Blackwood's Edinburgh Magazine, Vol. 63, No. 390, April, 1848Various
History
Blackwood's Edinburgh Magazine, Vol. 63, No. 390, April, 1848
Various
England -- Periodicals; Scotland -- Periodicals
The Saxon law continued in this state of humiliation until the reign of
John, with slight occasional advances towards freedom. But, in this
reign, the severity of the forest laws roused the barons into
insurrection, and the King was forced to sign the two famous
regulations, the Forest Charter, and the Great Charter. The former
diminished some of the cruelties of the forest law, and the latter laid
the foundations of the Constitution, by restoring the general principles
of the Saxon law. It protected the subject from the severity of royal
fines and royal loans, and considerably narrowed the wasteful
expenditure of the throne. In private rights, it established the
testamentary power of the husband over part of his estates, and the law
of dowery. In public police, it established a uniformity of weights and
measures, gave protection to commercial strangers, and forbade the
alienation of lands by mortmain. In matters of public justice, it
forbade all denials and delays of justice, established the court of
Common Pleas at Westminster, to relieve the suitor from following the
courts round the country; directed assizes and annual circuits to be
held, and appointed inquests. It established the liberties of London,
and of all the cities, towns, and ports of England. And finally, and by
its noblest act of power, it declared the protection of every man in his
life, liberty, and property, unless convicted by the judgment of his
peers, or the law of the land. This was perhaps the noblest document
ever published by a people, and well deserves its name of MAGNA CHARTA.
In the Popish controversy of our day, the existence of Magna Charta has
been adduced as a proof of the freedom encouraged under Popery. But it
is forgotten that the whole proceeding was instantly denounced by the
Pope, and laid under anathema. It was a recurrence to the laws of their
Saxon ancestors, demanded by the severe necessities of the time, and
originating in impulses of human nature too strong for the bondage of
the national superstition.
The glorious Reformation in the sixteenth century produced a hidden and
powerful change in the aspect of English law. The Papal supremacy fell,
and relieved the law of a most intolerable obstruction. The crown became
the true head of the government. Man no longer gave a divided allegiance
to an English monarch and an Italian monk; and the appointment of the
bishops was thenceforth taken from foreign hands, and invested in the
sovereign of the realm. Freedom now began to make palpable progress; for
although the prerogative was still unabated, and was often tyrannical in
the reigns of Henry, Mary, and Elizabeth, there was a growing tendency
to its abatement; and its use by Elizabeth was in general so lenient, as
to be scarcely perceptible.
Public-domain text, read in full here on John Shaqi.
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