The Chautauquan, Vol. 03, January 1883: A Monthly Magazine Devoted to the Promotion of True Culture.; Organ of the Chautauqua Literary and Scientific CircleChautauqua Literary and Scientific Circle
History
The Chautauquan, Vol. 03, January 1883: A Monthly Magazine Devoted to the Promotion of True Culture.; Organ of the Chautauqua Literary and Scientific Circle
Chautauqua Literary and Scientific Circle
Chautauqua Institution -- Periodicals; Chautauqua Literary and Scientific Circle -- Periodicals
But this is not a constitution, not a statement of rights; it is a
statute-law of the sort then possible, viz: in the form of a royal
edict. In each section the king ordains so and so. Nor is it a charter
in the interest of the rights of man. The bondsmen, who made the bulk
of the population of England at that time, are not included in its
benefits, and not mentioned save once, and that exception was doubtless
inserted for the benefit of the masters, for it exempts from execution
the tools of the slave, which of course belonged to his owner. So much
for what the charter is not and does not.
A large share of its articles are devoted to defining and regulating
the feudal tenure, duties and rights of the barons, and were quite
selfish in their scope, although they mark progress as reducing
ill-understood relations of king and feudatories for the first time to
a written form. But they went further, and stipulated that all these
privileges and immunities should apply to all classes of freemen—an
important point, as it made Normans and Englishmen equal before the
law. Much space is devoted to regulating business and commercial
matters; as leasehold rights, treatment of the estates of wards and
widows, fixing the widow’s right of dower, freeing of trade, home
and foreign, from restrictions and imposts, regulating fisheries,
bridge-building, highways, weights and measures.
Advancing into the domain of property and personal rights, it fixed
the terms and places of courts and opened them freely to all; no man
could be tried without witnesses, or detained in prison without trial;
borough franchises were declared inviolable. Then came three sections
which struck at the heart of the tyrannical practices of John’s reign:
Foreign officers, temporal or spiritual, were to be removed and their
holdings filled by Englishmen; and mercenary troops were to be removed
from the realm.
“Justice or right shall not be sold, delayed or denied to any man.”
And then came the declaration of civil rights, which has never ceased
to echo wherever free institutions aspired to live:
“No freeman shall be taken, or imprisoned, or disseized of rights and
property, or be outlawed or exiled, or otherwise destroyed but by
lawful judgment of his peers or the law of the land.”
This grand declaration was five hundred years ahead of the times,
and was not made a fact sooner than that; but all the same, it made
the condition of “freeman” in England a great prize for the slave to
struggle for, and under all the stormy vicissitudes of royal, baronial
and clerical oppression of succeeding ages; made the condition of men
in England infinitely superior to that of subjects of other realms—in
fact, and in the end, made England what she is, America what _she_ is
as to free institutions.
So, on the whole, those iron-fisted old barons did their work well,
according to their light and the condition of their times; and
Runnymede has become, by their great act, a shrine of freedom.
Public-domain text, read in full here on John Shaqi.
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