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 reasonable to assume and, in view of the surrounding
circumstances and the language then employed, it is highly probable
that, under the lead of Langton, who was born of English parents and
intensely patriotic, probably himself the author of the clause, the
churchmen of that day conceived that the religion of the English people
ought to be free from governmental control, and that the English church
had interests and privileges independent of the crown and independent
likewise of the interests and policies of Rome. At that very time
the English churchmen, in cooperating with the barons and people of
England to secure Magna Carta, were acting against the will of Rome;
indeed, as we know, the Pope promptly denounced the Great Charter
and the patriot primate, because the Pope considered that the Great
Charter was derogatory to the dignity of King John as a vassal of the
Holy See. In this provision of Magna Carta relating to the English
church, even though it was disregarded for centuries, we recognize
the idea of religious liberty and the American political principle
of the separation of Church and State, as also, though vaguely, the
great principle underlying the noble declaration in our own state
constitution that "the free exercise and enjoyment of religious
profession and worship, without discrimination or preference, shall
forever be allowed in this state to all mankind."
The provisions of the Great Charter relating to the administration
of justice were undoubtedly those which were of chief concern to
the people at large, as they were certainly, if observed, those most
essential for the security of their liberties. The framers knew that
it was in the courts that the king of England would keep his promises,
if at all, and that the king's government would only be as good as his
judges were learned, independent and impartial. In these provisions of
Magna Carta we find the principle of the separation and independence
of the judicial power and the soundest and highest conceptions of the
administration of justice, conceptions far in advance of those to be
found in any other document or enactment of that age.
Public-domain text, read in full here on John Shaqi.
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