Records: Request for Reconfirmation

## **A Not Unpleasant Purgatory**

It had been a little more than three years since the Edwardian *Audit and Rectification*. The had stung the English Baronage, including a loss of some peerages, but politics and soft power (as much the Sergeants-at-Arms as anything else) had kept the aristocracy in line.

There had been patchwork revisions and additions already, some fairly significant, so it was common knowledge that the Magna Carta was high on the list Crown's priorities. Still, for all the changes, there had been no hint, nor timetable, nor guarantee that noble's rights would be honored at all moving forward.

Now, as the economy expanded and the Crown took direct control of more and more shires, creating their own management rather than leaving it to rank amateur noble houses, the noble class was feeling the heat of Royalty. Add in an incredible level of power in the standing army – one that no local noble's army would have a chance to overthrow – and the king was closer than ever to all the tools they would need for absolute power.

Add in close ties to Jesuits effecting real, regular healing miracles – and real Merlin-class magic – and these were political factors unlike every truly imagined, much less codified for. As the power of the nobility dwindled, there was increased adoration of the commons. The Edwardian Crown was riding a wave of popularity unlike anyone since King Arthur himself. Just as King Edward had been healed, it felt as if England had climbed from the grave along with him.

For the aristocracy, it was now or never:

***What was the state of the Magna Carta…?***

### **Parliamentary Procedure**

At the moment, the state of government was effectively “at the will of the King” (though everybody knew Prince Richard was a powerhouse right behind him). it was that observation that led to the question being asked in Parliament, and when that happened, out loud, a threshold had been passed. It was the *Point of No Return*.

King Edward was as precise and resolute as he was egalitarian. He felt his power was to guide England as cabinet tended to it’s inner workings. That put him far above clumsy demonstrations of oppression or brutality.

Likewise, the Princes' magical power could be terrifying but they were no tyrant, so there was hope. It was well known that Princes had expressed their opinion regarding the “…idiotic Statutes of Kilkenny…”, and other measures (like the ban on Jews), meaning the Princes were more likely to deal in Realpolitik and resolutions than arbitrary displays of power.

*The critique of the Statutes of Kilkenny was ringing especially loudly in Ireland, with reactions even into France…*

The King confirmed his commitment to honor the spirit of the charter, but he wasn't going to simply rubber-stamp what was effectively an old peace treaty with most of the clauses obsolete. It was, however, a Plantagenet family document and should be a covenant between the sovereign and the citizen.

## **The Factors at Stake**

The first thing for *The House Plantagenet* was to consider the history of the document. The codification of a 1215 peace agreement between King John and rebellious Barons, it was later renamed Magna Carta, or "Great Charter".

The charter went beyond simply addressing specific baronial complaints, it formed a wider proposal for political reform, albeit one focusing on the rights of *free* men (not serfs and unfree labour). It promised the protection of church rights, protection from illegal imprisonment, access to swift justice, new taxation only with baronial consent and limitations on scutage and other feudal payments.

By now, even if the document didn't exist, House Plantagenet would've created something like it, just to codify standards and practices. Since it did exist, it was also clear that it was held dear as a symbolic constitutional document.

The problem with it, in the Crown's unusually egalitarian eyes, was that it was also a 162 year-old failed peace agreement between their great, great, great, great grandfather and "partisan factions", leading to the First Barons' War. Nor was John the only king to have issues with it, with Henry III going to war over it, ultimately signing the Provisions of Oxford and surrendering more power to the baronial council. The Provisions of Oxford were often regarded as England's first written constitution.

But it wasn't its first, nor was it England's last prior to this. Æthelberht of Kent got credit for his earlier law codes (mid 7th century), and the Provisions of Oxford were eventually replaced by the Provisions of Westminster (1259). Of course, those didn't last long either, overthrown by Henry III using a papal bull as justification in 1261, thus starting the Second Barons' War (1263-1267). After that came the Dictum of Kenilworth (1266), followed by the Statute of Marlborough (1267).

The Statute of Marlborough wasn't just an addendum to a peace treaty, it contained executive legislation. It included measures against vigilante justice, resisting the King's officers, the confirmation of charters, wardship, redisseisin, suits of court, Sheriff's turns, beaupleader, real actions, essoins, juries, guardians in socage, amercements for default of summons, pleas of false judgement, replevin, freeholders, inquest, murder, benefit of clergy, and prelates.

What this taught the Crown, besides the importance of the supply chain in the Barons' Wars, was that legislation was conducted in fits and spurts and contained in a scattershot of documents. It taught that the papacy had incredible influence over the internal affairs of England. It taught that the process of law was interpretive and ever-evolving: even as recently as Edward III, six measures were passed between 1331 and 1369, which were later known as the Six Statutes. They sought to clarify certain parts of the Charters.

The impermanence of the Charter required successive generations to petition the King to reconfirm his Charter, and hopefully abide by it. The ultimate lesson for the current Crown and Advisors was that they shouldn't reconfirm the charter, but rather rewrite it and make it into a guiding, living document, to be reviewed and updated semi-annually as needed.

### **Respecting "the concept” of the Magna Carta**

The King pointed out that several provisions in this document of national guidance that were already long obsolete, yet they were carried as law.

As they'd redefined the duties on the sovereign's Privy Council – and had set a new bar on the professionalism for each of the offices – they would set about the reorganization of England’s most important document. The plan was to submit it before Parliament in a year.

In the meantime, laws and enforcement would continue in their current state, with patchwork made as necessary (such as the tax changes just instituted).