A History of England, Period I. Mediæval MonarchyBright, J. Franck (James Franck)
History
A History of England, Period I. Mediæval Monarchy
Bright, J. Franck (James Franck)
Great Britain -- History
Nevertheless, with the
exception of the King’s actual ministers, and of those foreigners,
the introduction of whom was one of his gravest errors, the whole
of John’s own following acknowledged the justice of the baronial
claims, sympathized with the demands raised, and joined in putting
them into the best shape. The movement was in fact, even where not
in form, national.
[Sidenote: Magna Charta.]
The terms of the Charter were in accordance with this state of
affairs. To the Church were secured its rights and the freedom
of election (1). To the feudal tenants just arrangements in the
matters of wardship, of heirship, widowhood, and marriage (2-8).
Scutage and aids, which John had from the beginning of his reign
taken as a matter of course, were henceforward to be granted by
the great council of the kingdom, except in three cases, the
deliverance of the king from prison, the knighting of his eldest
son, and the marriage of his eldest daughter (12). The same right
was secured by the immediate tenants to their sub-tenants. The
great council was to consist of archbishops, bishops and abbots,
counts and greater barons, summoned severally by writ, and of
the rest of the tenants in chief, summoned by general writ to
the sheriff (14). The lands of sub-tenants, seized by the king
for treason or felony, were to be held by him for a year only,
and then to be handed over to the tenant’s immediate lord (32).
Similarly the crown was no longer to claim wardship in the case
of sub-tenants, nor to change the custom of escheated baronies,
nor to fill up vacancies in private abbeys (43, 46). These are all
distinct regulations of feudal relations. The more general acts
of tyranny of the crown were guarded against, by fixing the Court
of Common Pleas at Westminster (17); by the settlement of land
processes by itinerant justices in the counties where the disputes
arose (18); by the limitations of punishments within reasonable
limits (20-22); by the restriction of the powers of constables,
sheriffs, and other royal officers, both in the matter of royal
lawsuits and of purveyance (28-31); by an article (36), which is
held to foreshadow the Habeas Corpus Act, stipulating the immediate
trial of prisoners; and by other articles (38-40), which are held
to foreshadow trial by jury, and which forbid the passing of
sentence except on the verdict of a man’s equals, and witness upon
oath. Other points secured their liberties to the free towns and
to merchants. This Charter was to be guaranteed by the appointment
of a committee of twenty-five nobles, any four of whom might claim
redress for infractions of it, and upon refusal proceed to make war
upon the king.
[Sidenote: John’s attempts to break loose from it.]
[Sidenote: Louis is summoned. 1216.]
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.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account