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 the attempt to analyze the leading provisions, various principles of
classification have been adopted. Three of these stand out prominently:
the various chapters may be arranged according to the functions of the
central government which they were intended to limit; according to their
own nature as progressive, reactionary, or merely declaratory; and,
finally, according to the classes of the community which reaped the
greatest benefit.
I. _Provisions classified according to the various prerogatives of the
Crown which they affect._
Dr. Gneist[194] adopts this principle of division, and arranges the
chapters of Magna Carta into five groups according as they place legal
limitations (1) on the feudal military power of the Crown, (2) on its
judicial power, (3) on its police power, (4) on its financial power, or
(5) furnish a legal sanction for the enforcement of the whole. In spite
of Dr. Gneist’s high authority, it is doubtful whether an analysis of
Magna Carta upon these somewhat arbitrary lines throws much light on its
main objects or results. Such a division, if convenient for some
purposes, seems artificial and unreal, since it is founded on
distinctions which were not clearly formulated in the thirteenth
century. The adoption of such a principle of classification with
reference to a period when the various functions of the executive were
still blended together indiscriminately is somewhat of an
anachronism.[195]
-----
Footnote 194:
_Hist. Engl. Const._, Chapter XVIII.
Footnote 195:
Dr. Gneist indeed almost confesses this, when, in discussing the
limitations of the financial power, he feels constrained to say that
many of these are “already comprised in the provisions touching the
feudal power.”
-----
II. _Provisions classified according as they are of a progressive,
reactionary, or declaratory nature._
Among the many questions pressing for answer, none seem more natural
than those which inquire into the relations between the promises made in
the Charter and the system of government actually at work under Henry of
Anjou and his sons; or the relations between these promises and the
still older laws of Edward Confessor.
Public-domain text, read in full here on John Shaqi.
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