Magna Carta: A Commentary on the Great Charter of King John: With an Historical IntroductionMcKechnie, William Sharp
History
Magna Carta: A Commentary on the Great Charter of King John: With an Historical Introduction
McKechnie, William Sharp
Constitutional history -- England -- Sources; Law -- England -- History; Law -- England -- Sources; Magna Carta
In expounding the origin of the Charter, it is necessary briefly to
narrate how the scattered Anglo-Saxon and Danish tribes and territories,
originally unconnected, were gradually welded together and grew into
England; how this fusion was made permanent by the growth of a strong
form of centralized monarchical government which crushed out all
attempts at local independence, and threatened to become the most
absolute despotism in Europe; and how, finally, the Crown, because of
the very plenitude of its power, challenged opposition and called into
play forces which set limits to royal prerogatives and royal
aggressions, and at the same time laid the foundations of the reign of
law. A short survey of the early history of England forms a necessary
preliminary to a right understanding of Magna Carta. Such a survey makes
prominent two leading movements, one of which succeeds the other;
namely, the establishment of a strong monarchy able to bring order out
of anarchy, and the subsequent establishment of safeguards to prevent
this source of order degenerating into an unrestrained tyranny, and so
crushing out not merely anarchy but legitimate freedom as well. The
later movement, in favour of liberty and the Great Charter, was the
natural complement, and, in part, the consequence of the earlier
movement in the direction of a strong government able to enforce peace.
In historical sequence, order precedes freedom.
These two problems, each forming the counterpart of the other,
necessarily arise in the history of every nation, and in every age; the
problem of _order_, or how to found a central government strong enough
to suppress anarchy, and the problem of _freedom_, or how to set limits
to an autocracy threatening to overshadow individual liberty. Neither of
these problems can ever be ignored, not even in the twentieth century;
although to-day the accumulated political experience of ages has enabled
modern nations, such at least as are sufficiently educated in
self-government, to thrust them into the background, out of view. Deep
political insight may still be acknowledged in Æsop’s fable of Jupiter
and the frogs. King Log proves as ineffective against foreign invasion
as he is void of offence to domestic freedom; King Stork secures the
triumph of his subjects in time of war, but devours them in time of
peace. All nations in their early efforts to obtain an efficient
government have to choose between these two types of ruler—between an
executive, harmless but weak; and one powerful enough effectively to
direct the business of government at home and abroad, but ready to turn
the powers entrusted to him for the good of all, to his own selfish uses
and the trampling out of his subjects’ liberties.
Public-domain text, read in full here on John Shaqi.
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