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
It is no disparagement to Magna Carta, then, to confess that part of its
power has been read into it by later generations, and lies in the halo,
almost of romance, which has gradually gathered round it in the course
of centuries. It became a battle cry for future ages, a banner, a
rallying point, a stimulus to the imagination. For a king, thereafter,
openly to infringe the promises contained in the Great Charter, was to
challenge the bitterness of public opinion—to put himself palpably in
the wrong. For an aggrieved man, however humble, to base his rights upon
its terms was to enlist the warm sympathy of all. Time and again, from
the Barons’ War against Henry III. to the days of John Hampden and
Oliver Cromwell, the possibility of appealing to the words of Magna
Carta has afforded a practical ground for opposition; an easily
intelligible principle to fight for; a fortified position to hold
against the enemies of the national freedom. The exact way in which this
particular document—dry as its details at first sight may seem—has, when
considered as a whole, fired the popular imagination, is difficult to
determine. Such a task lies rather within the sphere of the student of
psychology than of the student of history, as usually conceived. However
difficult it may be to explain this phenomenon, there is no doubt of its
existence. The importance of the Great Charter, originally flowing both
from the intrinsic and from the extrinsic features already described,
has greatly increased, as traditions, associations, and aspirations have
clustered more thickly round it. These have augmented in each succeeding
age the reverence in which it has been held, and have made ever more
secure its hold upon the popular imagination.
Thus Magna Carta, in addition to its legal value, has a political value
of an equally emphatic kind. Apart from and beyond the salutary effect
of the many useful laws it contained, its moral influence has
contributed to a marked advance of the national spirit, and therefore of
the national liberties. A few of the aspects of this advance deserve to
be emphasized. The King, by granting the Charter in solemn form,
admitted that he was not an absolute ruler—admitted that he had a master
over him in the laws which he had often violated, but which he now swore
to obey. Magna Carta has thus been truly said to enunciate and
inaugurate “the reign of law” or “the rule of law” in the phrase made
famous by Professor Dicey.[222]
-----
Footnote 222:
A. V. Dicey, _Law of the Constitution_, Part II.
-----
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