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
Minor variations are discussed under their appropriate chapters
_infra_. A full list is given by Blackstone, _Great Charter_, xxxvi.
Footnote 268:
_Cf._ Stubbs, _Const. Hist._, II. 27. “This re-issue presents the
Great Charter in its final form.”
Footnote 269:
The terms of these writs are preserved in _Rot. Claus._, I. 377.
The Regent and the ministers of the Crown seem to have felt increasingly
the inconvenience of conducting the government without a great seal of
the King. There was a natural reluctance to accept grants authenticated
merely by substitutes for it, since these might not be treated as
binding on the monarch when he came of age. The Regent at last agreed to
the engraving of a great seal for Henry, but not without misgivings. To
prevent it being used by unscrupulous ministers to validate lavish
grants to their own favourites to the impoverishment of the Crown, the
Council, on the advice of the Regent, issued a proclamation that no
charter or other deed implying perpetuity should be granted under the
new seal during the King’s minority—a saving clause of which Henry was
destined to make a startling use. This proclamation was probably issued
soon after Michaelmas 1218.[270]
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Footnote 270:
Stubbs, _Const. Hist._, II. 30. The _Annals of Waverley_, p. 290,
speak of a re-issue of the charters about this date; but this probably
results from confusion with what happened a year earlier. See Stubbs,
_Ibid._
-----
On 14th May, 1219, England lost a trusted ruler through the death of the
aged Regent, whose loyalty, firmness, and moderation had contributed so
much to repair the breaches made in the body politic by John’s evil
deeds, and the consequent civil war. After the good Earl of Pembroke’s
death, the Bishop of Winchester and Hubert de Burgh contended for the
chief place in Henry’s councils, with alternating success, but neither
of them succeeded to the title of _Rector regis et regni_.[271] A few
years later, the young King seems to have grown impatient under the
restraints of a minority, and the Roman Curia was ready to bid for his
goodwill by humouring him. In 1223 Honorius III., by letter dated 13th
April, declared Henry (then only in his sixteenth year) to be of full
age as regarded most of the duties of a king.[272]
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Footnote 271:
Stubbs, _Const. Hist._, II. 31.
Footnote 272:
Stubbs, _Const. Hist._, II. 32, and authorities there cited.
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