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
INDEX TO STATUTES, 597
GENERAL INDEX 599
HISTORICAL INTRODUCTION.
PART I.
EVENTS LEADING TO MAGNA CARTA.
The Great Charter is too often treated as the outcome of purely
accidental causes. Students of its origin are sometimes content to
explain it as a mere tangible product of the successful resistance
called forth by the tyrannies of King John. That monarch’s personal
misdeeds, it is maintained, goaded into determined action a fierce
unflinching opposition which never rested until it had achieved success;
and the outcome of this success was the winning of the Great Charter of
Liberties. The moving causes of events of such tremendous moment are
thus sought in the characteristics and vices of one man. If John had
never lived and sinned, so it would appear, the foundations of English
freedom would never have been laid.
Such shallow views of history unnecessarily belittle the magnitude and
inevitable nature of the sequence of causes and effects upon which great
issues really depend. The compelling logic of events forces a way for
its own fulfilment, independent of the caprices, aims and ambitions of
individual men. The incidents of John’s career are the occasions, not
the causes, of the great national movement which laid the foundations of
English liberties. The origin of Magna Carta lies too deep to be
determined by any purely contingent or accidental phenomena. It is as
unwise as it is unnecessary to suppose that the course of constitutional
development in England was suddenly and violently wrested into a
completely new channel, merely because of the incapacity or misdeeds of
the temporary occupant of the throne. The source of the discontent
fanned to flame by John’s oppressions must be sought in earlier reigns.
The genesis of the Charter cannot be understood apart from its
historical antecedents, and these are inextricably bound up with the
whole story how England grew to be a nation.
Public-domain text, read in full here on John Shaqi.
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