[T]he Charter was demanded by those who complained of the irregular and arbitrary violence of King John, and the restrictions it imposed upon the Crown's action became the corner stone of English freedom. Its provisions, never repealed, though varied and to some extent amplified in subsequent instruments similarly extorted from subsequent monarchs, were solemnly reasserted in the famous declaration by Parliament in 1628 which we call the Petition of Right, and were finally re-enacted in the Bill of Rights of 1689. Thus the Charter of 1215 was the starting-point of the constitutional history of the English race, the first link in a long chain of constitutional instruments which have moulded men's minds and held together free governments not only in England but wherever the English race has gone and the English tongue is spoken.
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The Charter was regarded as important because it assigned definite and practical remedies to temporary evils. There was very little that was abstract in its terms, less even than later generations supposed.... A King had been brought to order, not by a posse of reactionary feudalists, but the community of the land under baronial leadership; a tyrant had been subjected to the laws which hitherto it had been his private privilege to administer and to modify at will. A process had begun which was to end in putting the power of the Crown into the hands of the community at large.
Centuries ago, when kings, emperors, and warlords reigned over much of the world, it was the English who first spelled out the rights and liberties of man in the Magna Carta. It was here, in this very hall, where the rule of law first developed, courts were established, disputes were settled, and citizens came to petition their leaders... Over time, the people of this nation waged a long and sometimes bloody struggle to expand and secure their freedom from the crown. Propelled by the ideals of the Enlightenment, they would ultimately forge an English Bill of Rights, and invest the power to govern in an elected parliament that’s gathered here today... What began on this island would inspire millions throughout the continent of Europe and across the world. But perhaps no one drew greater inspiration from these notions of freedom than your rabble-rousing colonists on the other side of the Atlantic. As Winston Churchill said, the "...Magna Carta, the Bill of Rights, Habeas Corpus, trial by jury, and English common law find their most famous expression in the American Declaration of Independence."
The Great Charter is the first great public act of the nation, after it has realised its own identity: the consummation of the work for which unconsciously kings, prelates, and lawyers have been labouring for a century. There is not a word in it that recalls the distinctions of race and blood, or that maintains the differences of English and Norman law. It is in one view the summing up of a period of national life, in another the starting-point of a new, not less eventful, period than that which it closes.
[P]erhaps may we find the chief contribution of England to political progress, in the doctrine of the supremacy of law over arbitrary power, in the steady assertion of the principle that every exercise of executive authority may be tested in a court of law to ascertain whether or no it infringes the rights of the subject... It was this guarantee of personal civil rights that most excited the admiration of Continental observers in the eighteenth century, and caused the British Constitution to be taken as the pattern which less fortunate countries should try to imitate. If it be said, and truly said, that this fundamental principle could not have been maintained in England without the assertion by the Parliaments of the fifteenth and, again more forcibly and persistently, by those of the seventeenth century, of control over the power of the Crown, it is to be remembered that their efforts might not have succeeded had not the earlier resistance to that power by the men who secured Magna Carta created and fostered in the minds of the upper and middle classes that firm and constant spirit of independence, that vigilant will to withstand the aggressions of the executive, which overthrew Charles the First and expelled James the Second.
When then, my Lords, are all the generous efforts of our ancestors, are all those glorious contentions, by which they meant to secure themselves, and to transmit to their posterity, a known law, a certain rule of living, reduced to this conclusion, that instead of the arbitrary power of a King, we must submit to the arbitrary power of a House of Commons? If this be true, what benefit do we derive from the exchange? Tyranny, my Lords, is detestable in every shape; but in none is it so formidable as where it is assumed and exercised by a number of tyrants. But, my Lords, this is not the fact, this is not the constitution; we have a law of Parliament, we have a code in which every honest man may find it. We have Magna Charta, we have the Statute-book, and we have the Bill of Rights...It is to your ancestors, my Lords, it is to the English barons that we are indebted for the laws and constitution we possess. Their virtues were rude and uncultivated, but they were great and sincere...I think that history has not done justice to their conduct, when they obtained from their Sovereign that great acknowledgment of national rights contained in Magna Charta: they did not confine it to themselves alone, but delivered it as a common blessing to the whole people...A breach has been made in the constitution—the battlements are dismantled—the citadel is open to the first invader—the walls totter—the place is no longer tenable.—What then remains for us but to stand foremost in the breach, to repair it, or to perish in it?...let us consider which we ought to respect most—the representative or the collective body of the people. My Lords, five hundred gentlemen are not ten millions; and, if we must have a contention, let us take care to have the English nation on our side. If this question be given up, the freeholders of England are reduced to a condition baser than the peasantry of Poland...Unlimited power is apt to corrupt the minds of those who possess it; and this I know, my Lords, that where law ends, there tyranny begins.
