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
(6) In 1772 Prof. Francis Stoughton Sullivan gave to the public his
course of lectures previously delivered in the University of Dublin
under the title _An Historical Treatise on the Feudal Law, with a
Commentary on Magna Charta_. The author’s own words give a sufficiently
accurate conception of its scope and value: “I shall therefore proceed
briefly to speak to _Magna Charta_, and in so doing shall omit almost
all that relates to the feudal tenures, which makes the greatest part of
it, and confine myself to that which is now law.”[317]
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Footnote 317:
See p. 375 of the work cited.
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(7) Mr. John Reeves’ invaluable _History of English Law_, the first
edition of which appeared in 1783-84, marked the commencement of a new
epoch in the scientific study of the genesis of English law. Treating
incidentally of Magna Carta, he shows wonderful insight into the real
purport of many of its provisions, but the state of historical knowledge
when he wrote rendered many serious errors inevitable.
(8) In 1829, Mr. Richard Thomson published an elaborate edition of the
charters combined with a commentary which contains much useful
information, but makes no serious attempt to supplement the unhistorical
explanations of Sir Edward Coke by the results of more recent
investigations in the provinces of law and history. His work is a
storehouse of information which must, however, be used with caution.
(9) In many respects, the most valuable contribution yet made to the
elucidation of the Great Charter is that contained in M. Charles
Bémont’s preface to his _Chartes des Libertés Anglaises_, published in
1892. Although he has subjected himself to the severe restraints imposed
by the slender size of his volume and by a rigid desire to state only
facts of an undisputed nature, leaving theories strictly alone; he has,
nevertheless, done much to help forward the study of the charters. In
particular he has performed an important service by insisting upon the
close mutual connection between the various Charters of Liberties, from
that of Henry I. down to the confirmations of Edward I., and of
subsequent kings. It is doubtful, however, whether by this very
insistence upon the gradual process of development which may be traced
in this long series, he does not lay himself open to the misconception
that he takes too narrow a view of the scope and relations of the
Charter. Magna Carta’s points of contact with the past and future
history of English liberties and English laws and institutions must not
be narrowed down to those occurring in one straight line. Its
antecedents must not be looked for exclusively among documents couched
in the form of charters, nor its results merely in their subsequent
confirmations. It is impossible to understand it aright, except in close
relation to all the varied aspects of the national life and the national
development. Every Act appearing on the Statute Rolls is, in a sense, an
Public-domain text, read in full here on John Shaqi.
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