Magna Carta: A Commentary on the Great Charter of King John: With an Historical Introduction — John Shaqi
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
In the early spring of 1214, John considered his home troubles ended,
and that he was now free to use against France the coalition formed by
his diplomacy. He went abroad early in February, leaving Peter des
Roches, the unpopular Bishop of Winchester, to keep the peace as
Justiciar, and to guard his interests, in concert with the papal legate.
Although deserted by the northern barons, John relied partly on his
mercenaries, but chiefly on the Emperor Otto and his other powerful
allies. Fortune, always fickle, favoured him at first, only to ruin all
his schemes more completely in the end. The crash came on Sunday, 27th
July, 1214, when the King of France triumphed over the allies at the
decisive battle of Bouvines. Three months later, John was compelled to
sign a five years’ truce with Philip, abandoning all pretensions to
recover his continental dominions.
He had left enemies at home more dangerous than those who conquered him
at Bouvines—enemies who had been watching with trembling eagerness the
vicissitudes of his fortunes abroad. His earlier successes struck dismay
into the malcontents in England, apprehensive of the probable sequel to
his triumphant return home. They waited with anxiety, but not in
idleness, the culmination of his campaign, wisely refraining from open
rebellion until news reached them of his failure or success. Meanwhile,
they quietly organized their programme of reform and their measures of
resistance. John’s strenuous endeavours to exact money and service,
while failing to fill his Exchequer as he hoped, had ripened dormant
hostility into an active confederacy organized for resistance. When
England learned the result of the battle, the barons felt that the
moment for action had arrived.
Even while abroad, John had not relaxed his efforts to wring exactions
from England. Without consent or warning, he had imposed a scutage at
the unprecedented rate of three marks on the knight’s fee. Writs for its
collection had been issued on 26th May, 1214, an exception being indeed
allowed for tenants personally present in the King’s army in Poitou. The
northern barons, who had already refused to serve in person, now refused
likewise to pay the scutage. This repudiation was couched in words
particularly bold and sweeping; they denied liability to follow the King
not merely to Poitou, but to any part of the Continent.[18]
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Footnote 18:
See W. Coventry, II. 217, _dicentes se propter terras quas in Anglia
tenent non debere regem extra regnum sequi nec ipsum euntem scutagio
juvare_. The legality of this contention is discussed _infra_, pp.
83-6.
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Public-domain text, read in full here on John Shaqi.
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