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
The terms of this papal letter may have suggested to some of Henry’s
councillors the possibility of renouncing the Charters on the ground
that they had been granted to the prejudice of the King before he had
been declared of full age. One of his flatterers, William Briwere by
name, at a “colloquium” held in January, 1223, advised him to repudiate
the two Charters when requested by Stephen Langton to confirm them.
Briwere’s bold words are reported by Matthew Paris.[273] “_Libertates
quas petitis, quia violenter extortae fuerunt, non debent de jure
observari._” This doctrine of repudiation moved the primate to anger,
and Henry, still accustomed to leading-strings, gave way, swearing to
observe the terms of both charters. An element of truth, however,
underlay Briwere’s advice, and the whole incident probably showed to the
more far-seeing friends of liberty the necessity of a new and
_voluntary_ confirmation of the Charters by the King. An opportunity for
securing this occurred next year, when Henry at Christmas, 1224,
demanded one-fifteenth of all his subjects’ moveables. He was met by a
firm request that he should, in return for so large a grant, renew Magna
Carta. The result was the re-issue on 11th February, 1225, of both
Charters each of which was, as a matter of course, fortified by the
impression of the great seal recently made. The importance of the whole
transaction was enhanced by the declaration made by Honorius III. only
two years previously, that Henry was of full age to act for himself. The
new forest Charter was practically identical with that issued in 1217;
while the only alterations in the tenor of the Charter of Liberties were
the result of a laudable determination to place on record the
circumstances in which it had been granted. In the new preamble Henry
stated that he conceded it “_spontanea et bona voluntate nostra_” and
all reference to the consent of his magnates was omitted, although a
great number of names appear as witnesses at the close of the Charter.
These alterations were intended to emphasize the fact that no pressure
had been brought to bear on him, and thus to meet future objections such
as William Briwere had suggested in 1223, namely, that the confirmation
of the Charter had been extorted by force.[274]
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Footnote 273:
_Chronica Majora_, III. 76.
Footnote 274:
Dr. Stubbs thinks that in thus avoiding one danger, a greater danger
was incurred. "It must be acknowledged that Hubert, in trying to bind
the royal conscience, forsook the normal and primitive form of
legislative enactment, and opened a claim on the king’s part to
legislate by sovereign authority without counsel or consent." (_Const.
Hist._, II. 37.) This seems to exaggerate the importance of an
isolated precedent, the circumstances of which were unique. The
confirmation was something far apart from an ordinary “legislative
enactment.”
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Public-domain text, read in full here on John Shaqi.
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