History for ready reference, Volume 2, El Dorado to GreavesLarned, J. N. (Josephus Nelson)
History
History for ready reference, Volume 2, El Dorado to Greaves
Larned, J. N. (Josephus Nelson)
History -- Dictionaries
"As this was the first effort towards a legal government, so
is it beyond comparison the most important event in our
history, except that, Revolution without which its benefits
would have been rapidly annihilated. The constitution of
England has indeed no single date from which its duration is
to be reckoned. The institutions of positive law, the far more
important changes which time has wrought in the order of
society, during six hundred years subsequent to the Great
Charter, have undoubtedly lessened its direct application to
our present circumstances. But it is still the key-stone of
English liberty. All that has since been obtained is little
more than as confirmation or commentary. ... The essential
clauses of Magna Charta are those which protect the personal
liberty and property of all freemen, by giving security from
arbitrary imprisonment and arbitrary spoliation.
{803}
'No freeman (says the 29th chapter of Henry III.'s charter,
which, as the existing law, I quote in preference to that of
John, the variations not being very material) shall be taken
or imprisoned, or be disseised of his freehold, or liberties,
or free customs, or be outlawed, or exiled, or any otherwise
destroyed; nor will we pass upon him, nor send upon, but by
lawful judgment of his peers, or by the law of the land. We
will sell to no man, we will not deny or delay to any man,
justice or right.' It is obvious that these words, interpreted
by any honest court of law, convey an ample security for the
two main rights of civil society."
_H. Hallam,
The Middle Ages,
chapter 8, part 2._
"The Great Charter, although drawn up in the form of a royal
grant, was really a treaty between the king and his subjects.
... It is the collective people who really form the other high
contracting party in the great capitulation,--the three
estates of the realm, not, it is true, arranged in order
according to their profession or rank, but not the less
certainly combined in one national purpose, and securing by
one bond the interests and rights of each other, severally and
all together. ... The barons maintain and secure the right of
the whole people as against themselves as well as against
their master. Clause by clause the rights of the commons are
provided for as well as the rights of the nobles. ... The
knight is protected against the compulsory exaction of his
services, and the horse and cart of the freeman against the
irregular requisition even of the sheriff. ... The Great
Charter is the first great public act of the nation, after it
has realised its own identity. ... The whole of the
constitutional history of England is little more than a
commentary on Magna Carta."
_W. Stubbs,
Constitutional History of England,
chapter 12, section 155._
The following is the text of Magna Carta;
Public-domain text, read in full here on John Shaqi.
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