Civil Government in the United States Considered with Some Reference to Its OriginsFiske, John
History
Civil Government in the United States Considered with Some Reference to Its Origins
Fiske, John
United States -- Politics and government
An island in the Thames between Staines and Windsor had been chosen as
the place of conference: the King encamped on one bank, while the
barons--covered the marshy flat, still known by the name of Runnymede,
on the other. Their delegates met in the island between them, but the
negotiations were a mere cloak to cover John's purpose of unconditional
submission. The Great Charter was discussed, agreed to, and signed in a
single day. One copy of it still remains in the British Museum, injured
by age and fire, but with the royal seal still hanging from the brown,
shrivelled parchment. It is impossible to gaze without reverence on the
earliest monument of English freedom which we can see with our own eyes
and touch with our own hands, the great Charter to which from age to age
patriots have looked back as the basis of English liberty. But in itself
the Charter was no novelty, nor did it claim to establish any new
constitutional principles. The Charter of Henry the First formed the
basis of the whole, and the additions to it are for the most part formal
recognitions of the judicial and administrative changes introduced by
Henry the Second. But the vague expressions of the older charters were
now exchanged for precise and elaborate provisions. The bonds of
unwritten custom which the older grants did little more than recognize
had proved too weak to hold the Angevins; and the baronage now threw
them aside for the restraints of written law. It is in this way that the
Great Charter marks the transition from the age of traditional rights,
preserved in the nation's memory and officially declared by the Primate,
to the age of written legislation, of Parliaments and Statutes, which
was soon to come. The Church had shown its power of self-defence in the
struggle over the interdict, and the clause which recognized its rights
alone retained the older and general form. But all vagueness ceases when
the Charter passes on to deal with the rights of Englishmen at large,
their right to justice, to _security of person and property, to good
government_. 'No freeman,' ran the memorable article that lies at the
base of our whole judicial system, 'shall be seized or imprisoned, or
dispossessed, or outlawed, or in any way brought to ruin; we will not go
against any man nor send against him, save by legal judgment of his
peers or by the law of the land.' 'To no man will we sell,' runs
another, 'or deny, or delay, right or justice.' The great reforms of the
past reigns were now formally recognized; judges of assize were to hold
their circuits four times in the year, and the Court of Common Pleas was
no longer to follow the King in his wanderings over the realm, but to
sit in a fixed place. But the denial of justice under John was a small
danger compared with the lawless exactions both of himself and his
predecessor. Richard had increased the amount of the scutage which Henry
II. had introduced, and applied it to raise funds for his ransom. He had
Public-domain text, read in full here on John Shaqi.
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