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
This view is strengthened by analysis of the actual provisions of the
charter. While important and definite concessions were made to the
Church and to the Crown-tenants, those to the people at large were few
and vague—so vague as to be of little practical use. The Church, it was
declared, “should be free,” a wide phrase to which these particulars
were added, namely, that the wardship of sees during vacancies should
not be sold or hired out, and that no sums should be demanded in name of
reliefs from the lands or tenants of a see when a death occurred. The
“baronage” (to use a convenient anachronism for “the Crown-tenants
considered collectively”) received redress of their worst grievances in
regard to reliefs and other feudal obligations. In this respect Henry’s
charter anticipated and even went beyond some of the reforms of
1215.[169]
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Footnote 169:
Details are reserved for consideration under the feudal clauses of the
Great Charter.
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It is true that the mass of the people may have indirectly benefited by
many of these provisions; but when we look for measures of a directly
popular character, only three can be found, namely, promises to enforce
peace in the land, to take away evil customs, and to observe the laws of
Edward Confessor as amended by William I. This is too slender a basis on
which to found a claim to take rank as a “national king,” even if Henry
had any intention of keeping his promises. It is now notorious that not
a single promise remained unbroken.[170]
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Footnote 170:
See Round, _Feudal England_, 227, and Pollock and Maitland, I. 306.
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From another point of view the charter is a criticism on the
administration of Rufus (and to some extent also of the Conqueror),
combined with a promise of amendment. Henry thus posed as a reformer,
and forswore the evil customs of his father and brother. The great value
of the charter, however, lies in this, that it is the first formal
acceptance (published under seal and in proper legal shape) of the old
law of Anglo-Saxon England by a ruler of the new alien dynasty; yet in
this Henry was only completing what his father had begun. These
considerations help to account for the almost exaggerated importance
attached to Henry’s charter during the reign of John.
Public-domain text, read in full here on John Shaqi.
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