Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
History
Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
It is undoubtedly true that Magna Carta contained much that was old in
1215 and much that subsequently became antiquated because inapplicable
to changed conditions; yet it then crystallized and served to
perpetuate the fundamental principles of the liberties of Englishmen.
Solemnly confirmed no less than thirty-seven times by seven kings of
England, it naturally became in the eyes of Englishmen the embodiment
of their deepest and most firmly rooted rights and liberties and their
great and stirring battle-cry against tyranny. The reissue of 1225
still remains on the English statute books as in full force and effect,
so that, as an English historian has recently said, every act appearing
on the statute rolls is in a sense an act amending Magna Carta.
The spirit of Magna Carta, as it thus survived, has for centuries
inspired Englishmen and Americans, even though its letter may be dead
and most of its provisions may long ago have become obsolete and their
exact meaning hidden beneath the ruins of the past. Indeed, provisions
of the Great Charter were frequently violated by king and parliament
after 1215, and were allowed to fall into neglect for generations at a
time; but it cannot be doubted that, if the principles they embodied
had been observed, they would have secured permanent political liberty
and constitutional government to England long before the seventeenth
century, and that only disregard of those principles made possible the
five centuries of tyranny and oppression recorded by English history.
It may likewise be true, as some historians of the scientific school
are now contending, that the framers of the Great Charter and the
representatives of the English church, baronage and people gathered on
the meadows at Runnymede on the 15th day of June, 1215, had little or
no grasp of the science of politics or of constitutional principles
as we understand them. It is probably true that they had no very
definite conception of the theory of representative government, or of
the separation of governmental powers, or of those inalienable rights
of the individual which our Declaration of Independence was later to
proclaim, just as it is probably true that very few of them could even
read the language in which the charter was written. But statesmen and
lawyers, in dealing with the practical problems of constitutional
government, will not minimize the value of Magna Carta, and our debt
to the generation that forced it from King John, merely because the
underlying principles may not have been fully grasped by its framers
and its traditions may be based on legends and myths. It is enough that
the charter contained the germ and the spirit of civil liberty and
political justice.
Public-domain text, read in full here on John Shaqi.
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