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
The provisions referred to were, as is now well known, chapters 47, 48,
and 53 of Magna Carta itself, and not, as Roger of Wendover states, a
separate Forest Charter.[53] That writer was led into this unfortunate
error by confusing the charter granted by King John with its re-issue by
his son in 1217, when provisions for the reform of the forest law _were_
framed into a separate supplementary charter. From Roger’s time onwards,
the charters of Henry III. were reproduced in all texts and treatises,
in place of the real charter actually granted by John. Sir William
Blackstone was the first commentator to discover this grievous error,
and he clearly emphasized the grave differences between the terms
granted by John and those of his son, showing in particular that the
former king granted no separate Forest Charter at all.[54]
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Footnote 53:
See R. Wendover, III. 302-318.
Footnote 54:
_Great Charter_, p. xxi.
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Before the conferences at Runnymede came to an end, confidence in the
good intentions of the twenty-five Executors, drawn it must be
remembered entirely from the section of the baronage most extreme in
their views and most unfriendly to John, seems to have been completely
lost. If we may believe Matthew Paris,[55] a second body or committee of
thirty-eight barons was nominated, representing other and more moderate
sections of the baronage, to act as a check on the otherwise
all-powerful oligarchy of twenty-five despots. If this second committee
was ever really appointed, no details have been preserved as to the date
of its selection, or as to the exact powers entrusted to it.
-----
Footnote 55:
_Chron. Maj._, II. 605-6.
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If the rebel leaders expected to arrive at a permanent settlement of
their disputes when they came to meet the King on the morning of the
15th day of June, it must have been evident to all before the 23rd, that
John only made the bargain in order to gain time and strength to break
it. Three weeks, indeed, before John granted Magna Carta, he had begun
his preparations for its repudiation. In a letter of 29th May, addressed
to the Pope, there may still be read his own explanation of the causes
of quarrel, and how he urged, with the low cunning peculiar to him, that
the hostility of the rebels prevented the fulfilment of his vow of
crusade. In conclusion, he expressed his willingness to abide by the
Pope’s decision on all matters at issue.
Public-domain text, read in full here on John Shaqi.
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