MAGISTRATE. 680 MAGNA CHARTA. mahant, AS. miccl, OllG. mihhil, great). In its broadest sense a person clothed with power as a public ollicer. Blaekstone employs it in this sense. Stating that the supreme magistracy was divided between King and Parliament, and dis- cussing the powers of each, he proceeds to describe the subordinate magistrates of the most general u.se and authority, which, he tells us, '•are principally sherill's, coroners, justices of the peace, constables, surveyors of highways, and overseers of the poor." Besides these are various other magistrates whose history, pow- ers, and duties he does not pause to consider. In this generic sense the term is used in the Declaration of Rights of Virginia, Jlassachu- setts, and other States. One of these runs as follows: '•That all power is vested in and consequently derived from the people; that magistrates are their trustees and servants, and at all times amenable to them." The writers of the Fcdcrulisi gave this broad signification to the word when they designated the proposed President of the United States as the chief magistrate of the Union, and compared his pow- ers and duties -with those of the governors or chief magistrates of the various commonwealths. At present, the term is rarely employed in legal parlance in its generic sense, except in connection with the olHce of President or of Governor. In England, it appears to be confined to ordinary justices of the peace (q.v.), who are appointed by the Crown through the Lord Chancellor, and serve williout pay. and to the stipendiary or police magistrates, who are ap- pointed by the Crown on the nomination of the Home Secretary, and receive salaries fixed by local boards, subject to the apnroval of one of the principal secretaries of State. The courts held by these officers, although technically de- scribed as petty sessions, special sessions, and quarter sessions, are popularly known as Magis- trates' Courts. Stipendiary magistrates must be barristers of at least seven years' standing. In this country, the meaning of magistrate, as a statutory term, has been frequently considered by the courts. While these decisions are not altogether harmonious, the prevailing view is that the term is to be understood in the narrow sense, now attaching to it in England, of an inferior judicial officer, such as a justice of the peace." Occasionally, statutes define it with much precision. See Shirley, An Elementary Treatixe on Magisterial Laay (London. 1896) ; Dugan, Law and Practice for Justices of the Peace and Police Justices (Albany, 1901). MAGLIABECHI, niii'lyahek'e. Antonio da ]I.RCO ( ir):i.3-lT14). An Italian scholar and bibliographer, born at Florence. For forty years he was a goldsmith. From his earliest years, how'ever, he displayed an inordinate passion for the acquisition of book knowledge, and, having mastered the Greek, Latin, and Hebrew lan- guages, literally buried himself among books, disorderly piles of which incumbered every por- tion of his dwelling. In his daily habits he grew to disregard the requirements of social and sanitary life; and such was his avidity of study that he finally denied himself even the requisite intervals of repose. His memory was prodigious. Regarded as the literary prodigy of his times, he was appointed Court librarian by Cosimo III., Grand Duke of Tuscany, and many tributes of respect were tendered him by royal and distin- guished personages. He was intolerant of lit- erary merit in others, was involved in several bitter literary squabbles, and died leaving, out- side of his correspondence (edited by Targioni, Florence, 1745), no written record of his encyelo- pa'dic knowledge. His library of 30,000 volumes he bequeathed to his native city of Florence, where it now forms part of the National Library. Consult Salvini, Orazione funerale in lode di Antonio Mayliabcchi (Florence, 1715). MAG'NA CHARTA, kar'ta, or Gbeat Char- ter. The famous document granted by King John of England to the barons in F215, and viewed by after ages as the basis of English liberties. The oppressions and exactions of a tyranni- cal sovereign called into existence a confed- ei'acy of the barons, or tenants-in-ehief, of the Crown, who took up arms for the re- dress of their grievances. Their demands were based on the charter voluntarily granted by Henry I. at his accession in 1100, but added to this was a long list of demands for the re- moval of royal abuses or exactions which had come into existence since that time, or which had not been mentioned in that document. Alter several interchanges of messages a conference between the sovereign and the barons was held at Runnyniede, near Windsor. 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. See England; John. The Great Charter reared up a barrier against the abuse of the royal prerogative by a series of provisions for the protection of the rights and obligations of the feudal proprietor. It redressed a varietv of grievances connected with feudal tenures, some of them now so long ob- solete as to be with difficulty intelligible. There are minute provisions regarding the relief of heirs, wardship and marriage of heirs and heir- esses, and marriage of the widows of tenants- in-chief. 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 knighting of his eldest son. and the marriage of his eldest daughter. The liberties of the city of London and of other towns, boroughs, and ports are de- clared inviolable. Freedom of commerce is guar- anteed to foreign merchants. Justice is no longer to be sold, denied, or delayed. The Court of Common Pleas, instead of, as formerly, follow- ing the King's person in all his progresses, is to- be permanently fixed at Westminster: assizes ar& to be held in the several counties, and annual circuits are established. Retrulations are made for the efficiency of the inferior courts of jus- tice. The protection of life, liberty, and prop- erty from arbitrary spoliations is the most im- portant feature of the charter. "No freeman shall be taken or imprisoned, or be disseized of his freehold, or lilierties or free customs, or be- otherwise damaged, nor will we pass upon him nor send upon him. hut by lawful judgment of his peers, or by the law of the land" — a pro- vision which recognized a popular tribunal as- a cheek on the official judges, and may be looked on as the foundation of the writ of habeas- corpus. No one is to be indicted on rumors or suspicion, but only on the evidence of witnesses. Protection is afforded against excessive amerce- ments, illegal distresses, and various processes-
