MAGNA CHARTA, the great charter which was granted by king John of England to the barons, and has been viewed by after-ages as the basis of English liberties. The oppressions and exactions of a tyrannical and dastardly sovereign called into existence a confederacy of the barons or tenants-in-chief of the crown, who took up arms for the redress of their grievances. Their demand was for the restoration of the laws of Henry I., laws which might probably be characterized as an engrafting of Norman feudalism, on the " ancient custom of England," or previously existing Saxon and Danish free institutions, in which " ancient custom" were comprehended the laws of Edward the confessor. A conference between the sovereign and the barons was held at Runnymede, near Windsor, a place where treaties regarding the peace of the kingdoin had often before been made. King and barons encamped opposite each other; and after several days' debate John signed and sealed the charter with great solemnity on June 15, 1215.
The great charter reared up a barrier ali,,ainst the abuse of the royal prerogative by a series of provisions for the protection of the rights and obligations of the feudal pro prietor. It redressed a variety of giievances connected with feudal tenures, some of them now so long obsolete as to be with difficulty intelligible. There are minute pro visioas regarding the relief of heirs, wardship, marriage of heirs and of their widows. No scutage or aid is to be imposed without the authority of the common council of the kingdom, except on the three great feudal occasions of the king's captivity, the knitlit ing of his eldest son, and the marriage of his eldest daughter. The liberties of the city of London and other towns, boroughs, and ports arc declared inviolable. Freedom of commerce is guaranteed to foreign merchants. Justice is no longer to be sold, denied, or delayed. The court of common pleas, instead of, as formerly, following the king's person in all his progresses, is to be permanently fixed at Westminster; assizes are to be held in the several counties, and annual circuits are established. Regulations are made for the efficiency of the inferior courts of justice. The protection of life, liberty, and property from arbitrary spoliation is the most important feature of the charter. "No freeman shall be taken or imprisoned, or be disseized of his freehold, or liberties, or free customs, or be otherwise damaged, nor will WC pass upon him, nor send upon him, but by lawful judgment of his peers, or by- the law of the land "—a provision which recog nized a popular tribunal as a check on the official judges, and may be looked on as the foundation of the writ of habeas corpus. No one is to be condemned on rumors or sus
picions, but only on the evidence of witnesses. Protection is afforded against excessive amercements, illegal distresses, and various processes for debts and services due to the crown. The fines imposed are in all eases to be proportioned to the magnitude of the offense, and even the villein or rustic is not to be deprived of his necessary chattels. There are provisions regarding the forfeiture of lands for felony. The testamentary power of the subject is recognized over part of his personal estate, and the rest is to be divided netween his widow and children. The independence of the church is also provided for.
These are the most important features of that charter which occupies so conspicuous a place in history, and which establishes the supremacy of the law of England over the will of the monarch. A charter was at the same thne granted to mitig,ate the oppressions of the forest laws (q.v,). The terms dictated by the barons to John included the snr render of London to their charge, and the Tower to the custody of the primate till Aug,ust 15 following, or till the execution of the several articles of the great charter. Twenty five barons, as conservators of the public liberties, were invested with extraordinary authority, which empowered them to make war against the sovereign in case of his violation of the charter. Several solemn ratifications were required by the barons both from John and from Henry III.; and a copy of the great charter was sent to every cathedral, and ordered to be read publicly twice a year. The copy preserved in Lincoln cathedral is regarded as the most accurate and cotnplete; and a fac-simile of it was engraved 'by order of the late board of cominissioners on the public records. The great charter and charter of the forests are priuted vvith English translations, and prefixed to the edition of the statutes of the realm published by the record commission.