PROBABLY no political compact between king and people was
ever
entered into in a manner to settle more authoritatively the
fundamental law of a nation, than was Magna Carta. Probably no
people were ever more united and resolute in demanding from
their
king a definite and unambiguous acknowledgment of their rights
and liberties, than were the English at that time. Probably no
king was ever more completely stripped of all power to maintain
his throne, and at the same time resist the demands of his
people, than was John on the 15th day of June, 1215. Probably no
king every consented, more deliberately or explicitly, to hold
his throne subject to specific and enumerated limitations upon
his power, than did John when he put his seal to the Great
Charter of the Liberties of England. And if any political compact
between king and people was ever valid to settle the liberties of
the people, or to limit the power of the crown, that compact is
now to be found in Magna Carta. If, therefore, the constitutional
authority of Magna Carta had rested solely upon the compact of
John with his people, that authority would have been entitled to
stand forever as the supreme law of the land, unless revoked by
the will of the people themselves.
But the authority of Magna Carta does not rest alone upon the
compact with John. When, in the next year, (1216,) his son, Henry
III., came to the throne, the charter was ratified by him, and
again in 1217, and again in 1225, in substantially the same form,
and especially without allowing any new powers, legislative,
judicial, or executive, to the king or his judges, and without
detracting in the least from the powers of the jury. And from the
latter date to this, the charter has remained unchanged.
In the course of two hundred years the charter was confirmed by
Henry and his successors more than thirty times. And although
they were guilty of numerous and almost continual breaches of it,
and were constantly seeking to evade it, yet such were the
spirit, vigilance and courage of the nation, that the kings held
their thrones only on the condition of their renewed and solemn
promises of observance. And it was not until 1429, (as will be
more fully shown hereafter,) when a truce between themselves,
and
a formal combination against the mass of the people, had been
entered into, by the king, the nobility, and the "forty shilling
freeholders," (a class whom Mackintosh designates as "a few
freeholders then accounted wealthy," [1]) by the exclusion of all
others than such freeholders from all voice in the election of
knights to represent the counties in the House of Commons, that a
repetition of these confirmations of Magna Carta ceased to be
demanded. and obtained. [2]
The terms and the formalities of some of these "confirmations"
make them worthy of insertion at length.
Hume thus describes one which took place in the 38th year of
Henry III. (1253):
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account