The Magna Carta

United States #1265 (1965)

United States #1265 (1965)

Magna Carta Libertatum (Medieval Latin for “the Great Charter of the Liberties”) is one of the most famous documents in the world. Originally issued by King John of England (r.1199-1216) as a practical solution to the political crisis he faced in 1215, Magna Carta established for the first time the principle that everybody, including the king, was subject to the law. Although nearly a third of the text was deleted or substantially rewritten within ten years, and almost all the clauses have been repealed in modern times, Magna Carta remains a cornerstone of the British constitution.

The charter was agreed to by King John of England at Runnymede, near Windsor, on June 15, 1215. 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, King 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 sixteenth 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 seventeenth 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 1787, 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 nineteenth and twentieth 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”.

In the twenty-first 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 parchment sheets using quill pens, in heavily abbreviated medieval Latin, which was the convention for legal documents at that time. Each was sealed with the royal great seal (made of beeswax and resin sealing wax): very few of the seals have survived. Although scholars 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, February 3, 2015, to mark the 800th anniversary of Magna Carta.

One of four surviving copies of the 1215 Magna Carta. This copy is one of two held at the British Library. It came from the collection of Sir Robert Cotton, who died in 1631. In 1731, a fire at Ashburnam House in Westminster, where his library was then housed, destroyed or damaged many of the rare manuscripts, which is why this copy is burnt.

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 sixteenth 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. An abridged English-language edition was published by John Rastell in 1527. Thomas Berthelet, Pynson’s successor as the royal printer during 1530–1547, printed an edition of the text along with other “ancient statutes” in 1531 and 1540. In 1534, George Ferrers published the first unabridged English-language edition of Magna Carta, dividing the Charter into 37 numbered clauses.

Sir William Blackstone published a critical edition of the 1215 Charter in 1759, and gave it the numbering system still used today.[202] In 1763, Member of Parliament John Wilkes was arrested for writing an inflammatory pamphlet, No. 45, 23 April 1763; he cited Magna Carta continually. 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.

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.” 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. 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. The other colonies would follow their example. In 1638, Maryland sought to recognize Magna Carta as part of the law of the province, but the request was denied by Charles I.

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. 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.

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. 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.

In the late eighteenth 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. 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. 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.”

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.

A 1733 engraving of the Charter of 1215 by John Pine

A 1733 engraving of the Charter of 1215 by John Pine

Magna Carta continues to have a powerful iconic status in British society, being cited by politicians and lawyers in support of constitutional positions. 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”. Although rarely invoked in court in the modern era, in 2012 the Occupy London protesters 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 dryly 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.

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. 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”.

It also remains a topic of great interest to historians; Natalie Fryde characterized the charter as “one of the holiest of cows in English medieval history”, with the debates over its interpretation and meaning unlikely to end.[220] 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 recognized as having a special constitutional status”.

The document also continues to be honored in the United States as an antecedent of the United States Constitution and Bill of Rights. In 1976, the U.K. 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.

Scott #1265 was released by the United States Post Office Department at Jamestown, Virginia, on June 15, 1965, to commemorate the 750th anniversary of Magna Carta. Designed by Brook Temple, the stamp portrays the first successful challenge of the divine right of kings. The subordinate position of the crown indicates the triumph of the people in their quest for representation under the law. It was printed on the Giori press by the Bureau of Engraving and Printing in black, yellow ocher and red lilac. The stamp was issued in panes of fifty, perforated 11. An initial printing of 112 million stamps was authorized but ultimately 120,135,000 were issued.

Royal Standard of England, 1068-1406.

Royal Standard of England, 1068-1406.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s