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
Dr. Stubbs propounds the theory that this re-issue of 1216 represents
a compromise whereby the central government, in return for increased
taxing powers, allowed to the feudal magnates increased rights of
jurisdiction. He gives, however, no reasons for this belief, either in
_Select Charters_, p. 339, or in his _Constitutional History_, II. 27.
It is abundantly clear that the Crown reserved a free hand for itself
in taxation, but there seems no evidence to support the other part of
the theory, namely, that feudal justice gained new ground against
royal justice in 1216 which had not been already gained in 1215.
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A practical difficulty confronted the advisers of the young King as to
the execution of the Charter. No instance of a Regency had occurred
since seals came into general use; and, therefore, neither law nor
custom afforded precedents for the execution of documents during a
king’s minority. The seal of a king, like that of any ordinary magnate,
was personal to him, and not available for his heir. The custom indeed
was to destroy the matrix when a death occurred, and thus to prevent its
being put to improper uses. John’s great seal could no longer be
used,[244] and the advisers of Henry III. shrank from the responsibility
of making a new one for the infant monarch. Yet no charter would be
binding unless executed with all the recognized formalities. In these
circumstances it was resolved to authenticate the new Charter by
impressing on it the seals of the papal legate and of the Regent. Henry
was made to explain that, in the absence of a seal of his own, the
Charter had been sealed with the seals of Cardinal Gualo and of William
Marshal, Earl of Pembroke, “_rectoris nostri et regni nostri_.”
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Footnote 244:
It is unnecessary to invent any special catastrophe to account for the
disappearance of John’s seal. Blackstone (_Great Charter_, xxix.)
says, "King John’s great seal having been lost in passing the washes
of Lincolnshire."
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Public-domain text, read in full here on John Shaqi.
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