But the authority of Magna Carta does not rest alone upon the compact
with _John_. When, in the next year, (1216,) his son, Henry III., came
to the throne, the charter was ratified by him, and again in 1217, and
again in 1225, in substantially the same form, and especially without
allowing any new powers, legislative, judicial, or executive, to the
king or his judges, and without detracting in the least from the powers
of the jury. And from the latter date to this, the charter has remained
unchanged.
In the course of two hundred years the charter was confirmed by Henry
and his successors more than thirty times. And although they were guilty
of numerous and almost continual breaches of it, and were constantly
seeking to evade it, yet such were the spirit, vigilance and courage of
the nation, that the kings held their thrones only on the condition of
their renewed and solemn promises of observance. And it was not until
1429, (as will be more fully shown hereafter,) when a truce between
themselves, and a formal combination against the mass of the people, had
been entered into, by the king, the nobility, and the "_forty shilling
freeholders_," (a class whom Mackintosh designates as "_a few
freeholders then accounted wealthy_,"[106]) by the exclusion of all
others than such freeholders from all voice in the election of knights
to represent the counties in the House of Commons, that a repetition of
these confirmations of Magna Carta ceased to be demanded and
obtained.[107]
The terms and the formalities of some of these "confirmations" make them
worthy of insertion at length.
Hume thus describes one which took place in the 38th year of Henry III.
(1253):
"But as they (the barons) had experienced his (the king's) frequent
breach of promise, they required that he should ratify the Great
Charter in a manner still more authentic and solemn than any which he
had hitherto employed. All the prelates and abbots were assembled.
They held burning tapers in their hands. The Great Charter was read
before them. They denounced the sentence of excommunication against
every one who should thenceforth violate that fundamental law. They
threw their tapers on the ground, and exclaimed, _May the soul of
every one who incurs this sentence so stink and corrupt in hell!_ The
king bore a part in this ceremony, and subjoined, 'So help me God! I
will keep all these articles inviolate, as I am a man, as I am a
Christian, as I am a knight, and as I am a king crowned and
anointed.'"--_Hume_, ch. 12. See also _Blackstone's Introd. to the
Charters. Black. Law Tracts_, Oxford ed., p. 332. _Mackintosh's Hist.
of Eng._, ch. 3. _Lardner's Cab. Cyc._, vol. 45, p. 233-4.
The following is the form of "the sentence of excommunication" referred
to by Hume:
"_The Sentence of Curse, Given by the Bishops, against the Breakers
of the Charters._
Public-domain text, read in full here on John Shaqi.
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