Great Charter

“ Thus, after the contests of near a whole century, and these ever accompanied with violent jealousies, often with public convulsions, the Great Charter was finally established; and the English nation have the honor of extorting, by their perseverance, this concession from the ablest, the most warlike, and the most ambitious of all their princes. ”

“ On that great day, and in that great company, the King signed Magna Charta—the great charter of England—by which he pledged himself to maintain the Church in its rights; to relieve the Barons of oppressive obligations as vassals of the crown—of which the Barons, in their turn, pledged themselves to relieve thier vassals, the people; to respect the liberties of London and all other cities and boroughs; to protect foreign merchants who came to England; to imprison no man without a fair trial ”

“ The first great document in the laws of the Thirteenth Century is, of course, Magna Charta, signed in 1215, the foundation of all the liberties of English speaking people ever since. Perhaps the highest possible tribute to the Great Charter is the fact that it has grown in the estimation of intelligent men, rather than lost significance. ”

“ H. Hallam, The Middle Ages, chapter 8, part 2. "The Great Charter, although drawn up in the form of a royal grant, was really a treaty between the king and his subjects. ... It is the collective people who really form the other high contracting party in the great capitulation,--the three estates of the realm, not, it is true, arranged in order according to their profession or rank, but not the less certainly combined in one national purpose, and securing by one bond the interests and rights of each other, severally and all together. ”

“ On the other side stood the barons of the kingdom, attended by a vast multitude, representing all other classes of the population. So completely was the arrogance of the king subdued, so hopeless appeared all resistance, that, with scarcely a word of remonstrance, John signed the document presented to him, which, as the foundation of the liberties of England, is known to us by the name of Magna Charta—the Great Charter. ”

“ The charter was spread forth—the Great Charter, which, in the first place, asserted the liberty of the Church of England, and then of its people. It forbade the King to exact arbitrary sums from his subjects without the consent of a council of the great crown vassals; it required that no man should be made an officer of justice without knowledge of the law; and forced from the King the promise not to sell, refuse, or defer right or justice to any man; neither to seize the person or goods of any free man without the lawful judgment of his peers, or by the law of the land. ”

“ There it stands in the very front of our Great Charter, embodied in two simple, self-evident truths,—first, that all men are equal in rights, and, secondly, that all just government is founded only on the consent of the governed,—the two together making an axiomatic definition which proves itself. ”

“ The Great Charter came into being, truly the 'Magna Charta,' which throws not merely all earlier, but also the later charters into the shade.
It is a document which, more than any other, links together the different epochs of English history. With a renewal of the earliest maxims of German personal freedom it combines a settlement of the rights of the feudal Estates: on this [Pg 54] twofold basis has the proud edifice of the English constitution been erected. ”

“ The importance of the Great Charter, originally flowing both from the intrinsic and from the extrinsic features already described, has greatly increased, as traditions, associations, and aspirations have clustered more thickly round it. These have augmented in each succeeding age the reverence in which it has been held, and have made ever more secure its hold upon the popular imagination.
Thus Magna Carta, in addition to its legal value, has a political value of an equally emphatic kind. ”

“ It is exactly the popular story that is left out of the popular history. For instance, even a working man, a carpenter or cooper or brick-layer, has been taught about the Great Charter, as something like the Great Auk, save that its almost monstrous solitude came from being before its time instead of after. He was not taught that the whole stuff of the Middle Ages was stiff with the parchment of charters; that society was once a system of charters, and of a kind much more interesting to him. ”

“ But many of them are matters of primary importance in the constitutional history of England. The Great Charter must not, however, be overrated as an expression of general constitutional rights; to a large extent it is a mere recapitulation of the claims of the baronage, and gives redress for their feudal grievances in the matters of aids, reliefs, wardships, &c., its object being the repression of arbitrary exactions by the king on his tenants-in-chief. ”

“ That document is known as Magna Carta, or the Great Charter, and everyone who writes political history today recognizes it as one of the greatest of man's achievements, the beginning of a process which we hope will bring freedom and equality before the law to every human being on earth. ”

“ It has been often said that the Great Charter would not have been supported by the barons had not it not been for its influence on their special interests. This opinion is untenable: how is it possible that at least a third of the articles should have related to promises and guarantees made on behalf of the people, if the aristocracy had only aimed at obtaining that which should benefit themselves? We have only to read the Great Charter in order to be convinced that the rights of all three orders of the nation are equally respected and promoted. ”

“ IV. Magna Carta: an Estimate of its Value. No evidence survives to show that the men of John’s reign placed any excessive or exaggerated importance on the Great Charter; but, without a break since then, the estimate of its worth steadily increased until it came to be regarded almost as a fetish among English lawyers and historians. No estimate of its value can be too high, and no words too emphatic or glowing to satisfy its votaries. ”

“ In studying this aspect of the Great Charter, we must recall that the conditions of life in England during the thirteenth and fourteenth centuries were very much simpler than those existing later, and that it was not then realized, or at most only vaguely and dimly, that the legislative power could change the laws regulating the rights and duties of individuals as among themselves or in their relation to the government. ”

“ In modern usage grants by charter have become all but obsolete, though in England this form is still used in the incorporation by the crown of such societies as the British Academy.
The grant of the Great Charter by King John in 1215 (see Magna Carta) , which guaranteed the preservation of English liberties, led to a special association of the word with constitutional privileges, and so in modern times it has been applied to constitutions granted by sovereigns to their subjects, in contradistinction to those based on “the will of the people.” ”

