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
regulating the various Petty Assizes, chapters 18 and 19 admit the
Crown’s right to hold them. Such Assizes must be taken henceforth four
times a year. Here, as in chapter 40, the ground of complaint is not
that there is too much of royal justice, but rather that there is too
little of it; it is henceforth to be neither delayed nor denied.
Further, the encroachments made by Henry II. in 1166 on the rights of
private franchises in the matter of criminal jurisdiction are
homologated by acquiescence in the King’s definition of “Pleas of the
Crown” implied in chapter 24.
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Footnote 159:
c. 34
Footnote 160:
c. 39.
Footnote 161:
c. 21.
Footnote 162:
c. 17.
-----
These, then, are the two clearly contrasted groups into which the
innovations made by Henry and his sons, within the province of justice,
naturally fell as viewed by John’s opponents in 1215: some of them had
now come to be warmly welcomed, and these, it was insisted, must be
continued by the Crown; while some of them still excited as bitter
opposition as ever, and these, it was insisted, must be utterly swept
away.
PART III.
MAGNA CARTA: ITS FORM AND CONTENTS.
I. Its Prototypes: Earlier Charters.
However wide and scattered were the sources from which the substance of
the Great Charter was derived, its descent, on its formal side, can
readily be traced, through an unbroken line of antecedents, back to a
very early date. Magna Carta is directly descended from the Charter of
Liberties of Henry I., and that, again, was a written supplement to the
vows taken by that monarch at his coronation, couched in similar terms
to those invariably sworn at their anointing by the Anglo-Saxon kings of
England, from Edgar to Edward Confessor.
Public-domain text, read in full here on John Shaqi.
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