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
Stubbs, _Const. Hist._, II. 25.
Footnote 249:
See _infra_ under chapter 9.
Footnote 250:
_Great Charter_, xxxix., and _cf. infra_, p. 201.
Footnote 251:
The Forest Charter, preserved in the archives of Durham Cathedral,
bears this date, and that, in itself, affords some presumption that
the Charter of Liberties (undated) to which it forms a supplement was
executed at the same time. M. Bémont accepts this date; see his
_Chartes_, xxviii., and authorities there cited. Blackstone, _Great
Charter_, xxxix., gives the probable date as 23rd September. Dr.
Stubbs, always catholic in his sympathies, gives both dates, 23rd
September in _Sel. Charters_, 344, and 6th November in _Const. Hist._,
II. 26. This Charter of Liberties of 1217, originally found among the
archives of Gloucester Abbey and now in the Bodleian Library at
Oxford, still bears the impression of two seals—that of Gualo in
yellow wax, and that of the Regent in green. See Blackstone, _Great
Charter_, p. xxxv. The existence of the separate Forest Charter was
only surmised by Blackstone, _Ibid._, p. xlii.; but shortly after he
wrote, an original of it was found among the archives of Durham
Cathedral. For an account of this and of its discovery, see Thomson,
_Magna Charta_, pp. 443-5.
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The issue of these two Charters put the copestone to the general
pacification of the kingdom. After the wide-spread havoc wrought by two
years of civil war, the moment had come for a definite and final
declaration by the Regent of his policy for ruling an England once more
at peace. Not only was he bound in honour to this course by the Treaty
of Lambeth, but the opportunity was a good one for fulfilling the
promise made in chapter 42 of the Charter of 1216. Accordingly the
respiting clause of that document now disappeared altogether, and some
new clauses took its place. The matters reserved for further discussion
as “_gravia et dubitabilia_” had now been reconsidered and were either
finally abandoned, or else accepted with more or less radical
alterations. The results of these deliberations are to be found in a
number of additions to the Charter of Liberties of 1217, the most
important of which are chapters 44 and 46, and in the terms of a Forest
Charter now granted for the first time.
Chapter 46 is a “saving clause,” reserving to archbishops, bishops,
abbots, priors, templars, hospitallers, earls, barons, and all other
persons, cleric and lay, the liberties and free customs which they
previously had. The vagueness of this provision (a mere reference to the
undefined and misty past) deprived it of all practical value. The other
addition was of much greater importance.
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