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
Perhaps its chief provisions are those in favour of the Church,
supplementing a vague declaration that the Church should be “free” by
specific promises that the bishops should have exclusive jurisdiction
and power over churchmen and their goods, along with the sole right to
superintend their distribution after death. Here was a clear
confirmation of the right of the Courts Christian to a monopoly of all
pleas affecting the clergy or their property. It is the first distinct
enunciation in England of the principle afterwards known as "benefit of
clergy"—and that, too, in a form more sweeping than was ever afterwards
repeated. Stephen also explicitly renounced all rights inherent in the
Crown to wardship over Church lands during vacancies—a surrender never
dreamed of by either Henry I. or Henry II.
Grants to the people at large followed. A general clause promising peace
and justice was again supplemented by specific concessions of more
practical value, namely, a promise to extirpate all exactions, unjust
practices, and “miskennings” by sheriffs and others, and to observe
good, ancient, and just customs in respect of murder-fines, pleas, and
other causes.
Strangely enough, there is only one provision specially benefiting
feudal magnates, the King’s disclaimer of all tracts of land afforested
since the time of the two Williams. The omission of further feudal
concessions must not be attributed either to Stephen’s strength, or to
any spirit of moderation or self-sacrifice in the magnates. Each baron
of sufficient importance had already extorted a special charter in his
own favour, more emphatic and binding from its personal nature, and
accordingly more valued than a mere general provision in favour of all
and sundry. Such private grants generally included a confirmation of the
grantee’s right to maintain his own feudal stronghold, thus placing him
in a position of practical independence.
It is instructive to compare these wide promises of Stephen with the
meagre words of the charter granted by Henry of Anjou at or soon after
his Coronation.[178] Henry II. carefully omits all mention of Stephen
and his charters, not, as is sometimes supposed, because he did not wish
to acknowledge the existence of a usurper, but because of that usurper’s
lavish grants to the Church. Henry had no intention either to confirm
“benefit of clergy” in so sweeping a form as Stephen had done, or to
renounce wardship over the lands of vacant sees.
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Footnote 178:
The charter of Henry II. is given in Bémont, _Chartes_, 13, and in
_Select Charters_, 135. It seems worth while to mention in this
connection a notable mistake of a writer whose usual accuracy is
envied by his brother historians. Mr. J. H. Round (_Engl. Hist. Rev._,
VIII. 292) declares that “the royal power had increased so steadily
that Henry II. and his sons had been able to abstain from issuing
charters, and had merely taken the old tripartite oath.”
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Public-domain text, read in full here on John Shaqi.
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