Great Britain -- History -- Henry III, 1216-1272; Henry III, King of England, 1207-1272
The seals with which, in place of the non-existent royal seal, this
Charter was confirmed in the King’s name were those of Gualo the
Cardinal Legate and William the Marshal, Earl of Pembroke, “governor
of ourself and our realm.” The form of the document must have been
determined by Gualo and William conjointly; and it reflects the
utmost credit upon the wisdom, tact, and moderation of both. Their
explanation, given in the clause just quoted, as to the omissions in
the new Charter was reasonable and true. The matters omitted were
such as a provisional government, especially under the existing
circumstances, could not safely deal with. They were all, more or less,
matters of controversy; they were also matters affecting the relations
of the Crown not with the nation as a whole, but with certain members
or sections of the nation; matters, in a word, as to which it would
have been neither politic nor just to tie the hands of a King who was
not yet capable of acting for himself--above all at a moment when any
surrender of the powers and claims of the Crown might have deprived him
and his counsellors of the already sufficiently small means which they
possessed of carrying on the war against the invader. Most “grave and
doubtful” of all was the question which had furnished the immediate
pretext, though it was certainly not the sole incentive, for the rising
of the barons against John: the question of scutage. If the limitations
imposed by the twelfth and fourteenth articles of the Great Charter
upon the King’s rights of scutage were not actually new, they had been
obsolete so long as to be practically an innovation on the established
custom of the realm. This fact was the coign of vantage on which John
had taken his stand when appealing to the Pope against the barons;
and it was on this ground that Innocent had condemned the Charter.
The accession of a child-King was not the moment for gratuitously
surrendering on his part a claim whose illegality was, to say the
least, not proven, and which the Pope, as overlord of the kingdom, had
upheld; and the postponement of this question enabled Gualo at once
to give the papal sanction to the new Charter. The publication of the
Charter, with that sanction, left no valid excuse for the continuance
of a refusal to recognize the native sovereign. Henry was now as
definitely pledged as Louis to the redress of all grievances which were
really national, and the security for the fulfilment of the pledge was
at least as strong on Henry’s side as on the side of the stranger.
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account