Great Britain -- History -- Plantagenets, 1154-1399; Plantagenet, House of
Edward and
the Great
Charter.
]
[Sidenote:
Feudal
powers
of
the king.
]
Edward himself, who took for his motto the words “Pactum serva,” which
may be seen upon his tomb, not unnaturally regarded the demands which
were made for the re-issue of the Great Charter as a slur upon his good
faith. Only once during the first half of his reign, did he undertake
to re-confirm it; and when the Archbishop of Canterbury in 1279,
obtained the enactment of a canon by which copies of the charter were
to be affixed to the doors of the churches, the king interfered to
forbid it. It is not too much, perhaps, to say that it was the legal
rather than the constitutional articles of the Great Charter that he
took the most pains to develop. The influence of the great lords is
conspicuous in some of the provisions of his statutes, which tend to
restrict the liberty of alienating lands. Jealousy of ecclesiastical
aggrandizement appears in others, which forbid the acquisition of new
estates by the clergy. It cannot be supposed likely that a king like
Edward, would miss his opportunity of strengthening the hold which he
had on both barons and prelates. The idea of constitutional liberty
had now grown so powerful that he knew that he could no longer make
laws, or raise taxes, or even go to war without their consent. In those
respects he could not coerce them. But the legal rights which the
crown had over its own vassals were a different matter. It was quite
practicable for him to exact the full payment of feudal services, to
prevent the impoverishment of the crown, by the transference of estates
which paid a large revenue to the king on the occasion of successions
or marriages of wardships, into the hands of religious corporations
which neither died nor married, nor required tutelage. It was equally
practicable to prevent the owners of great estates from cutting up
their property, by what was called subinfeudation, into smaller
holdings, which would not, any more than the church lands, render to
the king the feudal services that he required. Two of Edward’s most
famous statutes--the statute “De Religiosis,” in 1279, and the statute
“Quia Emptores,” in 1290, were intended to secure these two points.
[Sidenote:
Powers of
the feudal
lords.
]
[Sidenote:
Courts of Exchequer,
King’s Bench,
and Common
Pleas.
]
Public-domain text, read in full here on John Shaqi.
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