Coke, who has labored so hard to overthrow the most vital
principles of Magna Carta, and who, therefore, ought to be
considered good authority when he speaks in its favor, [3] says:
"It is called Magna Carta, not that it is great in quantity, for
there be many voluminous charters commonly passed, specially in
these later times, longer than this is; nor comparatively in
respect that it is greater than Charta de Foresta, but in respect
of the great importance and weightiness of the matter, as
hereafter shall appear; and likewise for the same cause Charta de
Foresta; and both of them are called Magnae Char- tae Libertatum
Angliae, (The Great Charters of the Liberties of England.)
"And it is also called Charta Libertatum regni, (Charter of the
liberties of the kingdom;) and upon great reason it is so called
of the effect, quia liberos facit, (because it makes men free.)
Sometime for the same cause (it is called) communis libertas,
(common liberty,) and le chartre des franchises, (the charter of
franchises.)
"It was for the most part declaratory of the principal grounds of
the fundamental laws of England, and for the residue it is
additional to supply some defects of the common law.
"Also, by the said act of 25 Edward I., (called Confirmatio
Chartarum,) it is adjudged in parliament that the Great Charter
and the Charter of the Forest shall be taken as the common law.
"They (Magna Carta and Carta de Foresta) were, for the most part,
but declarations of the ancient common laws of England, to the
observation and keeping whereof, the king was bound and sworn.
"After the making of Magna Charta, and Charta de Foresta, divers
learned men in the laws, that I may use the words of the record,
kept schools of the law in the city of London, and taught such as
resorted to them the laws of the realm, taking their foundation
of Magna Charta and Charta de Foresta.
"And the said two charters have been confirmed, established, and
commanded to be put in execution by thirty-two several acts of
parliament in all.
"This appeareth partly by that which hath been said, for that it
hath so often been confirmed by the wise providence of so many
acts of parliament.
"And albeit judgments in the king's courts are of high regard in
law, and judicia (judgments) are accounted as jurisdicta, (the
speech of the law itself,) yet it is provided by act of
parliament, that if any judgment be given contrary to any of the
points of the Great Charter and Charta de Foresta, by the
justices, or by any other of the king's ministers, &c;., it shall
be undone, and holden for naught.
"And that both the said charters shall be sent under the great
seal to all cathedral churches throughout the realm, there to
remain, and shall be read to the people twice every year.
Public-domain text, read in full here on John Shaqi.
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