Читать книгу Magna Carta: A Commentary on the Great Charter of King John. With an Historical Introduction онлайн

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ssss1. Const. Hist., I. 569.

ssss1. Mr. Prothero is of the same opinion (Simon de Montfort, 15). It was “in reality a treaty of peace, an engagement made after a defeat between the vanquished and his victors.”

ssss1. Here we differ from him.

ssss1. Études de droit constitutionnel, 41.

ssss1. Prof. Jesse Macy, English Constitution, 162.

ssss1. Sir William R. Anson, Law of the Constitution, I. 14.

ssss1. In strict legal theory the complete investiture of the grantee required that “charter” should be followed by “infeftment” or delivery (real or constructive) of the subject of the grant. In the case of such intangible things as political rights and liberties, the actual parchment on which the Charter was written would be the most natural symbol to deliver to the grantees.

ssss1. See chapter 1. The grant which thus purports to be perpetually binding on John’s heirs, was in practice treated as purely personal to John, and requiring confirmation by his son. Yet this also was in strict accordance with feudal theory, which required the heir to complete his title to his deceased father’s real estate by obtaining a Charter of Confirmation from his lord, for which he had to pay “relief.” The liberties of the freemen were only a new species of real estate.