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
Various ingenious devices were used for checking the feudal excesses so
prevalent on the continent. Rights of private war, coinage, and
castle-building, were jealously watched and circumscribed; while private
jurisdictions, although tolerated as a necessary evil, were kept within
bounds. The manor was in England the normal unit of seignorial
jurisdiction, and higher courts of Honours were so exceptional as to be
a negligible quantity. No feudal appeal lay from the manorial court of
one magnate to that of his over-lord, while, in later reigns at least,
appeals were encouraged to the _Curia Regis_. Almost at the close of
William’s reign a new encroachment upon the feudal spirit was
accomplished, when the Conqueror on Salisbury Plain compelled all
freeholders to take an oath of homage and fealty personally to the king.
The results of this policy have been well summarized as “a strong
monarchy, a relatively weak baronage, and a homogeneous people.”
During the reign of William II. (1087-1100) the constitution made no
conspicuous advance. The foundations had been laid; but Rufus was more
intent on his hunting and enjoyments, than on the deeper matters of
statecraft. Some minor details of feudal organization were doubtless
settled and defined in these thirteen years by the King’s Treasurer,
Ralph Flambard; but the extent to which he innovated on the practice of
the elder William is matter of dispute. On the whole, the reign must be
considered as a time of rest between two periods of advance.
Public-domain text, read in full here on John Shaqi.
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