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
Among the chapters restoring order, the most important, with the
exception of those recasting the machinery of administration, was that
which ordered the destruction of the “adulterine” castles,[256] that is,
the private strongholds built by barons without the licence of the
Crown. These remained in 1217, as they had remained in 1154, a result of
past civil war, and a menace to peace and good government in the future.
It was the aim of every efficient ruler to abolish all fortified
castles—practically impregnable in the thirteenth century when artillery
was unknown—except those of the King, and to see that the royal castles
were under command of “constables”[257] of approved loyalty. John had
placed his own strongholds under creatures of his own, who, after his
death, refused to give them up to his son’s Regent. The attempt to
dislodge these soldiers of fortune, two years later, led to new
disturbances in which the famous Falkes de Breauté played a leading
part.[258] The destruction of “adulterine” castles and the resumption of
royal ones were both necessary accompaniments of any real pacification.
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Footnote 256:
C. 47 of 1217.
Footnote 257:
See _infra_ under cc. 24 and 45.
Footnote 258:
Stubbs, _Const. Hist._, II. 32.
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The re-issue of 1217 may also be regarded as bearing some analogy to a
modern amending Statute. Experience, for example, had suggested the
desirability of several alterations in the procedure for holding petty
assizes. Many objections had been taken to the dispatch of Justices,
with commissions to hold assizes in the various counties, so frequently
as four times every year. It was now agreed to reduce these circuits
from once a quarter to once a year—a concession to those who felt the
burden of too frequent attendance.[259] Although the king’s Justices
were still to enjoy the co-operation of knights from each county, it was
no longer specially mentioned that these knights should be _elected_.
All pleas of darrein presentment were removed from the jurisdiction of
the Justices on circuit, and reserved for the consideration of “the
Bench,” presumably now settled at Westminster.[260] The two other
assizes (novel disseisin and mort d’ancestor) were still left to the
king’s Justices in the respective counties where the lands lay, but
difficult points of law were reserved for “the Bench.”[261] The
inferiority of the Justices of Assize to the Courts at Westminster was
thus made clear.
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Footnote 259:
C. 13 of 1217.
Footnote 260:
C. 15 of 1217.
Footnote 261:
C. 14 of 1217.
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Public-domain text, read in full here on John Shaqi.
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