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 unnecessary here to examine the various rival theories professing
to explain the composition of the Anglo-Saxon Witenagemot, or to discuss
the exact connection between that venerable institution and the _Curia
Regis_ of the Norman kings. As a matter of fact, the early constitution
of the court of the Conqueror or of Rufus seems to have been monarchic
rather than aristocratic or democratic; that is to say, it depended to a
great extent on the personal will of the king, who might issue or
withhold writs of summons very much as he pleased. No evidence exists,
of date anterior to the Great Charter, of any magnate thrusting himself
unbidden into a royal council or forcing the king to issue a formal
invitation. On one occasion, indeed, the action of Henry II. in omitting
to issue a writ laid him open to unfavourable criticism. This was in
October, 1164, when a special council was summoned to Northampton to
pass judgment upon various questions at issue between the king and
Thomas à Becket. The primate was ordered to appear for judgment, but the
formal writ of summons, which every archbishop, as holder of a barony,
was wont to receive as matter of course, was deliberately withheld.
Apparently contemporary opinion condemned this omission.[501] It is safe
to infer, then, that as early as 1164, the method of issuing these writs
had become uniform, but this constitutional understanding was not
reduced to writing until embodied in Magna Carta. Thus it was in 1215
that the magnates of England formulated for the first time a distinct
claim to be present at the king’s councils; and even then the demand
only referred to assemblies summoned for one specific purpose.
Previously, attendance was reckoned not as a privilege, but merely as an
expensive burden, incident, like so many other burdens, to the
possession of land.[502]
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Footnote 501:
See Ramsay, _Angevin Empire_, p. 54, and authorities there cited.
Footnote 502:
See L. O. Pike, _House of Lords_, 92, "There is no trace of any desire
on the part of the barons to be summoned to the king’s great Council
as a privilege and an honour before the reign of John." Cf. also
_Report on the Dignity of a Peer_, I. 389.
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Public-domain text, read in full here on John Shaqi.
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