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
"In the name of the Holy Trinity I promise three things to the
Christian people and my subjects: first, that God’s church and all
Christian people of my dominions hold true peace; the second is that I
forbid robbery and all unrighteous things to all orders; and third,
that I promise and enjoin in all dooms, justice and mercy, that the
gracious and merciful God of his everlasting mercy may forgive us all,
who liveth and reigneth." The name of the King is not mentioned, and
may have been either Edward or Ethelred, but is usually identified
with the latter. See Kemble, _Saxons in England_, II. 35.
-----
It may be briefly analyzed into three promises—peace to God’s Church and
people; repression of violence in men of every rank; justice and mercy
in all judgments. Such was the famous tripartite oath taken, after
celebration of mass, over the most sacred relics laid on the high altar,
in presence of Church and people, by the kings of the old Anglo-Saxon
race. When William I., anxious in all things to fortify the legality of
his title, took the oath in this solemn form, he created a precedent of
tremendous importance, although he may have regarded it at the moment as
an empty formality.[164]
-----
Footnote 164:
Two independent authorities, both writing from the English point of
view, Florence of Worcester, and the author of the Worcester version
of the _Chronicle_, agree that the Conqueror took the oath; the Norman
authorities neither contradict nor confirm this. “William of Poitiers
and Guy are silent about the oath.” Freeman, _Norman Conquest_, III.
561, note.
-----
This step was doubly important: as a link with the past, as a precedent
for the future. A bridge was thus thrown across the social and political
gulf of the Norman Conquest, preserving the continuity of the monarchy
and of the basis on which it was founded. The elective character of the
kingship, the need for coronation by the Church, and (the natural
supplement of both) this tripartite oath containing promises of good
government, valuable though vague, were all preserved.
This was of vital moment, because limits were thereby placed, in theory
at least, on prerogatives that threatened in practice to become
absolute. Undoubtedly the power of the Norman kings was very great, and
might almost be described as irresponsible despotism, tempered by the
fear of rebellion. Three forces indeed acted as curbs: the practical
necessity for consulting the Curia Regis (or assembly of crown vassals)
before any vital step was taken; the restraining influence of the
national Church, backed by the spiritual powers of Rome; and the growth,
in a vague form, it is true, of a body of public opinion confined as yet
to the upper classes.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account