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
Such then was the London whose privileges were confirmed by Magna
Carta—a city which had slowly grown to greatness, obtaining after many
struggles a complete municipal constitution in the form of a commune
with annually elected mayor and council, as well as sheriffs of its own
appointment, who excluded the Crown’s financial officers not only from
the district within its walls but from the whole of Middlesex. The Great
Charter, avoiding details, confined itself to a general confirmation to
the men of London of their ancient “liberties and free customs,” two
words[492] whose vagueness ought in this connection to receive a liberal
interpretation.[493]
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Footnote 492:
Both words are discussed _infra_, c. 39.
Footnote 493:
The Charter mentions neither mayor nor commune, but probably by
implication confirmed both. Prof. G. B. Adams finds such confirmation,
not in c. 13, but in c. 12 (by its application of the word _auxilium_
to London); and maintains that with the omission of this word from
subsequent charters "London’s legal right to a commune fell to the
ground." _Engl. Hist. Rev._, XIX. 706.
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London, in this respect, was not to stand alone; a similar concession
was explicitly made in favour of all other cities, boroughs, towns, and
sea-ports. This was a mere confirmation, however, not to be read as
conferring new privileges or exemptions, each borough being left to
prove its own customs as best it might. In the reissues of Henry, the
distinction of being mentioned by name was shared by these “barons of
London,” with “the barons of the Cinque ports,” who from their wealth,
their situation, and their fleet, were allies well worth conciliating.
They played, indeed, a prominent part in the decisive naval victory
gained by Hubert de Burgh on 24th August, 1217.[494]
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Footnote 494:
See _supra_, p. 170.
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Other portions of John’s Great Charter which specially affected the
Londoners were the last clause of chapter 12, and chapters 33 and 41;
while many of the privileges granted or confirmed in other chapters were
shared by them. The Mayor of London, it should be added, was one of the
executive committee of twenty-five, entrusted with wide powers to
enforce the provisions of the Charter.[495]
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Footnote 495:
See _infra_, c. 61.
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Public-domain text, read in full here on John Shaqi.
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