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The idea that the people have a right to choose their own rulers was not new in political history. It was the foundation of every popular attempt to depose an undesirable king. This right was set out with a good deal of detail by the Dutch when as early as July 26, 1581, they declared their independence of Philip of Spain. In their long struggle with the Stuarts the British people asserted the same principles, which finally culminated in the Bill of Rights deposing the last of that house and placing William and Mary on the throne. In each of these cases sovereignty through divine right was displaced by sovereignty through the consent of the people. Running through the same documents, though expressed in different terms, is the clear inference of inalienable rights. But we should search these charters in vain for an assertion of the doctrine of equality. This principle had not before appeared as an official political declaration of any nation. It was profoundly revolutionary. It is one of the corner stones of American institutions.
The first to which this character ought to be applied, is the House of Commons in Great Britain. The history of this branch of the English Constitution, anterior to the date of Magna Charta, is too obscure to yield instruction. The very existence of it has been made a question among political antiquaries. The earliest records of subsequent date prove that parliaments were to sit only every year; not that they were to be elected every year.
I have the principles of an Englishman, and I utter them without apprehension or reserve...this is not the language of faction; let it be tried by that criterion, by which alone we can distinguish what is factious, from what is not—by the principles of the English constitution. I have been bred up in these principles, and I know that when the liberty of the subject is invaded, and all redress denied him, resistance is justifiable...the constitution has its political Bible, by which if it be fairly consulted, every political question may, and ought to be determined. Magna Charta, the Petition of Rights and the Bill of Rights, form that code which I call the Bible of the English constitution. Had some of his Majesty's unhappy predecessors trusted less to the commentary of their Ministers, and been better read in the text itself, the glorious Revolution might have remained only possible in theory, and their fate would not now have stood upon record, a formidable example to all their successors.
All the great English revolutions have been conducted by practical statesmen. The French Revolution was conducted by mere speculators. Our constitution has never been so far behind the age as to have become an object of aversion to the people. The English revolutions have therefore been undertaken for the purpose of defending, correcting, and restoring,—never for the mere purpose of destroying. Our countrymen have always, even in times of the greatest excitement, spoken reverently of the form of government under which they lived, and attacked only what they regarded as its corruptions. In the very act of innovating they have constantly appealed to ancient prescription; they have seldom looked abroad for models; they have seldom troubled themselves with Utopian theories; they have not been anxious to prove that liberty is a natural right of men; they have been content to regard it as the lawful birthright of Englishmen. Their social contract is no fiction. It is still extant on the original parchment, sealed with wax which was affixed at Runnymede, and attested by the lordly names of the Marischals and Fitzherberts. No general arguments about the original equality of men, no fine stories out of Plutarch and Cornelius Nepos, have ever affected them so much as their own familiar words,—Magna Charta,—Habeas Corpus,—Trial by Jury,—Bill of Rights.
The invention of writs was really the making of the English Common Law; and the credit of this momentous achievement, which took place chiefly between 1150 and 1250, must be shared between the officials of the royal Chancery, who framed new forms, and the royal judges, who either allowed them or quashed them.
The UN Charter, adopted on 24 October 1945, has not lost its relevance in the 21st century. In fact, we need the United Nations more than ever, because the Charter constitutes humanity’s only rules-based order, and its best hope to build a peaceful modus vivendi that will facilitate development and prosperity for everyone on the planet.
The rights of men, that is to say, the natural rights of mankind, are indeed sacred things; and if any public measure is proved mischievously to affect them, the objection ought to be fatal to that measure, even if no charter at all could be set up against it. If these natural rights are further affirmed and declared by express covenants, if they are clearly defined and secured against chicane, against power, and authority, by written instruments and positive engagements, they are in a still better condition: they partake not only of the sanctity of the object so secured, but of that solemn public faith itself, which secures an object of such importance. . . . The things secured by these instruments may, without any deceitful ambiguity, be very fitly called the chartered rights of men.
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