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 may be conceded that the framers of Magna Carta builded better than
they knew, and likewise that many of the traditions as to the intent,
meaning and scope of its provisions--traditions which were so potent
and inspiring during the seventeenth and eighteenth centuries--were
founded, as is now asserted, upon legends and myths. Yet, these legends
and traditions, growing up and clustering around Magna Carta, served
to keep alive and perpetuate its spirit. They generated the sentiment
which impelled men to patriotic and heroic sacrifice in the cause of
liberty; they sustained generation after generation in the recurring
struggles for political justice and equality before the law; they
formed and preserved a public morality which prevented violations of
the principles of the Great Charter, and they were of incalculable
inspiration and encouragement to Englishmen and Americans, if not to
the whole world. The great traditions of Magna Carta have made its
heritage peculiarly valuable and its service to humanity immortal. It
is because of these traditions that Magna Carta is doubly sacred to us,
as it was to our forefathers.
Many of us, however, venture to believe that the unknown author of the
original Articles of the Barons or of the Great Charter itself--if
it was not the learned Stephen Langton, who had been educated at the
University of Paris and was familiar with Roman and canonical law and
the charters of liberties which the kings of France had been granting
to their subjects--knew far more of the underlying and vivifying
principles of jurisprudence and politics than some of our modern
critics are willing to attribute to that generation. Be this as it
may, the political instinct of our race must have guided the framers
to the eternal truths upon which the Great Charter of Liberties was
based, even though they imperfectly comprehended these truths, or
did not comprehend them at all. A single phrase like "the law of the
land" in a political document is often wiser than is realized, not
merely by the masses who acclaim it, but even by the leaders who write
it. It may happily serve to preserve and compress into very small
compass the relics of ancient wisdom, notwithstanding the fact that
later generations are frequently puzzled to decipher the contents
and discover the meaning. Such a phrase, as has been well said of
the language of a nation, "sometimes locks up truths which were once
well known, but which in the course of ages have passed out of sight
and been forgotten. In other cases it holds the germs of truths, of
which, though they were never plainly discerned, the genius of its
framers caught a glimpse in a happy moment of divination, ... and often
it would seem as though rays of truths, which were still below the
intellectual horizon, had dawned upon the imagination as it was looking
up to heaven."[2]
Public-domain text, read in full here on John Shaqi.
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