History of the Origin of Representative Government in EuropeGuizot, François
History
History of the Origin of Representative Government in Europe
Guizot, François
Europe -- History; Representative government and representation
"Art. 18. We, or if we are absent from the kingdom, our chief
justiciary, shall send four times a year into each county two
judges, who, with four knights, chosen by each county, shall
hold the assizes at the time and place appointed in the said
county."
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"Art. 39. No freeman shall be arrested or imprisoned, or
dispossessed of his tenement, or outlawed, or exiled, or in
anywise proceeded against; we will not place or cause to be
placed hands upon him, unless by the _legal judgment of his
peers or by the law of the land_.
"Art. 40. _Justice shall not be sold, refused, or delayed to
anyone._"
Moreover, the king promises to appoint only capable and upright
judges (Art. 41); to forbid their condemning any person whatever,
without having previously heard the witnesses (Art. 38); to
reinstate every man who had been dispossessed without legal
judgment (Art. 32); to repair the injuries committed under Henry
II., and Richard I. (Art. 53); to put a stop to the imposts for
the construction of bridges (Art. 23); and to interdict
annoyances of all kinds inflicted either on townsmen, merchants,
or villeins (Arts. 20, 26, 28, 30, 31).
He grants and assures to the city of London, as well as to all
other cities, boroughs, towns, and harbours, the possession of
their ancient customs and liberties (Art. 13).
Lastly, the 41st Article provides that all merchants shall have
full and free liberty of entering England, of leaving it, of
remaining there, and of travelling there by land and by water, to
buy and to sell without being subject to any oppression (_male
toltâ_) according to the ancient and common usages, &c.
These, then, are the concessions made to promote the interests of
all.
It is not, however, enough that rights should be recognized and
promises made; it is further necessary that these rights should
be respected, and that these promises should be fulfilled. The
61st and last article of the Great Charter is intended to provide
this guarantee. It is there said that the barons shall elect
twenty-five barons by their own free choice, charged to exercise
all vigilance that the provisions of the Charter may be carried
into effect, the powers of these twenty-five barons is unlimited
if the king or his agents allow themselves to violate the
enactments of the Charter in the smallest particular, the barons
will denounce this abuse before the king, and demand that it be
instantly checked.
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If the king do not accede to their demand, the barons shall have
the right, forty days after the summons has been issued by them,
to prosecute the king, to deprive him of his lands and castles
(the safety of his person, of the queen, and of their children,
being respected), until the abuse has been reformed to the
satisfaction of the barons.
Public-domain text, read in full here on John Shaqi.
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