Magna Carta: A Commentary on the Great Charter of King John: With an Historical Introduction — John Shaqi
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
While reference has been made throughout to original sources where these
were available, advantage has been freely taken of the labours of
others. If a debt of gratitude requires to be here acknowledged to
previous commentators, a far deeper debt is due to many scholars who
have, within recent years, by their labours in various fields not
directly connected with Magna Carta, incidentally thrown light on topics
of which the Charter treats. Of Bishop Stubbs it is almost unnecessary
to speak, since his works form the common starting-point of all
historians and constitutional lawyers of the present generation. Readers
versed in modern literature will readily trace the influence of Prof.
Maitland, Mr. J. Horace Round, Sir Frederic Pollock, Mr. L. O. Pike, and
Prof. Prothero; while the numerous other authorities laid under
contribution are referred to in the foot-notes and the appended
bibliography. Frequent reference has been made to two independent and
scholarly histories of the reign of John which have recently
appeared—Miss Norgate’s _John Lackland_, and Sir James H. Ramsay’s
_Angevin Empire_. Of the older books dealing directly with the subject
in hand, Sir William Blackstone’s _Great Charter_ has been found the
best; while among modern works the _Chartes_ of M. Charles Bémont is the
most valuable. The inexhaustible stores of Madox’s _History of the
Exchequer_ have also been freely drawn upon.
While these pages were passing through the press a brilliant essay by
Mr. Edward Jenks appeared in the pages of _The Independent Review_ for
November 1904, whose title _The Myth of Magna Carta_ indicates the
unconventional and iconoclastic lines on which it proceeds. He argues
with much force that the Charter was the product of the selfish action
of the barons pressing their own interests, and not of any disinterested
or national movement; that it was not, by any means, “a great landmark
in history”; and that, instead of proving a material help in England’s
advance towards constitutional freedom, it was rather “a stumbling block
in the path of progress,” being entirely feudal and reactionary in its
intention and effects. Finally, for most of the popular misapprehensions
concerning it, he holds Sir Edward Coke responsible. How far the present
writer is in agreement with these opinions will appear from the
following pages: but Mr. Jenks’ position would seem to require
modification in at least three respects: (1) A few of the provisions of
John’s Charter are by no means of a reactionary nature. (2) Coke cannot
be credited with the initiation of all, or even most, of the popular
fallacies which have come, in the course of centuries, to cluster so
thickly round the Charter. (3) Mr. Jenks, perhaps, undervalues the
importance of traditional interpretations which, even when based on
insecure historical foundations, are shown in the sequel to have proved
of supreme value in the battle of freedom.
Public-domain text, read in full here on John Shaqi.
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