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 chief factor in the coalition which ultimately triumphed over John
was undoubtedly the baronial party led by those strenuous nobles of the
north, who were, beyond doubt, goaded into active opposition by their
own personal and class wrongs, not by any altruistic promptings to
sacrifice themselves for the common good. Their complaints, too, as they
appear reflected in the imperishable record of Magna Carta, are mainly
grounded on breaches of the technical rules of feudal usage, not upon
the broad basis of constitutional principle.
The feudal grievances most bitterly resented may be ranged under one or
other of two heads—increase in the weight of feudal obligations and
infringement, of feudal jurisdictions. The Crown, while it exacted from
its tenants the fullest measure of services legally exigible, interfered
persistently at the same time with those rights and privileges which had
originally balanced the obligations. The barons were compelled to give
more, while they received less.
With the first group of baronial grievances posterity can sympathize in
a whole-hearted way, since the increase of feudal obligations inflicted
undoubted hardships on the Crown tenants, while the redress of these
involved no real danger to constitutional progress. One and all of the
grievances included in this first group could be condemned (as they were
condemned by various chapters of Magna Carta) without unduly reducing
the efficiency of the monarchy which still formed under John, as it had
done under William I., the sole source of security against the dangers
of feudal anarchy. Posterity, however, cannot equally sympathize with
the efforts of the barons to redress their second class of wrongs.
However great may have been the immediate hardships inflicted on members
of the aristocracy by the suppression of their feudal courts, lovers of
constitutional progress can only rejoice that all efforts to restore
them failed. Those clauses of Magna Carta which aimed at reversing the
great currents flowing towards royal justice, and away from private
baronial justice, produced no permanent effect, and posterity has had
reason to rejoice in their failure.
Each group of feudal grievances—those connected with the increase of
feudal obligations, and those connected with the curtailment of feudal
immunities—requires special and detailed treatment.[62] To each class a
double interest attaches, since the resentment aroused by both formed so
vital an element in the spread of that spirit of determined resistance
to King John, which led to the winning of Magna Carta, and since,
further, an intimate knowledge of the exact nature of these grievances
throws a flood of light on many otherwise obscure clauses of the Great
Charter, and enables us to estimate how far the promised remedies were
ultimately carried into practice in later reigns.
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Footnote 62:
See _infra_ the two sections (II. and III.) immediately following.
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Public-domain text, read in full here on John Shaqi.
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