Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
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Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
First and foremost among the cardinal principles of Magna Carta was
the idea, then beginning again to germinate throughout Europe, that
the individual has natural rights as against the government, and that
those rights ought to be secured to him by fundamental laws which
should be unalterable by king or council. No one can study the history
of European politics during the great constructive thirteenth century
without being impressed by the fact of the revival of this conception
in men's minds, not only in England, but on the Continent, where it
manifested itself in varying forms and in different connections. I say
revival, because the same conviction had prevailed hundreds of years
before in both Greece and Rome; but it had been lost for centuries.
The idea that the fundamental laws of the land--the pious and good old
laws of Alfred and of Edward, as the English called them, or _les lois
fondamentales_, as the French were then calling them--were unalterable
and that any governmental regulation, or edict, or statute to the
contrary should be treated as void and null, is plainly enunciated in
the first chapter of Magna Carta, where King John grants to the freemen
of the kingdom "all the underwritten liberties, to be had and held by
them and their heirs, of us and our heirs forever," and in chapter
sixty-one, where the king covenants that he "shall procure nothing from
any one, directly or indirectly, whereby any part of these concessions
and liberties might be revoked or diminished; and if any such thing
has been procured, let it be void and null." It is certain that during
the thirteenth and fourteenth centuries the theory generally prevailed
in England that the concessions and liberties of the Great Charter
had been granted forever and were unalterable by the king, or even by
parliament. Thus, we find parliament enacting in 1369, with the consent
of Edward III., that the Great Charter of Liberties should be "holden
and kept in all points, and if any statute be made to the contrary,
that shall be holden for none."
Public-domain text, read in full here on John Shaqi.
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