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
In brief, then, Henry’s policy was twofold: to convert the County Courts
practically into Royal Courts, since in them royal officials now
dispensed royal justice according to the same rules as prevailed at the
King’s own _Curia_; and to reduce all manorial or private courts to
insignificance by diverting pleas to his own _Curia_, and leaving the
rival tribunals to die gradually from inanition. Both branches of this
policy met ultimately with complete success, although the event hung in
the balance until long after his death. The barons, though partially
deceived by the gradual and insidious nature of Henry’s reforms, did
what they could to thwart him; but the current of events was against
them and with the Crown. Royal justice steadily encroached upon feudal
justice. One of the last stands made by the barons has left its traces
plainly written in several chapters of Magna Carta.[151]
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Footnote 151:
_E.g._ 34 and 39.
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These contain what seem, at first sight, to be merely trivial
alterations of technical points of court procedure; but inextricably
bound up with them are principles of wide political and constitutional
importance. Henry’s policy was to disguise radical reforms until they
looked like small changes of procedure; it follows that the framers of
Magna Carta, while appearing merely to seek the reversal of these
trivial points, were really seeking to return to the totally different
conditions which had prevailed prior to the reforms of Henry.
A short account of the main outlines of that monarch’s new system of
procedure forms a necessary preliminary to a complete comprehension of
these important chapters of Magna Carta. Such an account falls naturally
into two divisions.
(1) _Criminal Justice._ (_a_) By his Assizes of Clarendon and
Northampton Henry strictly reserved all important crimes for the
exclusive consideration of his own judges either on circuit or at his
court; and he demanded entry for these judges into franchises, however
powerful, for that purpose. In this part of his policy, the King was
completely successful; heinous crimes were, in the beginning of the
thirteenth century, admitted on all hands to be “pleas of the Crown”
(that is, cases exclusively reserved for the royal jurisdiction); and
Magna Carta made no attempt to reverse this part of the Crown’s policy.
The change was accepted as inevitable. All that was attempted in 1215
was to obtain a promise that these functions, now surrendered to the
Crown forever, should be discharged by the Crown’s officials in a proper
manner.[152]
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Footnote 152:
See _infra_, under chapters 24 and 45.
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Public-domain text, read in full here on John Shaqi.
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