Magna Carta: A Commentary on the Great Charter of King John: With an Historical IntroductionMcKechnie, William Sharp
History
Magna Carta: A Commentary on the Great Charter of King John: With an Historical Introduction
McKechnie, William Sharp
Constitutional history -- England -- Sources; Law -- England -- History; Law -- England -- Sources; Magna Carta
The ties which thus connect King John’s promises of good government with
the promises to the same effect made at their coronation by the princes
of the old dynasty of Wessex are by no means of an accidental nature.
Not only is identity of substance, in part at least, maintained
throughout; but the promises were the outcome of an essential feature of
the old English constitution—a feature so deeply rooted that it survived
the shock of the Norman Conquest. This feature, so fundamental and so
productive of great issues, was the elective or quasi-elective nature of
the monarchy. During the Anglo-Saxon era, two rival principles, the
elective and the hereditary, struggled for the mastery in determining
the succession to the Crown. In an unsettled state of society, nations
cannot allow the sceptre to pass into the hands of an infant or a
weakling. When a king died, leaving a son of tender age, and survived by
a brother of acknowledged ability and mature powers, it was only natural
that the latter should, in the interests of peace and order, be
preferred to the throne. In such cases, the strict principle of
primogeniture was not followed. The magnates of the kingdom, the
so-called Witan, claimed the right to choose a fitting successor; yet in
so doing they usually paid as great regard to the claims of kindred as
circumstances permitted. The exact relations between the elective and
the hereditary principles were never laid down with absolute precision.
Indeed, the want of definition in all constitutional questions was
characteristic of the age—a truth not sufficiently apprehended by
writers of the school of Kemble and Freeman. The practice usually
followed by the Witenagemot was to select as the new ruler some kinsman
of the late king standing in close relationship to him, and at the same
time competent for the high post. The king-elect thus appointed had,
before his title was complete, to undergo a further ceremony: he
required to be solemnly anointed by the representative of the spiritual
power, and this gave to the Church an important share in deciding who
should be king. At an early date—exactly how early is not known, but
certainly not later than the days of Edgar—it became the invariable
practice for the officiating archbishop to exact an oath of good
government from the king-elect before his final coronation. The precise
terms of this oath became stereotyped; and, as administered by Dunstan
to King Ethelred, they are still extant.[163]
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Footnote 163:
The words have come down to us in two versions: one Anglo-Saxon and
the other Latin. The former is preserved in _Memorials of St. Dunstan_
(Rolls Series), p. 355, where it is translated by Dr. Stubbs:—
Public-domain text, read in full here on John Shaqi.
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