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 progressive party consisted mainly of the heads of the more recently
created baronial houses, men trained in the administrative methods of
Henry II., who desired merely that the system of government they knew
should be properly enforced and carried out to its logical conclusions.
They demanded chiefly that the King should conduct the business of the
Exchequer and Curia according to the rules laid down by Henry II.
Routine and order under the new system were what this party desired, and
not a return to the unruly days of Stephen. Many of the innovations of
the great Angevin had now been loyally and finally accepted by all
classes of the nation; and these accordingly found a permanent
resting-place in the provisions of the Great Charter. In temporary
co-operation with this party, the usually rival party of reaction was
willing to act for the moment against the common enemy. There still
existed in John’s reign magnates of the old feudal school, who hoped to
wrest from the weakened hand of the King some measure of feudal
independence. They had indeed accepted such reforms as suited them, but
still bitterly opposed many others. In particular, they resisted the
encroachments of the royal courts of law which were gradually
superseding their private jurisdictions. For the moment, John’s crafty
policy, so well devised to gain immediate ends, and so unwise in the
light of subsequent history, combined these two streams, usually ready
to thwart each other, into a united opposition to his throne. Attacked
at the same moment by the votaries of traditional usage and by the
votaries of reform, by the barons, the trading classes, and the clergy,
no course was left him but to surrender at discretion. The movement
which culminated at Runnymede may thus best be understood as the
resultant of a number of different but converging forces, some of which
were progressive and some reactionary.
II. The Crown and Feudal Obligations.
Among the many evils calling loudly for redress in England at the
commencement of the thirteenth century, none spoke with more insistent
voice than those connected with feudal abuses. The objection of the
northern barons to pay the scutage demanded on 26th May, 1214, was the
spark that fired the mine. The most prominent feature of the Charter is
the solicitude everywhere displayed to define the exact extent of feudal
services and dues, and to prevent these from being arbitrarily
increased. A somewhat detailed knowledge of feudalism and feudal
obligations forms a necessary preliminary to any exact study of Magna
Carta.
Public-domain text, read in full here on John Shaqi.
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