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
By consent of _both_ parties, however, disputes of almost every
description might be similarly determined; being referred (under
supervision of the king’s judges) to the verdict of local recognitors,
usually twelve in number, who were then known as a _jurata_ (not an
_assisa_, the two being strictly opposed to each other). While the
_assisa_ was narrowly confined to a few types of cases, the _jurata_,
since it favoured neither party, was a flexible remedy capable of
indefinite expansion, and thus soon became the more popular and the more
important of the two. Yet the ancient _assisa_ and the ancient _jurata_,
always closely connected, and resembling each other in most essential
features, can both claim to be ancestors of the modern civil "jury,"—the
name of the more popular institution having survived. Magna Carta, in
providing for the frequent holding of the three Petty Assizes, marked a
stage in the development of the Civil Jury; while, in enforcing the
criminal procedure of Henry Plantagenet, and guarding it from abuse, the
Charter had also a vital bearing on the genesis of the Grand Jury and
the Petty Jury alike.
These scattered and incidental references to tendencies still vague and
indefinite must not, however, be misread as a reference to the definite
procedure into which at a later date they coalesced: Magna Carta does
not promise “trial by jury” to anyone.
PART IV.
HISTORICAL SEQUEL TO MAGNA CARTA.
I. Re-issues and Confirmations of the Great Charter.
While King John had accepted the reforms contained in Magna Carta
unwillingly and insincerely, the advisers of his son accepted them in
good faith. Three re-issues of the Charter were granted in 1216, in
1217, and in 1225, and these were followed by many confirmations, a full
account of which would involve a complete political and legal history of
England. The scheme of this Historical Introduction is restricted to the
narration of such facts as have a direct bearing on the genesis and
contents of the Charter of John. Yet no account of Magna Carta would be
complete without some notice of the more important alterations contained
in these three re-issues.
On 28th October, 1216, Henry of Winchester, was crowned at Gloucester
before a small assemblage.[238] The young King took the usual oath as
directed by the Bishop of Bath, and he also performed homage to the
Pope’s representative Gualo, for the King of England was now the vassal
of Rome. At a Council held at Bristol, on 11th November, William
Marshal, Earl of Pembroke, was appointed _Rector regis et regni_; and,
next day, the Charter was re-issued in the King’s name. This was a step
of extreme importance, marking the acceptance by those in power for the
time being of the programme of the baronial opposition.
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Footnote 238:
See _Annals of Waverley_, p. 286, and Stubbs, _Const. Hist._, II. 18.
Public-domain text, read in full here on John Shaqi.
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