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
His line of argument is worthy of especial note. The King, he urged,
must not levy war on his subjects before he had obtained a legal
judgment against them. The substance of this advice should be compared
with the terms of chapter 39 of Magna Carta. John resented the
interference of Stephen in lay matters, and continued his march to
Nottingham; but threats of fresh excommunications caused him at length
to consent to substitute legal process for violence, and to appoint a
day for the trial of the defaulters before the _Curia Regis_—a trial
which never took place.[15]
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Footnote 15:
R. Wendover, III. 262-3.
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John apparently continued his journey as far north as Durham, but
returned to meet the new papal legate Nicholas, to whom he performed the
promised homage and repeated the formal act of surrender in St. Paul’s
on 3rd October.[16] Having thus completed his alliance with the Pope, he
was confident of worsting his enemies in France and England. As most, if
not all, of the great magnates were against him, he saw that it would be
well to strengthen his position by support of the class beneath them in
the feudal scheme of society. Perhaps it was this that led John to
broaden the basis of the national assembly. The great Council which met
at Oxford on 15th November, 1213, was made notable by the presence, in
addition to the Crown tenants, of representatives of the various
counties. The sheriffs, in the words of the King’s writs, were to cause
to assemble all knights already summoned (that is, the Crown tenants)
and four discreet men of each county “_ad loquendum nobiscum de negotiis
regni nostri_.” Miss Norgate[17] lays stress on the fact that these
writs were issued after the death of the great Justiciar Geoffrey
Fitz-Peter, and before any successor had been appointed. John, she
argues, acted on his own initiative, and is thus entitled to the credit
of being the first statesman to introduce representatives of the
counties into the national assembly. The importance of this precedent
need not be obscured by the selfish nature of the motives to which it
was due. Knights who were tenants of mesne lords (Miss Norgate says
“yeomen”) were invited to act as a counterpoise to the barons. This
innovation anticipated the line of progress afterwards followed by de
Montfort and Edward I. Compared with it, the often-praised provisions of
chapter 14 of Magna Carta must be regarded as antiquated and even
reactionary.
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Footnote 16:
The charter recording this act may be read in _New Rymer_, I. 115. It
was sealed not in perishable wax, but in solid gold.
Footnote 17:
_John Lackland_, 195.
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Public-domain text, read in full here on John Shaqi.
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