most noteworthy that the barons, while providing for the abolition of
abuses which affect themselves, show an unselfish and patriotic spirit
in laying down the rule that all the concessions which the king makes to
them shall also be extended by themselves to their own sub-tenants. The
clauses dealing with the general governance of the realm are also as
enlightened as could be expected from the character of the committee
which drafted the charter. There is to be no taxation without the
consent of the Great Council of the Realm--which is to consist of all
barons, who are to be summoned by individual units; and of all smaller
tenants-in-chief, who are to be called not by separate letters, but by a
general notice published by the sheriff. It has been pointed out that
this provides no representation for sub-tenants or the rest of the
nation, so that we are still far from the ideal of a representative
parliament. John himself had gone a step farther on the road towards
that ideal when in 1213 he had summoned four "discreet men" from every
shire to a council at Oxford, which (as it appears) was never held. But
this would seem to have been a vain bid for popularity with the middle
classes, which had no result at the time, and the barons preferred to
keep things in their own hands, and to abide by ancient precedents. It
was to be some forty years later that the first appearance of elected
shire representatives at the Great Council took place. In 1215 the
control of the subjects over the crown in the matter of taxation is
reserved entirely for the tenants-in-chief, great and small.
There is less qualified praise to be bestowed on the clauses of Magna
Carta which deal with justice. The royal courts are no longer to attend
the king's person--a vexatious practice when sovereigns were always on
the move, and litigants and witnesses had to follow them from manor to
manor--but are to be fixed at Westminster. General rules of indisputable
equity are fixed for the conduct of the courts--no man is to be tried or
punished more than once for the same offence; no one is to be arrested
and kept in prison without trial; all arrested persons are to be sent
before the courts within a reasonable time, and to be tried by a jury of
their peers. Fines imposed on unsuccessful litigants are to be
calculated according to the measure of their offence, and are not to be
arbitrary penalties raised or lowered at the king's good pleasure
according to the sum that he imagined that the offender could be induced
to pay. No foreigners or other persons ignorant of the laws of England
are to be entrusted with judicial or administrative offices.
Public-domain text, read in full here on John Shaqi.
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