Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-xbtfd Total loading time: 0 Render date: 2024-11-17T14:59:38.739Z Has data issue: false hasContentIssue false

6 - Magna Carta and personal liberty

from II - The birth of Magna Carta and the spread of its principles

Published online by Cambridge University Press:  05 May 2015

Sir John Baker Qc
Affiliation:
St. Catharine's College and University of Cambridge
Robin Griffith-Jones
Affiliation:
Temple Church and King's College London
Mark Hill, QC
Affiliation:
Cardiff University
Get access

Summary

Human rights were not invented in the 1940s and they certainly did not emanate from the Continent. When Blackstone referred to the ‘rights of all mankind’ 250 years ago, he said that they had been ‘more or less debased and destroyed’ in most other countries but remained, ‘in a peculiar and emphatical manner, the rights of the people of England’. Many of these English liberties were already of great antiquity when Blackstone wrote, though it would be historically naive to father them directly on the Great Charter of Liberties. Although Magna Carta was on the syllabus of the late-medieval law school in the Inns of Court, it was not seen as posterity has seen it. It was respected both as the Great Charter and the first statute in the statute books, but it was not a bill of rights or a scheme of government. It was a body of legislation giving rise to a lot of law, some of it very technical, some of it obsolete before the Inns of Court came into being. The benchers who lectured on Magna Carta in the fifteenth and sixteenth centuries glossed it phrase by phrase, sometimes word by word, but amid the welter of learning found little to say about constitutional principles or individual liberty. Indeed the ordinary gloss circulating in the early years of Henry VI's reign actually proclaimed that the king was above the law and not bound by Magna Carta. Far more time was devoted in the halls of the Inns to wardship and dower than to the fine-sounding words of chapter 29, which were so puzzling and controversial that it was unclear whether they had any legal effect at all. Trial by peers, they said, was confined to the peerage, and therefore the first part of the chapter could not, despite its wording, apply to all free men; selling right and justice was about charging fees for writs of right and justicies. The ‘law of the land’ was too vague to mean anything specific or fixed, since it could be changed by statute. In any case, the law of the land sometimes allowed imprisonment without due process, for instance when a constable arrested a suspect.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2015

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×