New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-02-28
r,.,bre Study of the Charter of
King John.

| n
liz y ssic'nDany'
-, Professor Edward jerks made
D. lss' Magma Ca-ta IN The Independent
. si1 :. ,-oused universal attention on ac-
Srf' ..s hold iconoclasEl- Instead OF being
ST o. - brlwsrk OF English liberties. MI.
..s s'1To1 ...-szsd the Great Charter as the
Jeks s-.,s.b ha-ons pressing their own in
r-si1ci . - ~ proving q material help
erss;s' a. advance toward constitutional
| Bns .sr-lrlbling block in the path
Sprosrsss has s,,roached the subject
~ -. Csrta neither as an advocate
Z ne ss.,i,aut His whole work is an ex-
y ernie Of the APPLICATION OF the hlstoTl-
sls1' - and consists in searching analysis
q r.. .,o,,sr IN the Great Charter. Of all the
ss's'y .,oss leading 10 10 the formulation OF
s7l'l''-s - the barons and OF the feudaI
81 o'-.-- -..s.o-,s 20 which the demands refer
~ a., -, ~ Mr.. NcKechnie's thoroughly
u - n, yerlzs's assertion that the charter
isan.' --osuct Of the selfish action n the
~ ling their own ends and Obvious %
EHl@ --o+ional interests. With Mr. Jenks's
~ .o,teu-ion that Magma Carta proved
s''-', tlook 10 constitutional progress MI
60. -, sharply takes issue Whether con-
- - OF unconsciously, selishly or Win a
--.,aes patrlotisn. the barons a. kuhhs
" ". 80 King John 20 set his seal 10 a oocu-
,-.icb became the banner Of liberty the
% .,,,rs which the progressive forces raj
-. ts-i,h. even % later leaders, who Wor-
q. bl;Ddlv. attributing 10 II virtues II did
I,.sss IN many d time Of national crisis.
-, vr McKechuie. Magma Carta has See'
-s.,,t,v appealed 70 as q fundamental law 100
- - - he alterel-as a talisran containine
=, marie spell capable Of avertinE national
SANITY ..-,,...-- -
=. cs-ra. The reforms demanded by the
-, ,,s granted by this charter were Just
:. -,,5srste Its aims were practical as well
!, ross-ats the language IN which they were
- ,lsar and STRAIGHTFORWARD. A high au-
.,..v mas described the charter as an Intense
-.-..,i,sl document Closely connected with
=, tss-ure is another-the essentially legal nat
:. n the whole AS Magma Carta was rarely
,.ss-, from the minds of subsequent opponents
> sssDatisrn. a practical and legal direction was
.r river 70 the efforts Of EnElishmen in many
Es'
Il Is possible that nj. McKechnie attributes
~ much IN this direction 10 Magma Carta,
,tlch was practical ana legal because its au-
ms were Englishnen; possibly quite as much
!, Tnrishmen were subsequently legal and
rssica because Magma Carta possessed these
,.racieristics Not altogether due 10 the ex-
renee Of Magma Carta is the English character
sic which Nj McKechnie attributes 20 It.
While democratic enthusiasts in France and
AMERICA" he writes. have often sought 10
s-snd their rights and liberties fl & lofty but
.-s.stie basis Of philosophical theory embodied
declarations OF rights, Englishmen have oc-
gps1 lower but suTer ground. aiming at prac-
H. remedies for actual wrongs. rather than
Eun@sting theoretical platftudes with no re-
elites 70 correspond" Other intrinsic merits in
~ Great Charter Mr.. AcKechnie finds in the
to that # rendered definite what had before
yer vague. put II 1angible form rights that had
M misty lie also finds that IN spite OF the
--ninsnce given 10 the feudaI grievances Of the
s'uls, their need for general support led 10 the
-,lSoa IN Magma Carta ~ rights for the
s-r,h for the freeman. for the merchant. and
HE FOR the viein and The allen This broad
Azs Of The charter. in days when the rights Of
a. 6ui the strong were almost non-existent,
i've claim or the affection Of all classes.
slis a. great as the intrinsic value OF Magma
IRA not greater. was its extrlnsic value A
ssl ana powerful king was forced TO submit
ntat Just demands ~ his So bjects-henceforth
e Ehg must keep the law. or openly defy t.
q c'Rlh not longer ignore Il. or claim exemp-
-l ron H. An even greater value. IN Nj Nc
As--les opinion, attached 10 Magma Carta on
'1olni Of the sentiment Of passionate attach
Ky VIII which Il THs regarded by the people
oeasn The centuries from the DAYS OF John to
~ o. Oliver Cromwell-the halo almost of
-asace which gradually gathered around II"
: 'saa'ne battle CRY for future ages" he
"'S rallying point. a stimulus OF the
--s1s'iol. For king thereafter openly 70
-'-ee NE promises contained IN the great
-'&l was 10 challenge The bitterness Of public
'--0l-lo put himself palpably IN the wrong.
4 aggTleved man. however humble. TO base
GINS upon its terms was To enlist the warm
-'@1! of an + is on account OF this close
-~"eaelAg O. Magma Cara III The sentiment
-eO--oh o. the nation that the constitu-
-, -ia'osy o. England is. according 10 Bishop
A'Eas Cara" 0--
.s @'st half O. Mr.. McKechnie's book Is
y VIII the history OF the events leading
- --Ss'@ Carta. the feudaI grievances OF
.'.- oafons; a discussion Of The form and con-
.r.-. v magma Csrta, and an account Of the
,-, =, oOp'es ano relative documents. The his-
uelion is very brief, occupying only
- - pages. II takes up the story al the
a.,-.--C. o'9uest and carries II 10 the field OF
t,..-e NE Subsequent death Of John. the
us7,- !. .o. henry III and his reissue OF the
,s,. - !. LII The history follows the lines Of
IA. .. , -, special acknowledgment being
9 !. MSS Norgates John Lacklandp and
La, =. fNsi''say's "Ansevin Empire
E,Es.s.---s -ssioA OF the barons grievances, Mr..
s,,.,., ,.-s gives clear comprehensive and
ov-. ,-t seoFy Of the genesis o. English law
q 49,, 'iie'f modern form-of the supersession
.---iO'4aI and baroniaI courts by royal
D,,o., - : innovation bitterly opposed bv the
&. ~ ne reigns q Henry ana Henry II:
ts.ss,,,a o. 80 great value TO suitors and
rs CIV ma 'na' IN Magma Carta this grievance
"a, - Dressed in certain definite cases After
b a., ,.s Inc ground. the author proceeds 10