Royal charter

“ But, on the other hand, the charter, broadly speaking, illustrates, by the retrograde concessions it extorts, the cardinal factor in the long struggle between the feudal nobles and their lord the king, namely, their jealousy of that royal jurisdiction by which the Crown strove, and eventually with success, to break their semi-independent power, and to bring the whole realm into uniform subjection to the law. ”

“ 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. ”

“ 103 But where says some is the King of America? I’ll tell you Friend, he reigns above, and doth not make havoc of mankind like the Royal Brute of Britain. Yet that we may not appear to be defective even in earthly honors, let a day be solemnly set apart for proclaiming the charter; let it be brought forth placed on the divine law, the word of God; let a crown be placed thereon, by which the world may know, that so far as we approve of monarchy, that in America the law is king. ”

“ 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. ”

“ 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. ”

“ 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.” ”

“ The first charter, the charter of James 1st. is more like a treaty between independent sovereigns, than like a charter of grant of privileges from a sovereign to his subjects. Our ancestors were tempted by the prospect and promise of a government of their own, independent in religion, government, commerce, manufactures, and every thing else, excepting one or two articles of trifling importance. ”

“ Here, then, we are face to face with a fundamental question of immense importance: Does the Great Charter really, as the orthodox traditional view so vehemently asserts, protect the rights of the whole mass of humble Englishmen equally with those of the proudest noble? ”

“ Even the one constitutional effort which was made, the establishment of a limited monarchy in France, was rendered nugatory by the fact, that the privileges were given as a grant and charter from the crown, and the [1371] first principle of the English Constitution—that power is from the people—ignored. ”

“ 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. ”

“ 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 ”

“ Those positive laws and institutions of later times, which secure our rights and liberties, all have their root in this charter, which first established a legal government, and asserted the claims of justice. Some modern writers who have treated of this subject, have thought fit to disregard these facts, and have spoken of Magna Charta as merely a grant obtained by the barons for their own purposes, and that its provisions were framed by them, not with a view to the restoration of the Saxon laws, but for the preservation of their own feudal privileges. ”

“ How is it possible to reconcile limitations of power with the fundamental maxim, 'the will of the prince has the force of a law?' Portions of the royal authority, as arbitrary as that of the king himself, were intrusted to the several governors of provinces, each of whom, within the limits of his own government, was the image of his sovereign, and, in practice, at least, and in popular opinion also, absolute. ”

“ And I do declare that no foreign prince, person, prelate, state or potentate hath or ought to have any jurisdiction, power, superiority, pre-eminence or authority, ecclesiastical or spiritual, within this realm. So help me God." Upon which their said Majesties did accept the crown and royal dignity of the kingdoms of England, France and Ireland, and the dominions thereunto belonging, according to the resolution and desire of the said Lords and Commons contained in the said declaration. ”

“ In 1295 we have the famous Model Parliament; that is to say, the first one where kings, lords, and commons were joined, the legislative branches sitting separately and the Commons represented. Two years later Edward I, carrying on the war in Flanders, was compelled to grant that great confirmation of the charters already referred to, that no aid or tax should be taken but by the common consent of the realm and for the common profit; restoring thus into the recognized charter that important provision of the original Charter of John ”

“ The parliament, understanding that the king intended to ask an aid of money, told him that he ought to be ashamed to demand such a thing, especially feeing that in the last exaction of that kind, to which the nobles of England consented with much difficulty, he gave them a charter that he would never burden nor injure them with the like again. He was likewise grievously reprehended, and no wonder, for calling in aliens, and foolishly squandering the wealth of the kingdom upon them; marrying them to his wards without their consent, and several other of his spendthrift and tyrannous practices. ”

“ If a charter be a mere grant of political power, if it create a civil institution, to be employed in the administration of the government, or, if the funds be public property alone, and the government alone be interested in the management of them, the legislative power over such charter is not restrained by the constitution, but remains unlimited. ”

“ 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 ”

“ Charters command their subjects to exclaim, "Oh monopoly! live as long as the law pleases." If the law can bestow existence for one year, it may for a million. It may give perpetual life to whatever metaphysical being it can create; and charter is so moderate, as to claim a right to live out the whole life allowed by law. Once created, it pretends to independence of its God, law; to independence of law's God, constitution; and to independence of constitution's God, the nation. ”

“ I shall endeavour to create that confidence so necessary for the restoration to their native land of the Princes of the blood, and all the emigrants who abandoned the King, their families, and their country, while doubtful whether His Majesty would or would not concede this new charter; but now that the doubt exists no longer, I trust we shall all meet again, the happier for the privation to which we have been doomed from absence. ”

“ 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. ”

“ He nominates to all higher appointments, both military and civil; concludes foreign treaties, and has a right to preside in the supreme Court of Justice. The princes of the blood royal, however, are excluded from all civil employments. The king possesses legislative power in matters of political administration, but in all other respects that power is exercised by the Diet in concert with the sovereign, and every new law must have the assent of the crown. The right of imposing taxes is, however, vested in the Diet. ”

“ The charter they crafted—with its separate branches of Government, enumerated powers, checks and balances, and later the specific protections provided by our Bill of Rights—guides our Nation and inspires others around the world. ”

“ It suits the venal Mammonite press well enough to jumble them together, and cry 'Murder, rape, and robbery,' whenever the six points are mentioned; but they know, and any man of common sense ought to know, that the Charter is just as much an open political question as the Reform Bill, and ten times as much as Magna Charter was, when it got passed. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ With respect to the power of the convention to impose this inhibition, it seems to be pertinent in this place to recur to the opinion of one contemporary with the establishment of the Government, and whose distinguished services in the formation and adoption of our national charter point him out as the artifex maximus of our Federal system. ”

“ Her Majesty has been taught to believe that the most valuable laws of this country depend upon, and derive their authority from, custom; that your Majesty's royal prerogatives stand upon the same basis: the authority of ancient usage cannot therefore be rejected without shaking that foundation upon which the most important rights and institutions of the country depend. Your Majesty's council, however, without controverting any of the facts or reasons upon which the claim made on the part of her Majesty has been supported, have expressed a judgment in opposition to the existence of such right. ”

“ Monarchy, if of Divine Right, cannot be bounded or limited by human Laws, nay, what’s more, cannot bind itself; and All our Claims of right by the Law, or Constitution of the Government, All the Jurisdiction and Priviledge of this House, All the Rights and Priviledges of the House of Commons, All the Properties and Liberties of the People, are to give way, not only to the interest, but the will and pleasure of the Crown. ”

“ Therefore, O king, with nothing but the good of the nation at heart, thy servants the three presidents, with all the princes, have enacted this law, and it is now presented to thee for thy royal signature and seal:
"'It is hereby enacted, for the safety of the Union: Let no person offer any prayer or petition to any god or man, except the king, for the space of thirty days; and whosoever shall violate this decree shall be taken and thrown into the den of lions. ”