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 of 1216 is, therefore, notable for its omissions. The chief
among these may be arranged under five groups.[240] (1) Restraints
placed in 1215 on the taxing power of the Crown now disappeared. The
chapters which forbade the king to increase the “farms” or fixed rents
of the counties and hundreds, those which defined the king’s relations
with the Jews, and those which restricted the lucrative rights derived
from the rigorous enforcement of the forest laws, were discarded. An
even more important omission was that of the clause which abolished the
Crown’s rights to increase feudal contributions arbitrarily without
consent of the Common Council.
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Footnote 240:
This classification takes no account of such alterations as seem to be
merely verbal or inserted to remove ambiguities, _e.g._ upon chapters
22, 28, and 30 of the original Charter.
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(2) One clause specially valued by the national Church was also omitted.
John’s grant of liberty of election by the canons of the chapters was
quietly ignored; although the vague declaration that the Church “should
be free” was allowed to remain.
(3) A great number of provisions of purely temporary interest naturally
disappeared, among them those providing for the disbandment of mercenary
troops and the dismissal from office of obnoxious individuals. Of more
importance was the omission of all reference to the device adopted for
enforcing the original Charter by means of the baronial committee of
twenty-five Executors.
(4) A number of minor omissions of a miscellaneous nature may be grouped
together; for example, chapter 27, providing that the chattels of every
freeman who died intestate should be divided under the supervision of
the Church; chapter 41, granting freedom to leave the kingdom, and
return, without the king’s consent; chapter 45, by which the Crown
restricted itself in the choice of justiciars and other officers; and
the latter half of chapter 47, relating to the banks of rivers and their
guardians.[241]
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Footnote 241:
Public-domain text, read in full here on John Shaqi.
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