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Updated: May 5, 2025
It was "Old England" indeed that these cultivated Americans loved: the England of Magna Carta and the Petition of Right; the England of Drake, of Pym and Falkland, and of the Glorious Revolution; the little island kingdom that harbored liberty and was the builder of an empire justly governed: they thought of England in terms of her history, scarcely aware that her best traditions were more cherished in the New World than in the Old.
A native tobacconist is empowered to dispense CARTA BOLLATA, which is the official stamped paper used for contracts and other legal documents requiring registration; he deals in tobacco and postage stamps government monopolies; he sells, by special licence, wax vestas, on each box of which there is a duty so minute as not to be felt by the individual purchaser and yet, in its cumulative effect, so great as to enable the State to pay, out of this source of revenue alone, for the upkeep of all its colonial judges at a monthly salary of forty-five francs apiece.
Coke himself admits that it could not be revoked or rescinded by the king; for he says, "All pretence of prerogative against Magna Carta is taken away." He knew perfectly well, and the whole English nation knew, that the king could not lawfully infringe Magna Carta.
John resisted for a while, but at last gave way and signed the document which has since been known as the "Great Charter," or Magna Carta. This has always been considered as, in a certain sense, the guarantee of English liberties and the foundation of the settled constitution of the kingdom.
A threat of withholding subsidies had been an effective way of forcing Henry III to confirm Magna Carta in 1225; it proved no less effective in securing royal enactment of later "petitions" for laws.
If laws were to be received by them on the authority of these officers, the latter would have imposed such laws upon the people as they pleased. These courts, that have now been described, were continued in full power long after Magna Carta, no alteration being made in them by that instrument, nor in the mode of administering justice in them.
I apprehend that nothing can be properly said to be a part of lex terrae, unless it can be shown either to have been of Saxon origin, or to have been recognized by Magna Carta. The trial by ordeal was of various kinds.
If the term legem terraehad included laws enacted by the king himself, the whole chapter of Magna Carta, now under discussion, would have amounted to nothing as a protection to liberty; because it would have imposed no restraint whatever upon the power of the king. The king could make laws at any time, and such ones as he pleased.
And if any political compact between king and people was ever valid to settle the liberties of the people, or to limit the power of the crown, that compact is now to be found in Magna Carta.
This idea is corroborated by the fact that the trial by ordeal was specially prohibited only four years after Magna Carta, "by act of Parliament in 3 Henry III., according to Sir Edward Coke, or rather by an order of the king in council." 3 Blacks,one 345, note.
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