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
(1) _The Feudal Aristocracy._ Even a casual glance at the clauses of the
Great Charter shows how prominently abuses of feudal rights and
obligations bulked in the eyes of its promoters. Provisions of this type
must be considered chiefly as concessions to the feudal
aristocracy—although it is true that the relief primarily intended for
them indirectly benefited other classes as well.
(2) _Churchmen._ The position of the Church is easily understood when we
neglect the privileges enjoyed by its great men _quâ_ barons rather than
_quâ_ prelates. The special Church clauses found no place whatsoever in
the Articles of the Barons, but bear every appearance of having been
tacked on as an after-thought, due probably to the influence of Stephen
Langton.[209] Further, they are mainly confirmatory of the separate
Charter already twice granted within the few preceding months. The
National Church indeed, with all its patriotism, had been careful to
secure its own selfish advantage before the political crisis arrived.
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Footnote 209:
Cf. _supra_, p. 50.
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(3) _Tenants of Mesne Lords._ When raising troops with the object of
compelling John to grant Magna Carta by parade of armed might, the
barons were perforce obliged to rely on the loyal support of their own
freeholders. It was essential that the knights and others who held under
them should be ready to fight for their mesne lords rather than for the
King their lord paramount. It was thus absolutely necessary that these
under-tenants should receive some recognition of their claims in the
provisions of the final settlement. Concessions conceived in their
favour are contained in two clauses (couched apparently in no specially
generous spirit), namely, chapters 15 and 60. The former limits the
number of occasions on which aids might be extorted from sub-tenants by
their mesne lords to the same three as were recognized in the case of
the Crown. Less than this the barons could scarcely have granted.
Chapter 60 provides generally, in vague words, that all the customs and
liberties which John agrees to observe towards his vassals shall be also
observed by mesne lords, whether prelates or laymen, towards their
sub-vassals. This provision has met with a chorus of applause from
modern writers. Prof. Prothero declares[210] that “the sub-tenant was in
all cases as scrupulously protected as the tenant-in-chief.” Dr. Hannis
Taylor[211] is even more enthusiastic. “Animated by a broad spirit of
generous patriotism, the barons stipulated in the treaty that every
limitation imposed for their protection upon the feudal rights of the
king should also be imposed upon their rights as mesne lords in favour
of the under-tenants who held of them.”[212] It must, however, be
remembered that a vague general clause affords less protection than a
definite specific privilege; and that in a rude age such a general
declaration of principle might readily be infringed when occasion arose.
Public-domain text, read in full here on John Shaqi.
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