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
If these tendencies to excessive and sometimes ignorant praise have been
unfortunate from one point of view, they have been most fortunate from
another. The legal and political aspects must be sharply contrasted. On
the one hand, the vague and inaccurate words used in speaking of the
Charter even by great lawyers, such as Coke (not necessarily equally
great as historians, living as they did in an age when the science of
history was unknown), have not only obscured the bearing of many
chapters, but have done a distinct injury to the study of the
development of English law. On the other hand, as the mistakes made in
commenting on the Charter have been almost entirely due to a laudable
desire to extend as widely as possible its provisions in favour of
individual and national liberties, and to magnify generally its
importance; the service these very errors have done to the cause of
constitutional progress is measureless. If political bias has coloured
the interpretation placed on many of the most famous clauses, the
ensuing benefit has accrued not to any one narrow party or faction, not
to any separate class or interest, but rather to the entire body politic
and to the cause of national progress in its widest and best
developments.
Thus the historian of Magna Carta, while bound to correct estimates now
seen to be erroneous in the light of modern research, cannot afford to
despise or under-estimate the value of traditional interpretations. The
meanings which have been read into it by the learned men of later ages,
and which have been acquiesced in by public opinion of the day, have had
an equally potent effect whether they were historically well founded or
ill founded. The stigma of being banned by the Great Charter was usually
too great a burden for any institution or line of policy to bear. If the
belief prevailed that an abuse complained of was really prohibited by
Magna Carta, the most arbitrary king had difficulty in finding judges
who would declare it legal, or trustworthy ministers who would persevere
in enforcing it. The prevalence of such a belief was the main point;
whether it was well or ill founded was, for political purposes, quite
immaterial. The greatness of Magna Carta lies not so much in what it was
to its framers in 1215, as in what it afterwards became to the political
leaders, to the judges and lawyers, and to the entire mass of the men of
England in later ages.
VII. Magna Carta. Its traditional relation to Trial by Jury.
Public-domain text, read in full here on John Shaqi.
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