Blackstone says, "It is agreed by all our historians that the
Great Charter of King John was, for the most part, compiled from
the ancient customs of the realm, or the laws of Edward the
Confessor; by which they mean the old common law which was
established under our Saxon princes." Blackstone's Introd. to
the Charters. See Blackstone's Law Tracts, Oxford ed., p. 289.
Coke says, " The common law is the most general and ancient law
of the realm... The common law appeareth in the statute of Magna
Carta, and other ancient statutes, (which for the most part are
affirmations of the common law,) in the original writs, in
judicial records, and in our books of terms and years." 1
Inst., 115 b.
Coke also says, "It (Magna Carta) was for the most part
declaratory of the principal grounds of the fundamental laws of
England, and for the residue it was additional to supply some
defects of 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." Preface to 2 Inst., p. 3 and 5.
Hume says, "We may now, from the tenor of this charter, (Magna
Carta,) conjecture what those laws were of King Edward, (the
Confessor,) which the English nation during so many generations
still desired, with such an obstinate perseverance, to have
recalled and established. They were chiefly these latter articles
of Magna Carta; and the barons who, at the beginning of these
commotions, demanded the revival of the Saxon laws,
undoubtedly
thought that they had sufficiently satisfied the people, by
procuring them this concession, which comprehended the principal
objects to which they had so long aspired." Hume, ch. 11.
Edward the First confessed that the Great Charter was
substantially identical with the common law, as far as it went,
when he commanded his justices to allow "the Great Charter as the
Common Law," " in pleas before them, and in judgment," as has
been already cited in this chapter. 25 Edward I., ch. 1,
(1297.)
In conclusion of this chapter, it may be safely asserted that the
veneration, attachment, and pride, which the English nation, for
more than six centuries, have felt towards Magna Carta, are in
their nature among the most irrefragable of all proofs that it
was the fundamental law of the land, and constitutionally binding
upon the government; for, otherwise, it would have been, in their
eyes, an unimportant and worthless thing. What those sentiments
were I will use the words of others to describe, the words,
too, of men, who, like all modern authors who have written on the
same topic, had utterly inadequate ideas of the true character of
the instrument on which they lavished their eulogiums.
Public-domain text, read in full here on John Shaqi.
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