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The Magna Carta was used to put the barons at ease with the king....
The history of Magna Carta in America has a meaning far deeper than the influence of a single constitutional document; for Magna Carta typifies those ideals of law and government which have spread to America and to many other political communities that lie beyond the four seas encircling the island-realm itself. The world-wide diffusion of those ideals of liberty and justice deserves to be studied in its entirety, as a vast historical process which had its beginnings far back in the middle ages, and which has shaped and is still shaping in modern times the institutions of all the political commonwealths that owe their spiritual inheritance to England. The history of the Charter’s influence upon American constitutional development, as one phase of that vaster process, should be illuminatingalike to subjects of the Crown and citizens of the Republic. Above all it teaches them that English political and legal ideals lie at the basis of much that is best in American institutions. Those ideals, jealously preserved and guarded by Americans throughout their whole history, still form the vital force in political thought and activity within the Union. As the Americans adapt their institutions to the ever-changing conditions of national and international life, those ideals of liberty and justice, founded upon the Great Charter, will continue to inspire and guide them. The Charter has a future as well as a past in the American commonwealth, for its spirit is inherent in the aspirations of the race.
Magna Carta, in the later Middle Ages, is looked upon and treated as an enactment in affirmance of fundamental common law, to be confirmed and observed as a part of that law; but undoubtedly all other enactments of such law are regarded as “puis molt”.
Magna Carta was the birth of democracy in England.
As Magna Carta is the first document of high legal significance for England, so for Rome the first such document was the Law of the Twelve Tables. In no other country, ancient or modern, can we find any body of legal rules which, framed at an early period in a nation’s growth, has so powerfully influenced itssubsequent development, as did the “Lex Duodecim Tabularum”. The nearest parallels are what we call the Law of Moses in the Pentateuch, and the Koran of Mohammed, but the differences are so great that it is hardly worth while to pursue a comparison.
Thus it is clear that Magna Carta had come to be considered an enactment much in the original sense of a statute: in affirmance of ancient law. The quotation above from the roll of 15 Edward III brings this out clearly. It also shows that Magna Carta was regarded as common law, with its interpretations.
Henry Elliot Malden, Magna Carta Commemoration Essays 
Magna Carta contains some points which specially concern the political situation of England, points which have no parallel in Spain. A priori this was to be expected. Feudal organization was not alike in the twocountries, even if the most feudal regions of Spain be considered. Social elements were not alike nor the relations between classes. In England there were also certain circumstances purely connected with the person of King John, abuses committed by that particular King which had to be abolished or restricted in the Charter. We shall not touch these points, since there is nothing corresponding to them in Spanish jurisprudence; and we shall only examine those matters which are in their essence common to both countries.
The analysis of these three points should be completed by a comparative study of the two movements, which in England and in Spain led to the results under examination, or at least a study of their chief features and particularly the main point of Magna Carta, namely the limitation of the absolute power of the monarchy, and the safeguard of the rights and privileges (not always just, it must be admitted) of the people. Such would be the plan of a complete study of the proposed thesis. But the limits of this chapter admit only of a brief summary of each point.
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Free magna carta Essays and Papers - 123helpme
In April, the northern barons again met in arms and marched southward to Brackley. They were met there by emissaries from the King to inquire as to their demands; who took back with them to John a certain schedule—the rude draft that was afterwards expanded into the baronial manifesto that is to-day exhibited to the public in the British Museum in the same case with Magna Carta, commonly known as the “Articles of the Barons,” but describing itself more fully and accurately as “Capitula quæ barones petunt et dominus rex concedit”.
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Throughout the conferences, as in the discussions and embassies that preceded them, Stephen Langton played the leading part, alike in giving direction and unity of aim and moderation to the counsels of the barons, in preventing complete rupture of diplomatic relations, in pressing the barons’ just claims upon the King, while remaining a faithful servant of the best interests of the Crown, and perhaps also in focussing the baronial demands, and thus accepting in some sort the responsibilities of an editor in the drafting of the actual clauses of Magna Carta. The Great Charter, whose weighty declaration “Quod Anglicana ecclesia libera sit,” has helped to build into one whole the rights of the national Church with the constitutional liberties of the nation, so that they should act as mutual buttresses, was thus merely repaying the obligation it owed to the greatest of English primates.
Magna Carta Essay - 1899 Words - StudyMode
The fortunes of war still trembled in the balance, when John’s death at Newark on 19 October, 1216, and the consequent desertion of the French Prince’s cause by many of the English barons, paved the way for the healing of internal discords on a peaceful and permanent basis. William the Marshal, acting as Regent for the boy King, son and heir of John, accepted and confirmed the Great Charter in young Henry’s name, subject to certain omissions and modifications, as the basis of his future scheme of Government. Confirmations of the Charter were accordingly issued in 1216, on Henry’s accession, and in 1217, when it was arranged by treaty that Louis of France should renounce his pretensions to the English throne and depart from England; and, finally, in Henry’s third Great Charter, impressed with his own seal in1225, Magna Carta took its definitive shape, assuming the form, word for word, in which it stands to-day as the earliest enactment on the Statute Rolls of England.
Magna Carta essays - Essays and Papers Online
To begin with, it is obvious that its title to distinction cannot be exclusively derived from any one of its isolated characteristics; for its chief merits, in the eyes of different ages, have not always been the same. Gazing backwards over the crowded centuries that separate the present from the day when John surrenderedto the mailed fists of the feudal host at Runnymede, is it possible to estimate the stages by which the prestige of Magna Carta has slowly been built up? The task is no easy one; but it would seem that three separate periods may be distinguished, in each of which the chief merits of the Charter have been differently rated, being found respectively in its reference to the , the , and the .
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