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
(2) Part of the value of Magna Carta may be traced to extrinsic causes;
to the circumstances which gave it birth—to its vivid historical
setting. The importance of each one of its provisions is emphasized by
the object-lessons which accompanied its inauguration. The whole of
Christendom was amazed by the spectacle of the King of a great nation
obliged to surrender at discretion to his own subjects, and that, too,
after he had scornfully rejected all suggestions of a compromise. The
fact that John was compelled to accept the Charter meant a loss of royal
prestige, and also great encouragement to future rebels. What once had
happened, might happen again; and the humiliation of the King was
stamped as a powerful image on the minds of future generations.
Such considerations almost justify enthusiasts, who hold that the
granting of Magna Carta was the turning-point in English history.
Henceforward it was more difficult for the king to invade the rights of
others. Where previously the vagueness of the law lent itself to
evasion, its clear re-statement and ratification in 1215 pinned down the
king to a definite issue. He could no longer plead that he sinned in
ignorance; he must either keep the law, or openly defy it—no middle
course was possible.
When all this has been said, it may still be doubted whether the belief
of enthusiasts in the excessive importance of Magna Carta has been fully
justified. Many other triumphs, almost equally important, have been won
in the cause of liberty, and under circumstances almost equally notable;
and many statutes have been passed embodying these. Why then should
Magna Carta be invariably extolled as the palladium of English
liberties? Is not, when all is said, the extreme merit attributed to it
mainly of a sentimental or imaginative nature? Such questions must be
answered partly in the affirmative. Much of its value _does_ depend on
sentiment. Yet all government is, in a sense, founded upon
sentiment—sometimes affection, sometimes fear. Psychological
considerations are all-powerful in the practical affairs of life.
Intangible and even unreal phenomena have played an important part in
the history of every nation. The tie that binds the British colonies at
the present day to the Mother Country is largely one of sentiment; yet
the troopers from Canada and New Zealand who responded to the call of
Britain in her hour of need produced practical results of an obvious
nature. The element of sentiment in politics can never be ignored.
Public-domain text, read in full here on John Shaqi.
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