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
Fears, apparently unfounded, that the Great Charter was in danger, seem
to have been rife. If Henry really entertained any intention of setting
aside Magna Carta, it is fortunate that the attack upon it, suggested to
the King by William Briwere in January, 1223, was not seriously
attempted until four years later. The delay was of supreme importance,
since there had intervened the third re-issue of the Charter containing
the declaration that the King had acted voluntarily, and fortified by
the facts that Honorius had previously declared him of full age for such
purposes, and that he had accepted a price for the confirmation of the
Charter. Henry could not now repudiate the papal dispensation which he
had gladly accepted and acted upon four years earlier. In this way the
re-issue of both charters in 1225 had gone far to secure the national
liberties. Henry shrank from any open infringement of the Great Charter;
and, although he was partially successful in restoring the forests to
their old wider boundaries, thus undoing many reforms of his minority,
he proceeded without violating the letter of the Forest Charter.
Henceforward, Henry’s attitude towards the charters was a settled one,
and easily understood. He confirmed them with a light heart whenever he
could obtain money in return, and thereafter acted as though they did
not exist.
Henceforth history is concerned not with re-issues but with
confirmations of the Great Charter. Of these the number is considerable,
beginning with that granted at Westminster on 28th January, 1237;[281]
but it forms no part of the scheme of this Historical Introduction to
describe these in detail.[282] One of them, the so-called _Confirmatio
Cartarum_ of 5th November, 1297, is specially important, not because it
is a confirmation, but because it is something more. It contains new
clauses which impose restrictions on the taxing power of the Crown; and
these, to some extent, take the places of those chapters (12 and 14) of
the original grant of John, which had been omitted in all intervening
re-issues and confirmations.
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Footnote 281:
Blackstone, _Great Charter_, 68–9; Stubbs, _Sel. Charters_, 365–6.
Footnote 282:
The more important among them are enumerated by Coke in his second
_Institute_, p. 1. Further details are given by Blackstone, _Great
Charter_, lii.; Thomson, _Magna Charta_, 437–446; and in Bémont,
_Chartes_, pp. xxx. to liii.
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