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
Can we wonder that the barons objected to be amerced and judged by their
inferiors?[157] Can we wonder that they resented the complete though
gradual supersession of their own profitable jurisdictions by the royal
courts?[158] or that they looked with suspicion on every new legal
development of the royal justice? Can we wonder that, when they seemed
to have King John for the moment in their power, they demanded redress
of this group of grievances, as well as of those connected with
arbitrary increase of feudal burdens?
-----
Footnote 157:
See _infra_, under chapters 21 and 39.
Footnote 158:
See _infra_, under chapter 34.
-----
The cause for wonder rather is that their demands in this respect were
not more sweeping and more drastic. It was one thing for their fathers
to have endured the encroachments of so strong a King as Henry II.—far
too wise a statesman to show clearly whither his innovations were
ultimately tending, and (some lapses notwithstanding) a just ruler on
the whole, using his increased prerogatives with moderation and for
national ends. It was quite another thing to endure the same
encroachments (or worse) from an unpopular King like John, discredited
and in their power, who had neither disguised his arrogance nor made
good use of his prerogatives. Royal justice, as dispensed by John, was
in every way inferior to royal justice as dispensed under his father’s
vigilant eye. Yet the exasperated barons, in the hour of their triumph,
actually accepted, and accepted cordially, one half of royal justice;
while they sought to abolish only the other half. The chapters bearing
on the question of jurisdiction may thus be arranged in two groups, some
reactionary, and some favourable to Henry’s reforms. On the one hand, no
lord of a manor shall be robbed of his court by the King evoking before
the royal courts pleas between two freeholders of the lord’s manor;[159]
no freeman shall be judged or condemned by the King’s officials, but
only before the full body of his peers (that is, of his fellow earls and
barons, if he be an earl or baron, and of his fellow tenants of the
manor, if he holds of a mesne lord);[160] earls and barons must be
amerced only by their equals.[161] On the other hand, in prescribing
remedies for various abuses connected with numerous branches of legal
procedure recently introduced into the royal courts, the barons accepted
by implication this new procedure itself and the royal encroachments
implied therein. For example, the Crown’s right to hold “Common Pleas”
was impliedly admitted, when the barons asked and obtained a promise
that these should be tried in some certain place (that is, at
Westminster).[162] Yet these very pleas, ordinary ones in which the
Crown had no special interest, as opposed to Pleas of the Crown in which
it had, must have included many cases which, prior to Henry II.’s
reforms, would not have been tried in a royal court. Again, in
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account