This charter granted rights to land, food, and fuel to a wide cross-section of English society – from barons to commoners.

Why has Durham Cathedral got three Magna Cartas?

Durham Cathedral holds one of the most extensive medieval archives in the country. Although the monastery was dissolved in 1539, the Cathedral continued, meaning much of the archive survived.

As with other royal charters, authorised copies of Magna Carta and the Charter of the Forest were distributed to sheriffs and bishops to be read out in public. In this way, knowledge of new laws and decrees was spread among the people.

As Durham was a County Palatine, outside the authority of the crown, the archivists here were very aware of English law and encouraged good record keeping. Many cathedrals seem to have kept the most recent version of the charters and disposed of earlier, outdated issues; at Durham these were carefully stored away for future reference.

‘And let the king make justices, constables, sheriffs and bailiffs from those who know the law of the land and are willing to keep it well.’ Articles of the Barons, 1215, article 42

The 1216 Magna Carta

When the 1215 Magna Carta was declared null and void, the result was civil war. Events changed when King John suddenly died in October 1216, and his nine-year-old son was declared King Henry III (1216-1272).

Henry’s regency government, led by William Marshal, Earl of Pembroke (1147-1219), and Cardinal Guala Bicchieri (1150-1227), moved quickly to secure his throne and peace by offering a new version of Magna Carta. Henry was not old enough to have his own great seal, so the document was issued in his name but with the seals of Marshal and Bicchieri, in November 1216.

Durham Cathedral has the only surviving issue of the 1216 Magna Carta. Its seals are missing, but the text states it was sealed by William Marshal and Cardinal Bicchieri, acting as regents on behalf of the young King Henry III.

The 1217 Charter of the Forest

In November 1217, as part of the peace settlement, Henry issued another version of the 1216 charter, alongside a new document granting rights of hunting, grazing, and fuel within the royal Forest: the Charter of the Forest.

Only two issues of the 1217 Charter of the Forest survive: Durham’s, and one in the collection of Lincoln Cathedral. Cardinal Guala Bicchieri’s seal is still attached, but William Marshal’s is missing.

The Charter of the Forest also gave Magna Carta its name. The document sealed in 1215 was first known as the ‘Charter of Liberties’. Only after it was issued as two documents did the name ‘Magna Carta’ or ‘Great Charter’ come to be used, distinguishing the main document from its smaller companion.

The 1225 Magna Carta

The legitimacy of the early charters continued to be questioned: it was argued that the 1215 Charter had been sealed by John unwillingly, and the 1216 and 1217 versions had been issued on behalf of Henry III under threat of war.

This changed in February 1225, when Henry issued new versions of both Magna Carta and the Charter of the Forest. He was now eighteen years old, the charters carried his own great seal, and they clearly stated that they were freely given grants.

Issued on 11 February 1225, this became the final and definitive version of Magna Carta. Durham's is one of four originals to survive.

The 1225 Charter of the Forest

When Henry III issued his new version of the Magna Carta in 1225, he also issued a new version of the Charter of the Forest. This is one of three surviving originals and, like the Magna Carta, bears Henry’s great seal.

The 1225 charters were repeatedly confirmed by Henry and later kings. It was the clauses of the 1225 Magna Carta that were entered onto the first Statute Roll in 1297, becoming laws passed by the medieval Parliament of England.

The 1300 Magna Carta

The last time that Magna Carta was issued under the king’s seal was in March 1300. Seven examples of this issue survive. Durham Cathedral’s example is in near-perfect condition, and still bears the great seal of King Edward I (1272-1307).

The 1300 Charter of the Forest

As had been the custom since 1217, the 1300 Magna Carta was issued accompanied by an updated Charter of the Forest. Five examples of this issue survive today, and Durham’s includes the great seal of King Edward I.

‘Know that we…have of our own spontaneous goodwill given and granted to…all of our realm these liberties written below to be held in our kingdom of England for ever…’ Magna Carta 1225, Preamble

A continuing legacy

Magna Carta has become an enduring and iconic symbol of the struggle for rights and liberties around the world. Only three clauses from Magna Carta remain law, but both it and the Charter of the Forest continue to be of great relevance to our lives today.

While the Barons could not have imagined it at the time, their actions would be part of a longer and ongoing history of resistance to those who abuse power. The principles of Magna Carta would inspire future generations across the world in their search for freedom and justice, leading to documents including the 1689 Bill of Rights, the 1838 People’s Charter, and the 1948 Universal Declaration of Human Rights.

The Charter of the Forest remains a rallying cry for people demanding environmental rights, rights of common, and rights of subsistence today. The longest-standing statute in England, it was finally repealed in 1971, being replaced by the Wild Creatures and Forest Laws Act.

‘To no-one shall we sell or deny or delay right or justice.’ Magna Carta 1225, Clause 29

Are the Magna Cartas on display?

The Magna Cartas and Forest Charters are very fragile documents and so cannot be on permanent display, but they are often included in special exhibitions. It is planned to show them next in Summer 2025, for the 800th anniversary of the 1225 issues. More details coming soon!

Durham Cathedral Museum
Person in Crown and Cathedral exhibition