DOI Page / Citation link:
https://doi.org/10.11588/diglit.71755#0019
PART I INTRODUCTION: PRIMARY FORCES
15
England the barons, assembled at St. Edmund's, had
openly threatened war.1 Probably in order to break
the force of the coalition against him, John issued, Nov.
21, 1214, his " Carta2 ut liberiesint electiones totius
Anglic." Since the days of Henry I. elections3 had
been canonical in form and free in theory; John's
Charter converted theoretical freedom into actual.
Whenever a vacancy occurred in bishopric or monas-
tery, the chapter could now meet as soon as it wished
and fill the vacancy by a free election. A royal
license had first to be obtained, but this was not to be
denied or deferred. If it should be — " quod absit" —
the election was nevertheless to be held and the choice
to be valid and binding. However desirable this
ecclesiastical freedom might seem to the church, John's
Charter not only failed to detach it from his enemies,
but also during the reign of Henry III. established "a
freedom of litigation and little more."4 It opened the
door for the pope a little wider, but to this Henry him-
self was apparently not disinclined.5
In spite of John's exertions, the day of Magna
Charta arrived: Innocent had not been able to save
him. The sole resource was a Bull of Dispensation6
1 Mat. Par., II., p. 583.
2 Sel. Chart, p. 288. Statutes of Realm, I., p. 5. Cf. Rymer, 1.,
p. 126.
3 For election of Roger of Salisbury, vile Sel. Chart., p. 288.
4 Stubbs' Const. Hist., III., p. 315 and note.
5 Cf. Mat. Par., III., pp. 169, 187.
6 Rymer, I., pp. 135, 136. Cf. Pauli, Geschichte von England, III.,
p. 436.
15
England the barons, assembled at St. Edmund's, had
openly threatened war.1 Probably in order to break
the force of the coalition against him, John issued, Nov.
21, 1214, his " Carta2 ut liberiesint electiones totius
Anglic." Since the days of Henry I. elections3 had
been canonical in form and free in theory; John's
Charter converted theoretical freedom into actual.
Whenever a vacancy occurred in bishopric or monas-
tery, the chapter could now meet as soon as it wished
and fill the vacancy by a free election. A royal
license had first to be obtained, but this was not to be
denied or deferred. If it should be — " quod absit" —
the election was nevertheless to be held and the choice
to be valid and binding. However desirable this
ecclesiastical freedom might seem to the church, John's
Charter not only failed to detach it from his enemies,
but also during the reign of Henry III. established "a
freedom of litigation and little more."4 It opened the
door for the pope a little wider, but to this Henry him-
self was apparently not disinclined.5
In spite of John's exertions, the day of Magna
Charta arrived: Innocent had not been able to save
him. The sole resource was a Bull of Dispensation6
1 Mat. Par., II., p. 583.
2 Sel. Chart, p. 288. Statutes of Realm, I., p. 5. Cf. Rymer, 1.,
p. 126.
3 For election of Roger of Salisbury, vile Sel. Chart., p. 288.
4 Stubbs' Const. Hist., III., p. 315 and note.
5 Cf. Mat. Par., III., pp. 169, 187.
6 Rymer, I., pp. 135, 136. Cf. Pauli, Geschichte von England, III.,
p. 436.