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
John, then, at Runnymede was merely waiting for two events which would
put him in a position to throw off the mask—the favourable answer he
confidently expected from the Pope, and the arrival of foreign troops.
Meanwhile, delay was doubly in his favour; since the combination formed
against him was certain, in a short time, to break up. It was, in the
happy phrase of Dr. Stubbs,[56] a mere “coalition,” not an "organic
union"—a coalition, too, in momentary danger of dissolving into its
original factors. The barons were without sufficient sinews of war to
carry a protracted struggle to a successful issue. Very soon, both sides
to the treaty of peace were preparing for war. The northern barons,
anticipating the King in direct breach of the compact, began to fortify
their castles. John, in equally bad faith, wrote for foreign allies,
whilst he anxiously awaited the Pope’s answer to his appeal.
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Footnote 56:
Stubbs, _Const. Hist._, II. 3.
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Langton and the bishops still struggled to restore harmony. The 16th
July was fixed for a new conference. John did not attend; but it was
probably at this Council that in his absence a papal bull was read
conferring upon a commission of three—the Bishop of Winchester, the
Abbot of Reading, and the legate Pandulf—full powers to excommunicate
all “disturbers of the King and Kingdom.” No names were mentioned, but
these powers might clearly be used against Langton and his friends. The
execution of this sentence was delayed, in the groundless hope of a
compromise, till the middle of September, when two of the commissioners,
Pandulf and Peter of Winchester, demanded that the Archbishop should
publish it; and, on his refusal, they forthwith, in terms of their papal
authority, suspended him from his office. Stephen left for Rome, and his
absence at a critical juncture proved a national misfortune. The
insurgents lost in him, not only their bond of union, but also a
wholesome restraint. His absence must be reckoned among the causes of
the royalist reaction soon to take place. After his departure, a papal
bull arrived (in the end of September) dated 24th August. This is an
important document in which Innocent, in the plainest terms, annuls and
abrogates the Charter, after adopting all the facts and reproducing all
the arguments furnished by the King. Beginning with a full description
of John’s wickedness and repentance, his surrender of England and
Ireland, his acceptance of the Cross, his quarrel with the barons; it
goes on to describe Magna Carta as the result of a conspiracy, and
concludes, “We utterly reprobate and condemn any agreement of this kind,
forbidding, under ban of our anathema, the aforesaid king to presume to
observe it, and the barons and their accomplices to exact its
performance, declaring void and entirely abolishing both the Charter
itself and the obligations and safeguards made, either for its
enforcement or in accordance with it, so that they shall have no
Public-domain text, read in full here on John Shaqi.
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