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
Strangely enough, Sir Thomas Duffus Hardy, so recently as 1837, in
publishing his _Rotuli Chartarum_ (Introduction, p. ii. note 5)
declared that no original of John’s Charter existed. Many copies, he
knew, had been "made and deposited, for the sake of perpetuation, in
all the principal religious houses in the kingdom. However,
notwithstanding all the care taken by multiplication of copies, it is
singular that no contemporary copy of King John’s Magna Carta has yet
been found." The Lincoln MS. he dismissed as “certainly not of so
early a date,” while he confuses the only one of the British Museum
MSS. known to him with the Articles of the Barons. He further
reasserts the fallacy, so clearly exposed by Blackstone eighty years
earlier, that John had issued a separate _Carta de Foresta_.
-----
As these four versions are practically identical in their substance—the
variations being merely in the use of contractions or in other verbal
changes of a trivial character—no important question seems to be
involved in the discussion as to whether any one of them has greater
value than the others. The Record Commissioners considered that the
Lincoln copy was the first to be completed (and therefore that it
possessed special authority), because, unlike the two Cottonian copies,
it contained no insertions at the foot of the instrument. Yet it seems
more plausible to argue that this very immunity from clerical errors, or
from additions made after engrossment, proves that it was of later and
less hurried execution than the others, and therefore of less authority,
if any distinction is permissible. Mr. Thomson has much ground for his
contention in speaking of the fire-marked version in the British Museum
that “the same circumstances may probably be a proof of its superior
antiquity, as having been the first which was actually drawn into form
and sealed on Runnymede, the original whence all the most perfect copies
were taken.”[301]
-----
Footnote 301:
Thomson, _Magna Charta_, 422.
-----
In all printed texts of Magna Carta, the contents are divided into a
preamble and sixty-three chapters, and each chapter is numbered and
treated in a separate paragraph by itself. There is no warrant for this
in any one of the four originals, all of which run straight on from
beginning to end, like other feudal charters, and contain no numbers or
other indication where one provision ends and another begins. Strictly
speaking, Magna Carta has thus no chapters: these are a modern
invention, made for convenience of reference.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account