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15 Jun

Edmund Burke on Magna Carta

The common law, as it then prevailed in England, was in a great measure composed of some remnants of the old Saxon customs, joined to the feudal institutions brought in at the Norman Conquest. And it is here to be observed, that the constitutions of Magna Charta are by no means a renewal of the laws of St. Edward, or the ancient Saxon laws, as our historians and lawwriters generally, though very groundlessly, assert. They bear no resemblance, in any particular, to the laws of St. Edward, or to any other collection of these ancient institutions. Indeed, how should they? The object of Magna Charta is the correction of the feudal policy, which was first introduced, at least in any regular form, at the Conquest, and did not subsist before it. It may be further observed, that in the preamble to the great charter it is stipulated that the barons shall hold the liberties there granted to them and their heirs, from the king and his heirs; which shows that the doctrine of an unalienable tenure was always uppermost in their minds. Their idea even of liberty was not (if I may use the expression) perfectly free; and they did not claim to possess their privileges upon any natural principle or independent bottom, but just as they held their lands from the king. […]
All these were marks of a real and grievous servitude. The great charter was made not to destroy the root, but to cut short the overgrown branches of the feudal service[.]

Edmund Burke An Essay towards an Abridgement of English History, written between 1757 and c. 1763. From Edmund Burke (1852) The Works and Correspondence of the Right Honourable Edmund Burke, in Eight Volumes, Vol. IV, London: F. & J. Rivington, pp. 358-9 (Google Books)
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