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
the peculiar beauty of the charter”; so we are told by Hallam.[201]
Bishop Stubbs unequivocally enunciated the same doctrine. “Clause by
clause the rights of the commons are provided for as well as the rights
of the nobles.... This proves, if any proof were wanted, that the
demands of the barons were no selfish exactions of privilege for
themselves.”[202]
-----
Footnote 199:
House of Lords, 9th January, 1770.
Footnote 200:
_History of English Constitution_, 151.
Footnote 201:
_Middle Ages_, II. 447.
Footnote 202:
_Const. Hist._, I. 570-1.
-----
Dr. Gneist is of the same opinion. “Magna Carta was a pledge of
reconciliation between all classes. Its existence and ratification
maintained for centuries the notion of fundamental rights as applicable
to all classes in the consciousness that no liberties would be upheld by
the superior classes for any length of time, without guarantees of
personal liberties for the humble also.”[203]
-----
Footnote 203:
Gneist, _Hist. of Engl. Parl._ (trans. by A. H. Keane), 103. Cf. his
_Const. Hist._ (trans. by P. A. Ashworth), 253. “A separate right for
nobles, citizens, and peasants, was no longer possible.”
“The rights which the barons claimed for themselves,” says John Richard
Green,[204] before proceeding to enumerate them, “they claimed for the
nation at large.” The testimony of a very recent writer, Dr. Hannis
Taylor,[205] may close this series. “As all three orders participated
equally in its fruits, the great act at Runnymede was in the fullest
sense of the term a national act, and not a mere act of the baronage on
behalf of their own special privileges.” It would be easy to add to this
“cloud of witnesses,” but enough has been said to prove that it has been
a common boast of Englishmen, for many centuries, that the provisions of
the Great Charter were intended to secure, and did secure, the liberties
of every class and individual of the nation, not merely those of the
feudal magnates on whose initiative the quarrel was raised.
-----
Footnote 204:
_Short History of the English People_, 124.
Footnote 205:
_English Constitution_, I. 380.
-----
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account