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
Likely enough, it followed closely the words of the baronial Schedule;
but it may have contained some slight modifications in favour of the
Crown. One such, at least, was inserted, apparently as an afterthought
(on the intervention of the King perhaps, or one of his friends);
articles 45 and 46, as originally conceived, have been subsequently
connected by a rude bracket, and a qualifying proviso added which
practically bestowed on the Archbishop the powers of an arbitrator to
determine whether both articles should be altered in favour of the Crown
or no.[37] The entire document is in a running hand, and appears to have
been rapidly though carefully written. Its engrossment upon parchment
with a quill pen must have occupied several hours; but a diligent
copyist would not find it beyond his powers to complete the task in one
day.
-----
Footnote 37:
Cf. Blackstone, _Great Charter_, xvii.: "subjoined in a more hasty
hand, ... as if added at the instance of the King’s commissioners upon
more mature deliberation."
-----
Tuesday, Wednesday and Thursday were consumed in further negotiations as
to matters of detail; in reducing the heads of agreement already
accepted to the more binding form of a feudal charter; and in engrossing
several copies for greater security. Everything was, however, ready for
a final settlement on Friday the 19th. At the conference held on that
day the conclusion of the final concord probably included several steps;
among others, the nomination by the opposition, with the King’s tacit
acquiescence, of twenty-five barons to act as Executors under chapter
61,[38] the solemn sealing and delivery of several original copies of
the Great Charter in its final form, the taking of an oath by all
parties to abide by its provisions, and the issue of the first batch of
writs of instructions to the sheriffs.
-----
Footnote 38:
See _infra_ under that chapter.
-----
Blackstone[39] thinks that the barons on that day renewed their oaths of
fealty and homage. It is more probable that, until John had actually
carried out the more pressing reforms promised in Magna Carta, they
refused formally to swear allegiance, undertaking, however, in the
hearing of the two archbishops and other prelates, that they would keep
the peace and furnish security to that effect in any form that John
might name, except only by delivery of their castles or of hostages.[40]
-----
Footnote 39:
_Great Charter_, p. xxiv.
Footnote 40:
See Protest of Archbishops _infra_, p. 52.
-----
The statement that Friday, 19th June, was the day on which peace was
finally concluded rests on unmistakable evidence. On 21st June, John
wrote from Windsor to William of Cantilupe, one of his captains,
instructing him not to enforce payment of any unpaid balances of
“tenseries”[41] demanded since the preceding Friday, “on which day peace
was made between the King and his barons.”[42]
-----
Footnote 41:
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