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 uses to which it has been put, and the interpretations which have
been read into it, are so numerous and so varied, that they would
require a separate treatise to do them justice. Not only was Magna
Carta, as will be shown in some detail in a later section, frequently
reissued and confirmed, but its provisions have been asserted and
re-asserted time after time, in Parliament, in the courts of justice,
and in institutional works on jurisprudence. Its influence has thus been
threefold; and any attempt to explain its bearing on the subsequent
history of English liberties would require to distinguish between these
three separate and equally important aspects. (1) It has supplied a
powerful instrument in the hands of politicians, especially of the
leaders of the House of Commons in the seventeenth century, when waging
the battle of constitutional freedom against the Stewart dynasty. (2)
Its legal aspect has been as important as its political one, since it
has been cited in innumerable litigations before the various courts of
law. In the course of legal debate and of judicial opinions, it has been
the subject of many and conflicting interpretations, some of them
accurate and some erroneous. (3) Finally, it has been discussed in many
commentaries either exclusively devoted to its elucidation or else
treating of it incidentally in the course of general expositions of the
law of England.
An exhaustive search throughout the seven centuries which separate us
from 1215 for instances in which Magna Carta has appeared in the arena
of politics, on the judicial bench, or in legal treatises would prove a
gigantic task, but could hardly fail to illustrate the inestimable
services it has rendered to English liberties.
In the light of the important part which Magna Carta has thus played
throughout many centuries of English history, it need not excite wonder
that the estimation in which it was held, high as that was from a very
early period, has gradually increased, until it has overstepped all due
bounds, and has become utterly exaggerated and distorted. While some
sympathy may be felt for such extravagant admiration, not unnatural in
the circumstances, it is clearly the duty of the commentator to correct
false impressions. It is well to point out that no document of human
origin can be really worthy of the excessive eulogy of which the Great
Charter has been made the subject; unfortunately, it has more frequently
been described in terms of inflated rhetoric than of sober methodical
analysis.[229]
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Footnote 229:
Public-domain text, read in full here on John Shaqi.
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