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
Although the Charter, thus, in 1225 took the permanent place it has
since retained among the fundamental laws of England, it was not yet
secure from attacks. Two years later the actions of Henry raised strong
suspicions that he would gladly annul it, if he dared.
The young King, in spite of the Pope’s bull declaring him of full age in
1223, had in reality only passed from one set of guardians to another;
he had long chafed under the domination of the able but unscrupulous
Peter des Roches, Bishop of Winchester, when in the beginning of 1227 he
suddenly rebelled. Acting probably under the advice of Hubert de Burgh,
who wished to return to power, Henry determined to shake off the control
of Bishop Peter. At a Council held at Oxford in January, 1227, Henry,
though not yet twenty, declared himself of full age;[279] and soon
thereafter showed what use he intended to make of his newly acquired
freedom. Making an unexpected application of the proclamation issued by
the Regent, William Marshal, in 1218, that the great seal should not,
during the minority, be used to authenticate any grants in perpetuity of
royal demesne lands or other rights of the Crown, Henry now interpreted
this to imply the nullity of all charters whatsoever which had been
issued under the great seal since his accession. He even tentatively
applied this startling doctrine to the Forest Charter.
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Footnote 279:
A bull of Gregory IX., dated 13th April, 1227, confirmed Henry in this
declaration that his minority was ended. See Blackstone, _Great
Charter_, li., and Stubbs, _Const. Hist._, II. 39.
-----
Henry’s new policy seems to have been endorsed by the magnates present,
and on 21st January, 1227, he issued by their “common counsel” a series
of “letters close” directing that all recipients of Crown charters must
apply for their renewal—a ceremony requiring, of course, to be
handsomely paid for. On 9th February a second series of “letters close”
was issued, resulting in the extension of many forests to their old
boundaries once more.[280]
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Footnote 280:
See _Rot. Claus._, II. 169, and Stubbs, _Const. Hist._, II. 40, where
it is suggested that “the declaration seems merely to have been a
contrivance for raising money.” This is not quite accurate. Mr. G. J.
Turner, in his introduction to _Select Pleas of the Forest_, pp. xcix.
to cii., gives a full and convincing account of Henry’s procedure and
motives. “The king neither repudiated the Charter of the Forest nor
annulled the perambulations which had been made in his infancy. He
merely corrected them after due inquiry.”
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Public-domain text, read in full here on John Shaqi.
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