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 general conclusion to be derived from this survey is that, while
much praise may be due to the baronial leaders for their comparatively
liberal interest in the rights of others, they are scarcely entitled to
the excessive laudation they have sometimes received. The rude
beginnings of many features which have since come into prominence in
English institutions (such as the conceptions of patriotism and
nationality and the principles of equality before the law and the tender
regard for the rights of the humble) may possibly be found in the germ
in some parts of the completed Charter; but the Articles of the Barons
were what their name implies, a baronial manifesto, seeking chiefly to
redress the private grievances of the promoters, and mainly selfish in
motive.
Yet, when all deductions have been made (and it has seemed necessary to
do this with emphasis in order to redress the false balance created by
the exaggerations of enthusiasts), the Great Charter still stands out as
a prominent landmark in the sequence of events which have led, in an
unbroken chain, to the consolidation of the English nation, and to the
establishment of a free and constitutional form of polity upon a basis
so enduring that, after more than eight centuries of growth, it still
retains the vigour and the buoyancy of youth.
IV. Magna Carta: an Estimate of its Value.
No evidence survives to show that the men of John’s reign placed any
excessive or exaggerated importance on the Great Charter; but, without a
break since then, the estimate of its worth steadily increased until it
came to be regarded almost as a fetish among English lawyers and
historians. No estimate of its value can be too high, and no words too
emphatic or glowing to satisfy its votaries. In many a time of national
crisis, Magna Carta has been confidently appealed to as a fundamental
law too sacred to be altered—as a talisman containing some magic spell,
capable of averting national calamity.
Are these estimates of its value justified by facts, or are they gross
exaggerations? Did it really create an epoch in English history? If so,
wherein did its importance exactly lie?
Public-domain text, read in full here on John Shaqi.
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