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
Even after the settlement arrived at on Friday, some minor points of
dispute remained. The barons refused to be satisfied without substantial
security that the reforms and restorations agreed on would be carried
out by the King; they demanded that both the city of London and the
Tower of London should be left completely under their control as pledges
of John’s good faith, until 15th August, or longer, if the reforms had
not then been completed. John obtained a slight modification of these
demands; he surrendered the city of London to his opponents, as they
asked; but placed the Tower in the neutral custody of the Archbishop of
Canterbury. These conditions were embodied in a supplementary treaty,
which describes itself as _Conventio facta inter Regem Angliae et
barones ejusdem regni_.[50] If the barons distrusted John, he was
equally distrustful of them, demanding the security they had promised
for fulfilment of their part of the original compact. He now asked a
formal charter in his favour that they would observe the peace and their
oaths of homage, which they point-blank refused to grant. The King
appealed to the prelates without effect. The archbishops, with several
suffragans, however, put a formal protest on record of the barons’
promise and subsequent refusal to keep it.[51]
-----
Footnote 50:
_New Rymer_, I. 133. See Appendix. It is undated, but must be later
than the letters to sheriffs concerning election of twelve knights, to
which it alludes.
Footnote 51:
_Rot. Pat._, p. 181. As we have to depend for our knowledge of this
important protest on one copy, engrossed on the back of a membrane of
an official roll (No. 18 of John’s 17th year), it is possible to doubt
its genuineness; but it is unlikely to be purely a forgery.
-----
The two archbishops and their brother prelates entered a second protest
of a different nature. They seem to have become alarmed by the drastic
measures adopted or likely to be adopted, founded on the verdicts of the
twelve knights elected in each county to carry into effect the various
clauses of the Great Charter directed against abuses of the Forest laws.
Apparently, it was feared that reforms of a sweeping nature would
result, and practically abolish the royal forests altogether.
Accordingly, they placed their protest formally on record—acting
undoubtedly in the interests of the Crown, feeling that as mediators
they were bound in some measure to see fairplay. They objected to a
strained construction of the words of the Charter, holding that the
articles in question ought to be understood as limited; all customs
necessary for the preservation of the forests should remain in
force.[52]
-----
Footnote 52:
See _Rot. Pat._ and _New Rymer_, I. 134.
-----
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.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account