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
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Footnote 332:
Dr. Stubbs, _Const. Hist._, I. 582, gives the motive of thus naming
them as “the hope of binding the persons whom it includes to the
continued support of the hard-won liberties.” Those named were all
moderate men. M. Paris (_Chron. Maj._ II., 589) describes them as
“_quasi ex parte regis_,” while Ralph of Coggeshall (p. 172) narrates
how “by the intervention of the Archbishop of Canterbury, with a few
of his bishops and some barons, a kind of peace was made.” Cf. _Annals
of Dunstable_, III. 43. The neutrality of the prelates is proved by
other evidence. (_a_) C. 62 gave them authority to certify by letters
testimonial the correctness of copies of the Charter. (_b_) The 25th
of the Articles of the Barons left to their decision whether John
should enjoy a crusader’s privileges; while c. 55 gave Langton a
special place in determining what fines were unjust. (_c_) The Tower
of London was placed in the custody of the archbishop as a neutral man
whom both sides could trust. (_d_) Copies are preserved of two
protests on different subjects by the prelates in favour of the king.
See Appendix.
Footnote 333:
Cf. _supra_, 43–4, and for biographical information see authorities
there cited.
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III. _The Reasons of the Grant._ The preamble contains also a statement
of what purport to be John’s reasons for conceding the Charter. These
are quaintly paraphrased by Coke:[334] "Here be four notable causes of
the making of this great charter rehearsed. 1. The honour of God. 2. For
the health of the King’s soul. 3. For the exaltation of holy church, and
fourthly, for the amendment of the Kingdom." The real reason must be
sought in another direction, namely, in the army of the rebels; and John
in after days did not scruple to plead consent given under threat of
violence, as a reason for voiding his grant. The technical legal
“consideration,” the _quid pro quo_ which John received as the price of
this confirmation of their liberties was the renewal by his opponents of
the homage and fealty which they had solemnly renounced. This
“consideration” was not stated in the charter, but the fact was known to
all.[335]
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Footnote 334:
_Second Institute_, 1, n.
Footnote 335:
Cf. _supra_, 41.
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CHAPTER ONE.
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