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
Act amending Magna Carta; while such enactments as the Statute of
Marlborough and the Statute of Westminster I. have as intimate a
connection with John’s Great Charter as the _Confirmatio Cartarum_ or
the _Articuli super Cartas_ have. This is a truth which M. Bémont
undoubtedly recognizes, though the scheme of his book led him rather to
emphasize another and, at first sight, contradictory aspect of his
subject. His object was not to explain the numerous ways in which the
Charters of Liberties are entwined with the whole of English history,
but merely to furnish a basis for the accurate study of one of their
most important features. His book is indispensable, but is not intended
to form, in any sense, a commentary on Magna Carta.
It would thus appear that only two serious attempts have been made to
produce treatises forming, explicitly and exclusively, commentaries on
the Great Charter, namely the _Second Institute_ of Coke and the
laborious and useful work of Mr. Richard Thomson. Since Mr. Thomson’s
_Magna Charta_ appeared, three-quarters of a century have passed,
marking an enormous advance in historical and legal science; yet the
results of modern research, so capable of throwing light on the
subject-matter of the Great Charter, have never been systematically
brought to bear upon it. Dr. Stubbs, from whom such a work would have
been especially welcome, contented himself with giving a paraphrase or
abstract of the Charter, rendering into English equivalents as literally
as possible the actual words of his Latin text—a cautious course, which
cannot lead his disciples astray, but leaves them to the guidance of
their own ignorance rather than of his knowledge. The reason given by
Dr. Stubbs for keeping silence is rather the excess than the absence of
information. “The whole of the constitutional history of England,” he
tells us, “is little more than a commentary on Magna Carta.”[318] It is
for this reason, presumably, that he refrains from all explanations and
confines himself to an abstract of its main provisions. While thus many
invaluable hints may be obtained from the pages of the three volumes of
his history, and from his other works, Dr. Stubbs has not in any of his
published writings contributed anything of the nature of a direct
commentary upon John’s Great Charter. In this policy, he has been
followed by the members of the great modern school of English historians
of which he is the founder.[319]
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Footnote 318:
See _Const. Hist._, I. 572, and cf. _Select Charters_, 296.
Footnote 319:
One of the most brilliant members of that school, Mr. Prothero, whose
power of rendering difficult subjects both lucid and interesting would
specially have qualified him for the task of explaining Magna Carta,
declines the task partly upon the ground that it would be impossible
"to throw any new light on a subject exhausted by the ablest
writers."—_S. de Montfort_, p. 14.
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Public-domain text, read in full here on John Shaqi.
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