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
II. _Composition of the Council._ It is clear that the meetings
contemplated were purely baronial assemblies since none but Crown
tenants were invited to attend; while individual notice under the king’s
seal was given only to the more important magnates among them. The
Common Council of the Charter was thus an assembly of military Crown
tenants, and “the common consent of my kingdom” in John’s mouth was
synonymous with “the consent of my barons.”[500]
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Footnote 500:
This is illustrated by a comparison of the words used in the text with
the phrases in which Henry and his sons expressed “the common consent”
to important ordinances and charters: _e.g._ (_a_) the Assize of
Clarendon in 1166 (_Select Charters_, 143) bears to have been ordained
by Henry II. “_de consilio omnium baronum suorum_”; (_b_) John’s
Charter surrendering his kingdom to Innocent in 1213 declares that he
acted “_communi consilio baronum nostrorum_” (_Select Charters_, 285);
(_c_) Matthew Paris makes Earl Richard complain to his brother Henry
III. in 1255 that the Apulian business had been entered on “_sine
consilio suo et assensu barnagii_” (_Chron. Maj._ V. 520).
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The king’s Council had by this time freed itself from any complicated
theories as to its own composition, which may ever have hampered it. It
was now extremely homogeneous; a feudal muster of Crown vassals. Some
historians, indeed, in their anxiety to find distinguished pedigrees for
their democratic ideals, have traced the origins of the leading features
of the modern Parliament back to the Anglo-Saxon era; but such attempts
are hurtful to the best interests of history, while they do not in the
least advance the cause of popular liberties.
Public-domain text, read in full here on John Shaqi.
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