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
It would clearly be inadvisable to found any conclusions upon the terms
of a document, the nature and authenticity of which form the subject of
so many rival theories; but even if further investigation proves it to
be a forgery, a forgery of contemporary date may throw light on
otherwise obscure passages in genuine charters. One or two instances of
this will be found in the sequel.
II. Previous Editions and Commentaries.
Every general history of England and almost every book which has ever
appeared on English law has had something to say by way of commentary on
Magna Carta. It is perhaps for this very reason that exceedingly few
treatises have been devoted exclusively to its elucidation. While
edition after edition of the text of the Charter, or of its re-issues,
have appeared, few of these have been accompanied by explanations
however brief. The paucity of attempts to explain the meaning of the
Charter is almost more remarkable than the frequency with which the text
has been reproduced. Magna Carta is a document often printed, but seldom
explained.
I. _Printed Editions of the Text of Magna Carta._ Previous to 1759 even
the best informed writers on English history laboured under much
confusion in regard to the various charters of liberties. Few of them
seem to have been aware that fundamental differences existed between the
original charter granted by John and the re-issues of Henry III. Much of
the blame for this confusion must be borne by Roger of Wendover, who, in
his account of the transactions at Runnymede, incorporated, in place of
John’s Charter, the text of the two charters granted by Henry.[310]
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Footnote 310:
R. Wendover, III. 302-318.
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The early historians were content to rely either on this version or on
that contained in the _Inspeximus_ of Edward I. Thus, in all early
printed collections of statutes, the text which professes to represent
the original Charter follows in reality the words of Henry’s third
re-issue. The very earliest printed edition of Magna Carta seems to have
been that published on 9th October, 1499, by Richard Pynson, the King’s
printer,[311] and a contemporary of Wynkyn de Worde. This was not, of
course, John’s Charter, but followed Edward’s _Inspeximus_ of Henry’s
Charter of 1225.
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Footnote 311:
This date is given by Bémont, _Chartes_, lxxi., but Robert Watt in his
_Bibliotheca Britannica_, Thomson, _Magna Charta_, 450, and Lowndes,
_Bibliographer’s Manual_, 1449, all give the date of the earliest
edition as 1514. Bémont, lxxi., and Thomson, 450–460, Watt, and
Lowndes furnish details of the various editions of Pynson, Redman,
Berthelet, Tottel, Marshe, and Wight, from 1499 to 1618. All of these
are now superseded by the _Statutes of the Realm_, published by the
Record Commission in 1810.
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