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
All these elements counted for something, but failed to restrain
sufficiently even an average king; while they were powerless against a
strong ruler like William I. The only moment at which the Crown might be
taken at a clear disadvantage was during the interregnum which followed
the death of the last occupant of the throne. Two or more rival heirs
might aspire to the high position, and would be eager to make promises
in return for support. Thus, William Rufus, at his father’s death,
anxious to prevent his elder brother, Duke Robert, from making good his
claim to the English throne, succeeded chiefly through the friendship of
Lanfranc. To gain this, he was compelled to make promises of good
government, and to follow his father’s precedent by taking the oath in
the ancient form, in which it had been administered by Dunstan to
Ethelred. In the same reign began the practice of supplementing verbal
promises by sealed charters, which in some respects must be regarded
simply as the old coronation oath confirmed, expanded, and reduced to
writing. No such charter was indeed issued either by Rufus or by his
father when they were crowned; but the younger William, at a critical
period later in his reign, seems to have granted a short Charter of
Liberties, the exact contents of which have not come down to us. At the
death of Rufus, his younger brother, Henry I., found himself hard
pressed in the competition for the English Crown by Duke Robert (the
Conqueror’s eldest son). By a treaty made at Caen in 1091, Duke Robert
and Rufus had agreed that each should constitute the other his heir.
Thus Henry was, in a sense, a usurper, and this circumstance made it
necessary for him to bid high for influential support.[165] It is to
this doubtful title, coupled with the knowledge of widespread
disaffection, that Englishmen owe the origin of the first Charter of
Liberties that has come down to us.[166]
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Footnote 165:
Stubbs, _Const. Hist._, I. 328-9, and authorities there cited.
Footnote 166:
See Appendix.
-----
This charter was the price paid by Henry for the support he required in
his candidature for the Crown. In granting it he admitted, in a sense,
the contractual basis of his kingship. In discussing its tone and
general tenor there is ample room for differences of opinion. Dr.
Stubbs[167] maintains that Henry thereby “definitely commits himself to
the duties of a national King.” Writers of almost equal authority
somewhat modify this view, holding that, although circumstances forced
Henry to pose as the leader of the entire nation, yet nothing of this
could be traced in the charter, the basis of which seems to have been
feudal rather than national.[168]
-----
Footnote 167:
_Const. Hist._, I. 331.
Footnote 168:
See Prothero, _Simon de Montfort_, 16: “That charter had been mainly
of a feudal character; it contained no provision for, and scarcely
even hinted at, a constitutional form of government.”
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Public-domain text, read in full here on John Shaqi.
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