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
All these were marks of a real and grievous servitude. The Great Charter
was made, not to destroy the root, but to cut short the overgrown
branches of the feudal service: first, in moderating and in reducing to
a certainty the reliefs which the king's tenants paid on succeeding to
their estate according to their rank; and, secondly, in taking off some
of the burdens which had been laid on marriage, whether compulsory or
restrictive, and thereby preventing that shameful market which had been
made in the persons of heirs, and the most sacred things amongst
mankind.
There were other provisions made in the Great Charter that went deeper
than the feudal tenure, and affected the whole body of the civil
government. A great part of the king's revenue then consisted in the
fines and amercements which were imposed in his courts. A fine was paid
there for liberty to commence or to conclude a suit. The punishment of
offences by fine was discretionary; and this discretionary power had
been very much abused. But by Magna Charta, things were so ordered, that
a delinquent might be punished, but not ruined, by a fine or amercement;
because the degree of his offence, and the rank he held, were to be
taken into consideration. His freehold, his merchandise, and those
instruments by which he obtained his livelihood were made sacred from
such impositions.
A more grand reform was made with regard to the administration of
justice. The kings in those days seldom resided long in one place, and
their courts followed their persons. This erratic justice must have been
productive of infinite inconvenience to the litigants. It was now
provided that civil suits, called _Common Pleas_, should be fixed to
some certain place. Thus one branch of jurisdiction was separated from
the king's court, and detached from his person. They had not yet come to
that maturity of jurisprudence as to think this might be made to extend
to criminal law also, and that the latter was an object of still greater
importance. But even the former may be considered as a great revolution.
A tribunal, a creature of mere law, independent of personal power, was
established; and this separation of a king's authority from his person
was a matter of vast consequence towards introducing ideas of freedom,
and confirming the sacredness and majesty of laws.
But the grand article, and that which cemented all the parts of the
fabric of liberty, was this,--that "no freeman shall be taken, or
imprisoned, or disseized, or outlawed, or banished, or in any wise
destroyed, but by judgment of his peers."
Public-domain text, read in full here on John Shaqi.
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