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
Is it not possible that the so-called “unknown charter of Liberties”
(see _infra_ under Part V. and Appendix) was the very schedule
mentioned by Wendover? It was drawn up in the form of a charter, so as
to be ready for the immediate imprint of the seal they demanded.
-----
John’s answer, when he read these demands, was emphatic. “Why do not the
barons, with these unjust exactions, ask my kingdom?” Then furious, he
declared with an oath that he would never grant them such liberties,
whereby he would make himself a slave.[23]
-----
Footnote 23:
R. Wendover, III. 298.
-----
On 5th May the barons formally renounced allegiance[24] and chose as
commander, Robert Fitz-Walter, who styled himself piously and
grandiloquently, “Marshal of the army of God and Holy Church.”
-----
Footnote 24:
Blackstone, _Great Charter_, p. xiii., citing the _Annals of
Dunstable_ (p. 43), says they were absolved at Wallingford by a Canon
of Durham.
-----
The insurgents, still shivering on the brink of civil war, delayed to
march southwards. Much would depend on the attitude of London, with its
wealth and central position; and John bade high for the support of its
citizens. On 9th May a new charter[25] was granted to the Londoners, who
now received a long-coveted privilege, the right to elect their mayor
annually and to remove him at the year’s end. This marked the
culmination of a long series of progressive grants in their favour.
Previously the mayor had held office for life, and Henry Fitz-Aylwin,
the earliest holder of the office (appointed perhaps in 1191), had died
in 1213.
-----
Footnote 25:
The Charter appears _Rot. Chart._, p. 207. _Cf._ under chapter 13
_infra_, where the rights of the Londoners are discussed.
-----
Apparently no price was paid for this charter; but John doubtless
expected in return the grateful support of the Londoners, exactly as he
had expected the support of churchmen when he twice granted a charter in
their favour. In both instances he was disappointed. Next day he made,
probably as a measure of delay, an offer of arbitration to the barons.
In the full tide of military preparations, he issued a writ in these
words: "Know that we have conceded to our barons who are against us that
we shall not take or disseise them or their men, nor go against them
_per vim vel per arma_, unless by the law of our land, or by the
judgment of their peers _in curia nostra_, until consideration shall
have been made by four whom we shall choose on our part and four whom
they shall choose on their part, and the lord Pope who shall be oversman
over them"—words worthy of careful comparison with those used in chapter
39 of Magna Carta. The offer could not be taken seriously, since it left
the decision of every vital issue virtually to the Pope, whom the barons
distrusted.[26]
-----
Footnote 26:
The writ is given in _Rot. Pat._, 1. 141, and also in _New Rymer_, I.
128.
-----
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account