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 is perhaps worthy of note that while the charters of Henry I. and
Stephen spoke only of “holy church,” John speaks of the “English
church.” This change suggests a growth of patriotism among the
prelates, led by Stephen Langton.
Footnote 340:
Cf. _supra_, 117.
Footnote 341:
Cf. Pollock and Maitland, I. 74.
“Freedom of the church” had thus come in 1136 to include “benefit of
clergy” in a specially sweeping form, and much besides.[342] It is easy
to understand why churchmen cherished an elastic phrase which, wide as
were the privileges it already covered, might readily be stretched
wider. Laymen, on the contrary, contended for a more restrictive
meaning; and the Constitutions of Clarendon must be viewed primarily as
an attempt to arrive at definite conclusions on disputed points of
interpretation. Henry II. substantially held his ground, in spite of his
nominal surrender after Becket’s murder. Thanks to his firmness, "the
church’s freedom" shrank to more reasonable proportions, so that the
well-known formula, when repeated by John, was emptied of much of the
content found in it by Stephen’s bishops. If it still implied “benefit
of clergy” that phrase was now read in a more restricted sense, while
wardship over vacant sees was expressly reserved to the Crown by John.
Chapter 18 of Magna Carta accepted, apparently with the approval of all
classes, the principle that questions of church patronage (assizes of
darrein presentment)[343] should be settled before the King’s Justices,
a concession to the civil power inconsistent with the more extreme
interpretations formerly put by churchmen on the phrase.[344]
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Footnote 342:
Cf. _supra_, 120–1.
Footnote 343:
For explanation see _infra_, c. 18.
Footnote 344:
On the other hand c. 22, which lays down special rules for the
amercement of beneficed clerks, to that extent confirmed class
privileges of the clergy.
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In later reigns the pretensions of the church to privileged treatment
were gradually reduced to narrow bounds, and the process of compression
was facilitated by that very elasticity on which the clergy had relied
as being favourable to the expansion of their claims. It was the civil
government which benefited in the end from the vagueness of the words in
which Magna Carta declared _quod Anglicana ecclesia libera sit_.[345]
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Footnote 345:
Public-domain text, read in full here on John Shaqi.
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