“ And we are not obliged to learn them from imperfect evidences or precarious speculation; for they are imperishably recorded in the Great Charter, and in Charters and Statutes connected with and confirmatory of Magna Charta [see ENGLAND: A. D. 1215] . ... These great primeval and enduring principles of our Constitution are as follows: The government of the country by an hereditary sovereign, ruling with limited powers, and bound to summon and consult a parliament of the whole realm, comprising hereditary peers and elective representatives of the commons. ”

“ There is no one of the ancient or modern categories which can be applied with confidence to the Great Charter or to the transaction of which it is the record. Magna Carta may perhaps be described as a treaty or a contract which enacts or proclaims a number of rules and customs as binding in England, and reduces them to writing in the unsuitable form of a feudal charter granted by King John to the freemen of England and their heirs. ”

“ Further details are given by Blackstone, Great Charter, lii.; Thomson, Magna Charta, 437–446; and in Bémont, Chartes, pp. xxx. to liii.
II. Magna Carta and the Reforms of Edward I. The Great Charter, alike from its excellences and from its defects, exercised a potent influence on the trend of events throughout the two succeeding reigns. It is hardly too much to say that the failure of Magna Carta to provide adequate machinery for its own enforcement is responsible for the spirit of unrest and for the protracted struggles and civil war which made up the troubled reign of Henry III. ”

“ In Articuli super Chartas; when the Great Charter was confirmed, at the Request of his Prelates, Earls and Barons, we find these Passages. 1. Nevertheless the King and his Council do not intend by reason of this Statute to diminish the King’s Right, &c. 2. And notwithstanding all these things before-mentioned, or any part of them; both the King and his Council, and all they that were present at the making of this Ordinance, will and intend that the Right and Prerogative of his Crown shall be saved to him in all things. ”

“ The result was a timely concession of the king, which was granted in the form of a Great Charter. The importance of many of the liberal guarantees set forth in that instrument has departed with the special evils that gave rise to them, but many of a more general nature and such as related to cheap, speedy, and impartial justice, have become integral parts of the British Constitution. ”

“ VII. And whereas also by authority of parliament, in the five-and-twentieth year of the reign of King Edward III., it is declared and enacted, that no man shall be forejudged of life or limb against the form of the Great Charter and the law of the land ”

“ On the other hand, it may be argued that Magna Carta, while something less than a law, is also something more. A law made by the king in one national assembly might be repealed by the king in another; whereas the Great Charter was intended by the barons to be unchangeable. ”

“ LOUIS, by the grace of God, King of France and Navarre,
To all those to whom these presents come, greeting.
Divine Providence, in recalling us to our estates after a long absence, has laid upon us great obligations. Peace was the first need of our subjects: we have employed ourselves thereto without relaxation; and that peace, so necessary for France, as well as for the remainder of Europe, is signed. A constitutional charter was called for by the actual condition of the kingdom ”

“ The aristocracy, who batten on your sweat and blood, tremble. The Government are preparing for flight. The great cause gains ground daily. Ten thousand signatures have been added to the Charter of the people during the last three days. The moment of freedom is at hand! We agreed, at our last meeting, that we would this evening discuss what our course of proceeding shall be, when the Charter of the people is presented to the House of Commons. ”

“ But France has only possessed it a little more than a century, whereas our own Charter dates back many centuries; hence the character of our people has been in a great measure formed upon its principles, and they have been made sensitive to any grave or continued violation of them. ”

“ The utmost which the Church could extract from Richard and John as the price of their consecration was the renewal of the three vague promises contained in the words of the oath, now taken as a pure formality. The omission to grant charters was merely one symptom of the diseases of the body politic consequent on the overweening power of the Crown, and proves how urgent was the need of some such re-assertion of the nation’s liberties as came in 1215. ”

“ All nations in their early efforts to obtain an efficient government have to choose between these two types of ruler—between an executive, harmless but weak; and one powerful enough effectively to direct the business of government at home and abroad, but ready to turn the powers entrusted to him for the good of all, to his own selfish uses and the trampling out of his subjects’ liberties. ”

“ Regarding therefore, with anxious consideration, those things whereby our kingdom may be adorned, and the same kingdom, and the holy church thereof, and other the lands subjected to our dominion, may be more securely and fitly defended against the attempts of enemies and of adversaries, and our peace preserved inviolate amongst our subjects everywhere ”

“ The objection of the northern barons to pay the scutage demanded on 26th May, 1214, was the spark that fired the mine. The most prominent feature of the Charter is the solicitude everywhere displayed to define the exact extent of feudal services and dues, and to prevent these from being arbitrarily increased. A somewhat detailed knowledge of feudalism and feudal obligations forms a necessary preliminary to any exact study of Magna Carta. ”

“ The result was the re-issue on 11th February, 1225, of both Charters each of which was, as a matter of course, fortified by the impression of the great seal recently made. The importance of the whole transaction was enhanced by the declaration made by Honorius III. only two years previously, that Henry was of full age to act for himself. The new forest Charter was practically identical with that issued in 1217; while the only alterations in the tenor of the Charter of Liberties were the result of a laudable determination to place on record the circumstances in which it had been granted. ”