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
It marks also the commencement of a new grouping of political forces in
England; indeed without such a rearrangement the winning of the Charter
would have been impossible. Throughout the reign of Richard I. the old
tacit understanding between the king and the lower classes had been
endangered by the heavy drain of taxation; but the actual break-up of
the old alliance only came in the crisis of John’s reign. Henceforward
can be traced a gradual change in the balance of parties in the
commonwealth. No longer are Crown and people united, in the name of law
and order, against the baronage, standing for feudal disintegration. The
mass of humble freemen and the Church are for the moment in league with
the barons, in the name of law and order, against the Crown, recently
become the chief law-breaker.
The possibility of the existence of such an alliance, even on a
temporary basis, involved the adoption by its chief members of a new
baronial policy. Hitherto each great baron had aimed at his own
independence or aggrandisement, striving on the one hand to gain new
franchises for himself, or to widen the scope of those he already had,
and on the other to weaken the king and to keep him outside these
franchises. This policy, which succeeded both in France and in Scotland,
had before John’s reign already failed signally in England, and the
English barons now, on the whole, came to admit the hopelessness of
renewing the struggle for feudal independence. They substituted for this
ideal of an earlier age a more progressive policy. The king, whose
interference they could no longer hope completely to shake off, must at
least be taught to interfere justly and according to rule; he must walk
only by law and custom, not by the caprices of his evil heart. The
barons sought henceforward, to control the royal power they could not
exclude; they desired some determining share in the national councils,
if they could no longer hope to create little nations of their own
within the four corners of their fiefs. Magna Carta was the fruit of
this new policy.
It has been often repeated, and with truth, that the Great Charter marks
also a stage in the growth of national unity or nationality. Here,
however, it is necessary to guard against exaggeration. It is merely one
movement in a process, rather than a final achievement. We must somewhat
discount, while still agreeing in the main with, statements which
declare the Charter to be “the first documentary proof of the existence
of a united English nation”; or with the often-quoted words of Dr.
Stubbs, that “The Great Charter is the first great public act of the
nation, after it has realised its own identity.”[223]
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Footnote 223:
Public-domain text, read in full here on John Shaqi.
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