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
Mr. Hall describes the method of procedure adopted by the compiler of
this supposed forgery. Placing in front of him copies of Henry I.’s
Charter of Liberties and of Henry III.’s charters issued in 1216-17, he
proceeded to select from these sources whatever suited his purpose, and
thereafter “either by design or carelessness, or ignorance of English
forms, he altered the wording of both his originals so as to produce the
effect of a paraphrase interspersed with archaisms.” This extremely
ingenious theory is not entirely convincing. Not to insist on the number
of unproved inferences on which it is based, it seems to have one grave
defect—it ignores the absurdity of attempting to obtain credence for
such a clumsy composition, especially when it was well known that John
had never granted a coronation charter at all. Even if a skilful forger
could have utilized the document as the basis for a completed charter,
this would still have required the impress of John’s great seal to give
it validity. Such an imposture could not be seriously intended to impose
on any one.
A fourth theory may be suggested very tentatively, namely, that the
document in question is a copy of the actual schedule drawn up by the
barons previous to 27th April, 1215. That such a schedule existed we
know from the express declaration of Roger of Wendover,[309] who informs
us that it was sent to the King with the demand that his seal should be
forthwith placed to it, under threat of civil war. From this, it is safe
to infer that the schedule, as it left the barons’ hands, was ready for
execution; but lack of experience in drawing up Crown charters would
prevent them from producing an entirely regular instrument. They would
assuredly take as their model the charter of Henry I., which had helped
to give definiteness of aim to all their efforts. It would be necessary,
however, to bring this up to date, by additions which we might _a
priori_ expect to resemble the provisions afterwards adopted with more
elaboration in the agreement made at Runnymede. This schedule, then,
rapidly thrown together, would be likely to contain many of the
characteristics actually discovered by Mr. Hall in the document under
discussion. Such an identification of the “unknown Charter of Liberties”
with the schedule of 27th April, 1215, would explain all the features
emphasized by Mr. Hall—the archaisms, the erroneous style, and the
employment, first of the third person singular, and then of the first
person singular, instead of using throughout the first person plural
invariably used by John. It would also explain why the first half of the
parchment on which the “unknown charter” is written, contains a copy of
Henry I.’s charter, and why the two possess so many features in common.
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Footnote 309:
R. Wendover, III. 298, and _cf. supra_, p. 40.
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Public-domain text, read in full here on John Shaqi.
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