MAGNA CARTA, MAGNA CHARTA. The Great Charter of English liberties, so called (but which was really a compact between the king and his barons, and almost exclu sively for the benefit of the latter, though confirming the ancient liberties of English men in some few particulars), was wrung from King John by his barons assembled in arms, on the 19th of June, 1215, and was giv en by the king's hand, as a confirmation of his own act, on the little island in the Thames, within the county of Buckingham shire, which is still called "Magna Carta Is land." The struggle to secure from the king some recog nition of the rights of person and property and some settled administration of law had been going on for nearly two centuries. In fact it had begun soon after the time of William the Conqueror. That monarch had overthrown the laws he found prevail ing in England and had distributed to his followers the lands of the conquered people. But the same arbitrary power which gave these estates could, at a moment's caprice, take them away, and the 'barons were anxious for a more stable system. The ancient baronial laws of Edward the Confessor contained all that was needed to secure their rights, And these ancient laws they petitioned to have restored. They renewed their efforts from time to time with William I., William Rufus, Henry I., and Stephen, all of whom, except Henry I., suc ceeded in putting them off with promises. From Henry a charter was extorted about the year 1100 declaring that the church should be free, heirs should receive their possessions unredeemed, and evil customs should be abolished. In fact it gave most of the privileges which were afterwards em bodied in Magna Carta. But in the course of a hundred years nearly all the copies of it were lost and its provisions were forgotten. It was not until Johu came to the 'throne in 1199 that the barons had their best opportunity. John's right to assume the crown was weak, and in order to gain the support of the barons he had to promise them the privileges for which they clamored, and with arms in their hands they compelled him to keep his word. Thom son, Magna Carta 2.
(It is said by Holdsworth (Hist. E. L. vol. II. p. 165] that "all classes united to obtain the charter.")
The preliminary interview was held in the mead ow of Running Mede, or Runny Mede (fr. Sax. rune, council), that is, council meadow, which had been used constantly for national assemblies, and which was situated on the southwest side of the Thames, between Staines and Windsor. Though such formalities were observed, the provisions of the charter were disregarded by John and succeed ing kings, each of whom, when wishing to do a popular thing, confirmed this charter. There were thirty-two confirmations between 1215 and 1416, the most celebrated of which were those by Hen. HI. (1225) and Edw. I., which last confirmation was sealed with the great seal of England at Ghent, on the 5th November, 1297. Confirmatio Chartarum. It "ranks as a statute by virtue, not of John's original grant in 1215, hut of Edward L's confirmation in 1297." Sir F. Pollock in 21 L. Q. Rev. 6. The Mag na Carta printed in all the books as of 9 Hen. III. is really a transcript of the roll of parliament of 25 Edw. I.
There, were many originals of Magna Carta made, two of which are preserved in the British Museum. An original was found early in the 17th century by Sir Robert Cotton, the antiquary, in the hands of a tailor, who was just on the point of cutting it into measuring strips, having bought It in a lot of old papers out of an apartment anciently used as a scrivener's office. 11 Am. L. Rec. 634.
It is a misunderstanding to regard the Charter either as containing new principles or as terminat ing a struggle. On the contrary its character Is eminently conservative, setting up "the laws of Henry I." as its standard. At the same time "con firmation of the Charter" was the rallying cry of the three next generations, and the constitutional progress up to 1340 is little more than the working oat of the Charter's main clauses. 1 Soc. Ehg. 267. H. Brunner (2 Sel. Essays in Anglo-Amer. L. H. 26) remarks that its "constitutional significance is often overrated." The Magna Carta of our statute-book is not ex actly the charter that John sealed at Runnymede. It is a charter granted by his son and successor. Henry Ill., the text of the title of the original doc ument having been modified on more than one occa sion. 1 Soc. Eng. 410.