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
A Statute of 1369 (42 Edward III. c. 1), requires special notice, since
it commands that “the Great Charter and the Charter of the Forest be
holden and kept in all points, and if any statute be made to the
contrary that shall be holden for none.” Parliament in 1369 thus sought
to deprive future Parliaments of the power to effect any alterations
upon the terms of Magna Carta. Yet, if Parliament in that year had the
power to add anything by a new legislative enactment to the ancient
binding force of the Great Charter, it follows that succeeding
Parliaments, in possession of equal powers, might readily undo by a
second statute what the earlier statute had sought to effect. If
Parliament had power to alter the sacred terms of Magna Carta itself, it
had equal power to alter the less sacred statute of 1369 which declared
it unalterable. The terms of that statute, however, are interesting as
perhaps the earliest example on record of the illogical theory
(frequently reiterated in later years) that the English Parliament might
use its present legislative supremacy in such a manner as to limit the
legislative supremacy of other Parliaments in the future.
II. Magna Carta and the Reforms of Edward I.
The Great Charter, alike from its excellences and from its defects,
exercised a potent influence on the trend of events throughout the two
succeeding reigns. It is hardly too much to say that the failure of
Magna Carta to provide adequate machinery for its own enforcement is
responsible for the spirit of unrest and for the protracted struggles
and civil war which made up the troubled reign of Henry III.; while the
difference of attitude assumed by Henry and by his son Edward
respectively towards the scheme of reform it embodied explains the
fundamental difference between the two reigns—why the former was so full
of conflicts and distress, while the latter was so prosperous and
progressive. To trace the history of these reigns in detail lies outside
the scope of this Historical Introduction. It seems necessary, however,
to emphasize such outstanding events as have an obvious and close
connection with the Great Charter, and also to outline the policy of
Edward, which led ultimately to the triumph of its underlying
principles.
The fundamental difference between the reigns of Henry III. and Edward
I. lies in this, that while Henry, in spite of numerous nominal
confirmations of Magna Carta, never loyally accepted the settlement it
contained, Edward, on the contrary, acquiesced in the main provisions of
the Great Charter, under many subtle modifications it is true, yet
honestly on the whole, and with a sincere intention to carry them into
practice.
Public-domain text, read in full here on John Shaqi.
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