Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
History
Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
The framers had grasped the great truth that jurisprudence is a
science, that the law must be administered by men learned in that
science and bound to obey its rules and follow its precedents, that
uniformity and certainty are essential to the administration of
justice, and that the highest political liberty is the right to justice
according to law and not according to the will of the judge or the
judge's master, or according to the judge's individual discretion, or
his notions of right and wrong. They had also arrived at the conclusion
that every Englishman was entitled as of absolute right to a day in a
court which would hear before it condemned, which would proceed upon
notice and inquiry, and which would render judgment only after a fair
trial. The plain people of England knew full well that the struggle
for their old laws--the laws of their land, pious, good, fixed and
permanent, as they devoutly believed them to be--would be fruitless
unless they secured permanent courts and learned, independent and
impartial judges; and they instinctively felt, if they did not clearly
perceive, that the law is infinitely wiser than those who may be called
upon to administer it, and that, as Aristotle had declared fifteen
hundred years before, "to seek to be wiser than the laws is the very
thing which is by good laws forbidden."
It was Magna Carta that established in England the doctrine of the
rule of law administered in fixed courts by learned and independent
judges bound to obey the law; and it was Magna Carta that established
the greatest of all the English constitutional doctrines, that of
the supremacy of the law over every official however high. When the
Great Charter was being translated and explained in the cathedrals,
churches and monasteries of England, the people fully understood the
tremendous significance and value to them, determined as they were to
establish a rule of law and put an end to arbitrary decrees, of the
famous covenant in chapter forty-five that the king would "appoint as
justices, constables, sheriffs, or bailiffs only such as know the law
of the realm and mean to observe it well," and of the covenants in
chapter seventeen that the "common pleas shall not follow our court,
but shall be held in some fixed place"--in chapter eighteen that the
petty assizes should be held in the county court--in chapter thirty-six
that the writ of inquisition should be freely "granted, and never
denied"--in chapter forty that "to no one will we sell, to no one
will we refuse or delay, right or justice," which in time came to be
interpreted as a universal guaranty of free and impartial justice to
all classes high and low.
Public-domain text, read in full here on John Shaqi.
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