For centuries before the
charter was granted, its main principles constituted "the Law of
the Land," the fundamental and constitutional law of the realm,
which the kings were sworn to maintain. And the principal benefit
of the charter was, that it contained a written description and
acknowledgment, by the king himself, of what the constitutional
law of the kingdom was, which his coronation oath bound him to
observe. Previous to Magna Carta, this constitutional law rested
mainly in precedents, customs, and the memories of the people.
And if the king could but make one innovation upon this law,
without arousing resistance, and being compelled to retreat from
his usurpation, he would cite that innovation as a precedent for
another act of the same kind; next, assert a custom; and,
finally, raise a controversy as to what the Law of the Land
really was. The great object of the barons and people, in
demanding from the king a written description and
acknowledgment
of the Law of the Land, was to put an end to all disputes of this
kind, and to put it out of the power of the king to plead any
misunderstanding of the constitutional law of the kingdom.
Pages:
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
456
457