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
The Charter in its new form was really a manifesto issued by the
moderate men who rallied round the throne of the young King; it may be
viewed in two aspects, as a declaration by the Regent and his
co-adjutors of the policy on which they accepted office, and as a bid
for the support of the barons who still adhered to the faction of the
French prince. Its issue was, indeed, dictated by the crucial situation
created by the presence in England of Prince Louis of France supported
by a foreign army and by a large faction of the English barons who had
sworn homage to him as their king. It was, therefore, framed in terms
likely to conciliate such of the opposition as were still open to
conciliation. Yet the new Charter could not be a verbatim re-issue of
the old one. Vital alterations were required by the altered
circumstances.[239] It was no longer the expression of a reluctant
consent by the government of the day to the demands of its enemies, but
rather a set of rules deliberately accepted by that government for its
own guidance. The chief tyrant against whom the original provisions had
been directed was now dead, and certain forms of tyranny, it was
confidently hoped, had died with him. Restraints now placed on the
Crown’s prerogatives would only hamper the free action of the men who
framed them, not of their political opponents. The new beneficent
government must not suffer for the sins of the old evil one. The Regent,
while willing to do much for the cause of conciliation, could not afford
to paralyze his own efficiency at a time when foreign invaders were in
possession of one-half of England, from which it would require a supreme
effort to dislodge them. In especial, the Crown, in its urgent need for
money wherewith to pay the wages of its mercenaries, must suffer no
unnecessary restraints upon its powers of taxation. The existing civil
war made it imperative that the government should retain a free hand in
exacting feudal services and in levying scutages. Moderate-minded men
would readily acquiesce in the wisdom of this policy; while it was
useless to modify it in the hope of conciliating the extreme party who
had thrown in their lot irretrievably with Prince Louis.
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Footnote 239:
The cause for wonder is rather how few changes required to be made.
“It is, however, by no means the least curious feature of the history,
that so few changes were needed to transform a treaty won at the point
of the sword into a manifesto of peace and sound government.” Stubbs,
_Const. Hist._, II. 21.
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Public-domain text, read in full here on John Shaqi.
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