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
Miss Norgate, _John Lackland_, p. 234, acquiesces in the view
generally received, fixing Monday as the day on which the final
concord was arrived at, but she relies for evidence on a more than
doubtful interpretation of what is undoubtedly an error in the copy of
a writ by King John appearing on the _Patent Rolls_. This writ, which
as copied in the _Rolls_ bears to be dated 18th June (erroneously as
will immediately be shown), is addressed to Stephen Harengod (in terms
closely resembling those of the writ already cited from the _Close
Rolls_ addressed to William of Cantilupe), announcing _inter alia_
that terms of peace had been agreed upon “last Friday.” Miss Norgate
contends with reason that there must be a mistake somewhere, since on
the Friday preceding the 18th, negotiations had not even begun. She is
confident that "the ‘die Veneris’ which occurs three times in the writ
is in each case an unquestionable, though unaccountable, error for
‘die Lunae.’" Yet, it is unlikely that a scribe writing three days
after so momentous an event could have mistaken the day of the week.
It is infinitely more probable that in writing xxiij. he formed the
second “x” so carelessly that it was mistaken by the enrolling clerk
for a “v.” The correct date is thus the 23rd, and the reference is to
Friday the 19th. This presumption becomes a certainty by comparison
with the words of the writ to William of Cantilupe, dated the 21st (of
the existence of which Miss Norgate was probably not aware).
A comparison between the two documents shows few changes of importance
in the tenor.[45]
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Footnote 45:
Blackstone, _Great Charter_, xviii., has given a careful analysis of
the points of difference.
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The one outstanding addition is the insertion, in an emphatic form, both
at the beginning and at the end of the Charter, of a general declaration
in favour of the freedom and rights of the Church. The inference seems
to be that a new influence was brought to bear, between the preparation
of the draft and that of the Charter. It was the Archbishop of
Canterbury and his friends who thus converted the original baronial
manifesto into something more nearly resembling a declaration of rights
for the nation at large. One or two minor alterations seem slightly to
benefit the Crown,[46] while several others, rightly viewed, suggest an
influence at work unfavourable to the towns and trading classes.[47]
-----
Footnote 46:
_E.g._ chapters 48 and 52. For alterations directed against the
trading classes, see chapters 12, 13, 35, and 41 _infra_.
Footnote 47:
Public-domain text, read in full here on John Shaqi.
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