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
III. _The Articles of the Barons._ Of hardly inferior historical
interest to these four original copies of the Great Charter is the
parchment which contains the heads of the agreement made between John
and the rebels on 15th June, 1215, from which the Charter was afterwards
expanded. The parchment containing these heads, known as the Articles of
the Barons, is now in the British Museum, cited officially as “Donation
MSS. 4838.” The seven centuries which have passed over it have left
surprisingly few traces; it is quite legible throughout, and still bears
the impression of John’s great seal in brown wax. It is probable that
this document may have passed with other English records into the hands
of Prince Louis during the civil war which followed close on the
transaction at Runnymede; that it was handed over to the Regent William
Marshal in terms of the Treaty of Lambeth concluded in September, 1217;
and that thereafter it was deposited in Lambeth Palace, where it
remained until the middle of the seventeenth century. Archbishop Laud
seems to have been aware of its historical interest, as he placed it
among the more precious documents in his keeping. When threatened with
impeachment by the Long Parliament, he thought it prudent to set his
papers in order; and on 18th December, 1640, he dispatched for that
purpose to his episcopal palace, his friend Dr. John Warner, Bishop of
Rochester.
There was indeed no time to lose; a few hours later, Laud was committed
to the custody of Black-Rod, and an official messenger was sent by the
House of Lords to seal up his papers. Bishop Warner had, however,
escaped with the Articles of the Barons before this messenger arrived;
he kept it till he died, and at his death it passed to one of his
executors named Lee, and from him to his son Colonel Lee, who presented
it to Gilbert Burnet, afterwards Bishop of Salisbury and author of the
famous _History of His Own Time_. When the Salisbury Magna Carta
disappeared, Burnet was suspected of appropriating it to his own uses.
The grounds which gave some apparent weight to the misrepresentations of
his political opponents were that special facilities had been granted to
him to search public records in the prosecution of his historical
labours, and that as matter of fact he actually had in his
possession—quite lawfully, as we now know—the Articles of the Barons,
which was confused by the carelessness of early historians with Magna
Carta itself. The calumny was so widely spread that Burnet thought it
necessary formally to refute it, explaining that he had received the
Articles as a gift from Colonel Lee. “So it is now in my hands, and it
came very fairly to me.”
Public-domain text, read in full here on John Shaqi.
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