The Works of the Right Honourable Edmund Burke, Vol. 07 (of 12)Burke, Edmund
Religion
The Works of the Right Honourable Edmund Burke, Vol. 07 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
most of the forests. The Norman kings were not the first makers of the
Forest Law; it subsisted under the Saxon and Danish kings. Canute the
Great composed a body of those laws, which still remains. But under the
Norman kings they were enforced with greater rigor, as the whole tenor
of the Norman government was more rigorous. Besides, new forests were
frequently made, by which private property was outraged in a grievous
manner. Nothing, perhaps, shows more clearly how little men are able to
depart from the common course of affairs than that the Norman kings,
princes of great capacity, and extremely desirous of absolute power, did
not think of peopling these forests, places under their own uncontrolled
dominion, and which might have served as so many garrisons dispersed
throughout the country. The Charter of the Forests had for its object
the disafforesting several of those tracts, the prevention of future
afforestings, the mitigation and ascertainment of the punishments for
breaches of the Forest Law.
The Common Law, as it then prevailed in England, was in a great measure
composed of some remnants of the old Saxon customs, joined to the feudal
institutions brought in at the Norman Conquest. And it is here to be
observed, that the constitutions of Magna Charta are by no means a
renewal of the Laws of St. Edward, or the ancient Saxon laws, as our
historians and law-writers generally, though very groundlessly, assert.
They bear no resemblance in any particular to the Laws of St. Edward, or
to any other collection of these ancient institutions. Indeed, how
should they? The object of Magna Charta is the correction of the feudal
policy, which was first introduced, at least in any regular form, at the
Conquest, and did not subsist before it. It may be further observed,
that in the preamble to the Great Charter it is stipulated that the
barons shall _hold_ the liberties there granted _to them and their
heirs, from the king and his heirs_; which shows that the doctrine of an
unalienable tenure was always uppermost in their minds. Their idea even
of liberty was not (if I may use the expression) perfectly free; and
they did not claim to possess their privileges upon any natural
principle or independent bottom, but just as they held their lands from
the king. This is worthy of observation.
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