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
Extravagant estimates of its value will readily occur to anyone
acquainted with the literature of the subject. For example, Sir James
Mackintosh (_History of England_, I. 218, edn. of 1853) declares that
we are “bound to speak with reverential gratitude of the authors of
the Great Charter. To have produced it, to have preserved it, to have
matured it, constitute the immortal claim of England upon the esteem
of mankind. Her Bacons and Shakespeares, her Miltons and Newtons,
etc., etc.” Such uncritical eulogy contributes nothing to the
understanding of Magna Carta.
Nor has this tendency to unthinking adulation been entirely confined to
popular writers; judges and institutional authors, even Sir Edward Coke
himself, have too often lost the faculty of critical and exact
scholarship when confronted with the virtues of the Great Charter. There
is scarcely one great principle of the English constitution of the
present day, or indeed of any constitution in any day, calculated to
secure national liberties, or otherwise to win the esteem of mankind,
which has not been read by commentators into the provisions of Magna
Carta. In particular, the political leaders of the seventeenth and
eighteenth centuries discovered among its chapters every important
reform which they desired to introduce into England, thereby disguising
the revolutionary nature of many of their projects by dressing them in
the garb of the past.
Many instances of the constitutional principles and institutions, with
the origin of which successive commentators have erroneously credited
the Great Charter, will be expounded under the appropriate chapters of
the sequel. It will be sufficient in the meantime to enumerate trial by
jury; the right of every prisoner to obtain a writ of Habeas Corpus; the
abolition of all arbitrary imprisonment at the king’s command; the
complete prohibition of monopolies; the enunciation of a close and
indissoluble tie between taxation and representation; equality of all
and sundry before the law; a matured conception of nationality,
embracing high and low, freeman and villein alike: all these, and more,
have been discovered in various clauses of the Great Charter.[230]
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Footnote 230:
Edmund Burke (_Works_, II. 53, edn. of 1837, Boston) credits Magna
Carta with creating the House of Commons! “Magna Charta, if it did not
give us originally the House of Commons, gave us at least a House of
Commons of weight and consequence.” As will be shown in the sequel,
chapter 14 of the Great Charter (the only one bearing on the subject)
is in reality of a reactionary nature, confining the right of
attendance at the _commune concilium_ to the freeholders of the Crown
and departing from the precedent of two years earlier, which
introduced representatives of each county.
Public-domain text, read in full here on John Shaqi.
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