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
At the same time, the attitude even of Henry III. towards Magna Carta
indicates a distinct advance upon that of his father. It was much that
the advisers of John’s infant heir solemnly accepted, on behalf of the
Crown, the provisions of the Charter, and strove to enforce them during
the minority; and it was even more that Henry, on attaining majority,
confirmed the arrangement thus arrived at, freely and on his own
initiative, and found himself thereafter unable openly to repudiate the
bargain he had made. Yet the settlement of the dissensions between Crown
and baronage was still nominal rather than real. In the absence of
proper constitutional machinery, the king was merely bound by bonds of
parchment which he could break at pleasure. The victory of the friends
of liberty proved a hollow one, since unsupported promises count for
little in the great struggles fought for national liberties. Even the
crude constitutional devices of the Charter of 1215 entirely disappeared
from its confirmations; and, in the absence of all sanctions for its
enforcement, the Charter became an empty expression of good intentions.
If a quarrel arose, no constitutional expedient existed to reconcile the
disputants—nothing to obviate a final recourse to the arbitrament of
civil war. Thus, part of the blame for the recurring and devastating
struggles of the reign of Henry III. must be attributed to the defects
of the Great Charter.
The whole interest of the reign indeed lies in the various attempts made
to evolve adequate machinery for enforcing the liberties contained in
Magna Carta. Experiments of many kinds were tried in the hope of turning
theory into practice. The system of government outlined in the
Provisions of Oxford of 1258, for example, reproduced the defects of the
crude scheme contained in chapter 61 of the Great Charter, and added new
defects of its own. It sought to keep the king in the paths of good
government by the coercion of a body of his enemies. This baronial
committee was not designed to enter into friendly co-operation with
Henry in the normal work of government, but rather to supersede entirely
his right to exercise certain of the royal prerogatives. No glimmering
was yet apparent of the true solution afterwards adopted with success.
It was not yet realized that the best way to control the Crown was
through the agency of its own ministers, and not by means of a hostile
opposition organized for rebellion—that the correct policy was to make
it difficult for the king to rule except through regular ministers, and
to secure that all such ministers should be men in whom the _Commune
Concilium_ reposed confidence and over whom it exercised control.
Public-domain text, read in full here on John Shaqi.
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