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_, 233, takes a different view, holding
that the influence of Stephen Langton dates from an earlier period.
The original articles “are obviously not the composition of the barons
mustered under Robert Fitz-Walter,” who could never have risen to “the
lofty conception embodied in the Charter—the conception of a contract
between King and people which should secure equal rights to every
class and every individual in the nation.” The correctness of this
estimate is discussed _infra_.
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In addition to the various originals of the Charter issued under the
great seal, chapter 62 provides that authenticated copies should be made
and certified as correct by “Letters Testimonial,” under the seals of
the two archbishops with the legate and the bishops. This was done, but
the exact date of their issue is unknown.[48]
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Footnote 48:
No specimen of these Letters Testimonial is known to exist, but a copy
is preserved on folio 234 of the _Red Book of the Exchequer_. See
Appendix.
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The same Friday which thus saw the completion of negotiations saw also
the issue of the first batch of letters of instructions to the various
sheriffs, telling them that a firm peace had been concluded, by God’s
grace, between John and the barons and freemen of the kingdom, as they
might hear and see by the Charter which had been made, and which was to
be published throughout the district, and firmly observed. Each sheriff
was further commanded to cause all in his bailiwick to make oath
according to the form of the Charter to the twenty-five barons or their
attorneys, and further, to see to the appointment of twelve knights of
the county in full County Court, in order that they might declare upon
oath all evil customs requiring to be reformed, as well of sheriffs as
of their servants, foresters, and others.[49] This was held to apply
chiefly to the redress of forest grievances.
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Footnote 49:
See _Rot. Pat._, I. 180, and _Select Charters_, 306–7.
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Apparently, four days elapsed before similar letters, accompanied by
copies of the Charter, could be sent to every sheriff. During the same
few days, several writs (some of which have already been mentioned) were
dispatched to military commanders with orders to stop hostilities. A few
writs, dated mostly 25th June, show that some obnoxious sheriffs had
been removed to make way for better men. Hubert de Burgh, a moderate
though loyal adherent, and a man generally respected, was appointed
Justiciar in room of the hated Peter des Roches. On 27th June, another
writ directed the sheriffs and the elected knights to punish, by
forfeiture of lands and chattels, all those who refused to swear to the
twenty-five Executors within a fortnight. All these various instructions
may be regarded as forming part of the settlement of the 19th of June,
and were dispatched with the greatest rapidity possible.
Public-domain text, read in full here on John Shaqi.
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