[6] The parliaments of that time were, doubtless, such as Carlyle
describes them, when he says, "The parliament was at first a most
simple assemblage, quite cognate to the situation; that Red
William, or whoever had taken on him the terrible task of being
King of England, was wont to invite, oftenest about Christmas
time, his subordinate Kinglets, Barons as he called them, to give
him the pleasure of their company for a week or two; there, in
earnest conference all morning, in freer talk over Christmas cheer
all evening, in some big royal hall of Westminster, Winchester, or
wherever it might be, with log fires, huge rounds of roast and
boiled, not lacking malmsey and other generous liquor, they took
counsel concerning the arduous matters of the kingdom."
[7] Hume, Appendix 2.
[8] This point will be more fully established hereafter.
[9] It is plain that the king and all his partisans looked upon the
charter as utterly prostrating the king's legislative supremacy
before the discretion of juries. When the schedule of liberties
demanded by the barons was shown to him, (of which the trial by
jury was the most important, because it was the only one that
protected all the rest,) "the king, falling into a violent passion,
asked, Why the barons did not with these exactions demand his
kingdom? * * and with a solemn oath protested, that he would
never grant such liberties as would make himself a slave." * * But
afterwards, "seeing himself deserted, and fearing they would seize
his castles, he sent the Earl of Pembroke and other faithful
messengers to them, to let them know he would grant them the
laws and liberties they desired." * * But after the charter had been
granted, "the king's mercenary soldiers, desiring war more than
peace, were by their leaders continually whispering in his ears, that
he was now no longer king, but the scorn of other princes; and that
it was more eligible to be no king, than such a one as he." * * He
applied to the Pope, that he might by his apostolic authority make
void what the barons had done.* * At Rome he met with what
success he could desire, where all the transactions with the barons
were fully represented to the Pope, and the Charter of Liberties
shown to him, in writing; which, when he had carefully perused,
he, with a furious look, cried out, What! Do the barons of England
endeavor to dethrone a king, who has taken upon him the Holy
Cross, and is under the protection of the Apostolic See, and would
they force him to transfer the dominions of the Roman Church to
others? By St. Peter, this injury must not pass unpunished. Then
debating the matter with the cardinals, he, by a definitive sentence,
damned and cassated forever the Charter of Liberties, and sent the
king a bull containing that sentence at large." Echard's History of
England, p. 106-7
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