Europe -- Politics and government; Political science
*10. The Great Charter, 1215.*--The period of Richard I. (1189-1199)
was, in constitutional matters, a continuation of that of Henry II.
Richard was absent from the kingdom throughout almost the whole of the
reign, but under the guidance of officials trained by Henry the
machinery of government operated substantially as before. Under John
(1199-1216) came a breakdown, occasioned principally by the sovereign's
persistence in evading certain limitations upon the royal authority
which already had assumed the character of established rules of the
constitution. One of these forbade that the king should impose fresh
taxation except with the advice and consent of the Great Council. (p. 009)
Another enjoined that a man should not be fined or otherwise despoiled
of his property except in virtue of judicial sentence. These and other
principles John habitually disregarded, with the consequence that in
time he found himself without a party and driven to the alternative of
deposition or acceptance of the guarantee of liberties which the
barons, the Church, and the people were united in demanding of him.
The upshot was the promulgation, June 15, 1215, of Magna Carta.
No instrument in the annals of any nation exceeds in importance the
Great Charter. The whole of English constitutional history, once
remarked Bishop Stubbs, is but one long commentary upon it. The
significance of the Charter arises not simply from the fact that it
was wrested from an unwilling sovereign by concerted action of the
various orders of society (action such as in France and other
continental countries never, in mediaeval times, became possible), but
principally from the remarkable summary which it embodies of the
fundamental principles of English government in so far as those
principles had ripened by the thirteenth century. The Charter
contained little or nothing that was new. Its authors, the barons,
sought merely to gather up within a reasonably brief document those
principles and customs which the better kings of England had been wont
to observe, but which in the evil days of Richard and John had been
persistently evaded. There was no thought of a new form of government,
or of a new code of laws, but rather of the redress of present and
practical grievances. Not a new constitution, but good government in
conformity with the old one, was the essential object. Naturally
enough, therefore, the instrument was based, in most of its important
provisions, upon the charter granted by Henry I. in 1100, even as that
instrument was based, in the main, upon the righteous laws of Edward
the Confessor. After like manner, the Charter of 1215 became, in its
turn, the foundation to which reassertions of constitutional liberty
in subsequent times were apt to return; and, under greater or lesser
pressure, the Charter itself was "confirmed" by numerous sovereigns
who proved themselves none too much disposed to observe its
principles.
Public-domain text, read in full here on John Shaqi.
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