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
validity at any time whatsoever.”[57]
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Footnote 57:
The original bull with the seal of Innocent still attached is
preserved in the British Museum (Cotton, Cleopatra E 1), and is
carefully printed by Bémont, _Chartes des Libertés Anglaises_, p. 41.
It may also be read _inter alia_ in Rymer and in Blackstone.
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A supplementary bull, of one day’s later date, reminded the barons that
the suzerainty of England belonged to Rome, and that therefore nothing
could be done in the kingdom without papal consent.[58] Thereafter, at a
Lateran Council, Innocent formally excommunicated the English barons who
had persecuted “John, King of England, crusader and vassal of the Church
of Rome, by endeavouring to take from him his kingdom, a fief of the
Holy See.”[59]
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Footnote 58:
The text is given by Rymer.
Footnote 59:
See Rymer, and Bémont, _Chartes_, xxv.
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Meanwhile, the points in dispute had been submitted to the rude
arbitrament of civil war, in which the first notable success fell to
King John in the capture, by assault, of Rochester Castle on 30th
November. The barons had already made overtures to Louis, the French
King’s son, to whom they promised as a reward for his help, yet not
perhaps with entire sincerity, the crown of England. Towards the end of
November, some seven thousand French troops arrived in London, where
they spent the winter—a winter consumed by John in marching from place
to place meeting, on the whole, with success, especially in the east of
England. John’s best ally was the Pope, who had no intention of allowing
a French Prince to usurp the throne of one who was now his humble
vassal. Gualo was dispatched from Rome to Philip, King of France,
forbidding his son’s invasion, and asking rather protection and
assistance for John as a papal vassal. Philip, anxious to meet the force
of the Pope’s arguments with some title to intervene, of more weight
than the invitation of a group of rebels, replied by an ingenious string
of fictions. He endeavoured to find defects in John’s title as King of
England, and to argue that therefore John was not _in titulo_ to grant
to the Pope the rights of an overlord. Among other arguments it was
urged that John had been convicted of treason while Richard was King,
and that this sentence involved forfeiture by the traitor of all rights
of succession to the Crown. Thus the Pope’s claim of intervention was
invalid, while Prince Louis justified his own interference by some
imagined right which he ingeniously argued had passed to him through the
mother of his wife.
Public-domain text, read in full here on John Shaqi.
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