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
Another set of provisions which the respiting clause of 1216 had
promised to reconsider was amply restored in the terms of a separate
Forest Charter. This took the place not only of certain chapters of the
original grant of 1215 omitted in 1216, but also of chapters 36 and 38
of the grant of 1216. Nothing was, however, done to restore other
important omissions, namely, those relating to the Jews, to intestate
succession, to free ingress to and egress from England. On the other
hand, additional provisions, not promised in the respiting clause, were
directed against various abuses of the Crown’s feudal and other
prerogatives.[255]
-----
Footnote 255:
See cc. 7, 26, and 38 of 1217. Blackstone (_Great Charter_, xxvii.)
further considers that c. 35 of 1217 contains “more ample provision
against unlawful disseisins”; and this opinion of a great lawyer is
shared by a distinguished historian. Mr. Prothero (_Simon de
Montfort_, 17 n.), finds that the words of the re-issue “are
considerably fuller and clearer than the corresponding declaration in
the charter of 1215.” It will be shown, however, _infra_ under chapter
39, that one object of the alteration was to make it clear that
holdings of villeins were excluded from the projection of the
_judicium parium_; and that other alterations in the Charter of 1217
(_e.g._ chapter 16) are carefully drawn with a similar object.
-----
So far the Charter of 1217, with its restorations and additions, may be
regarded as a politic effort to secure the support of the barons by
satisfying their reasonable demands; but it may also be viewed in three
other aspects: (1) as containing provisions for suppressing the anarchy
still prevalent in several districts, a legacy from the civil war; (2)
as amending some few details of the original grant which the experience
of two years had shown to be defective or objectionable; and (3) as
making a first attempt to solve certain problems of government which had
come quite recently to the foreground, but which were not successfully
grappled with until three-quarters of a century later, when the
legislative genius of Edward Plantagenet was brought to bear upon them.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account