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
Thus Henry I. and Stephen each laid stress on the strong points of his
title and ignored its defects. These two claims of kingship express, in
a crude form, two rival theories of the title to the English Crown—(1)
hereditary succession, and (2) election. Neither of these is an accurate
reflection of the full theory and practice of the twelfth century, which
blended both principles in proportions not easy to define with accuracy.
Professor Freeman has pushed to excess the supposed right of the
Witenagemot to elect the king, and has transferred wholesale to the
Norman _Curia_ (which, in some respects, took its place) all the powers
enjoyed by its forerunner. A recent German writer, Dr. Oskar
Rössler,[331] has gone equally far in the opposite direction, flatly
denying that the Normans ever admitted the elective element at all. The
theory now usually held is a mean between these extremes, namely that
the Norman _Curia_ (or the chief magnates who usually composed it) had a
limited right of selecting among the sons, brothers, or near relations
of the last king, the individual best suited to succeed him. Such a
right, never authoritatively enunciated, gradually sank to an empty
formality. Its place was taken, to some extent, by the successful
assertion by the spiritual power (usually represented by the archbishop
of Canterbury), of a claim to give or withhold the consecrating oil
which accompanied the church’s blessing. Without this no _dominus_ could
be recognized as _rex_. On this theory the descriptions of their own
titles given by Henry I. and Stephen were alike incomplete: each ignored
the facts which did not suit him. John, on the contrary, secure in
possession, condescends on no particulars, but contents himself with the
terse assertion of the fact of his kingship: “_Johannes, dei gratia, Rex
Anglie_.”
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Footnote 331:
_Matilde_, _passim_.
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II. _The Names of the Consenting Nobles._ It was natural that the
Charter should place formally on record the assent of those counsellors
who attended John when he made terms with his enemies, of those magnates
who remained in at least nominal allegiance, and were therefore capable
of acting as the mediators by whose good offices peace was for a time
restored.[332] The leading men in England during this crisis may be
arranged in three groups: (1) the leaders of the great host openly
opposed to John at Runnymede; (2) the agents of John’s oppressions,
extreme men, mostly aliens, many of whom were in command of royal
castles or of mercenary levies ready to take the field; and (3) moderate
men, mostly churchmen or John’s ministers or relations, who, whatever
their sympathies might be, remained in allegiance to the king and helped
to arrange terms of peace—a comparatively small band, as the paucity of
names recited in Magna Carta testifies.[333] The men, here made
consenters to John’s grant of Magna Carta, are again referred to, though
not by name, in chapter 63, in the character of witnesses.
Public-domain text, read in full here on John Shaqi.
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