page_title: Magna Carta
section_title: Glorious Revolution
hierarchical_section_title: Magna Carta / History / 17th–18th centuries / Glorious Revolution
caption_attribution_description: Engraved facsimile of the original text of the Magna Carta, surrounded by a series of 25 coats of hand-coloured arms of the Barons, panel at foot containing notes and a represenation (hand-coloured) of the remains of King John's Great Seal, all panels surrounded by oak leaf and acorn borders.
context_page_description: Magna Carta Libertatum, commonly called Magna Carta, is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by Archbishop of Canterbury Stephen Langton 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.
context_section_description: The first attempt at a proper historiography was undertaken by Robert Brady, 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; 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."
  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.  The English Liberties (1680, in later versions often British Liberties) by the Whig propagandist Henry Care (d. 1688) was a cheap polemical book that was influential and much-reprinted, in the American colonies as well as Britain, and made Magna Carta central to the history and the contemporary legitimacy of its subject.
  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.
  Sir William Blackstone published a critical edition of the 1215 Charter in 1759, and gave it the numbering system still used today. In 1763, Member of Parliament John Wilkes was arrested for writing an inflammatory pamphlet, No. 45, 23 April 1763; he cited Magna Carta continually. Lord Camden denounced the treatment of Wilkes as a contravention of Magna Carta. 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.
caption: A 1733 engraving of the Charter of 1215 by John Pine
exif: {}