Leaders of the People: Studies in Democratic HistoryClayton, Joseph
History
Leaders of the People: Studies in Democratic History
Clayton, Joseph
Democracy; Great Britain -- History
“The bonds of unwritten custom, which the older grants did little
more than recognize, had proved too weak to hold Angevins; and the
baronage now threw them aside for the restraints of written law. It is
in this way that the Great Charter marks the transition from the age
of traditional rights, preserved in the nation’s memory and officially
declared by the primate, to the age of written legislation, of
parliaments and statutes, which was soon to come.” (J. R. Green.)
The first article of the Charter guaranteed the freedom of the English
Church, and, in especial, the freedom of elections, “which was reputed
most requisite.”
By the Great Charter the feudal rights of the king over his vassals
were defined and settled, and the tenants of the barons were protected
in similar way from the lawless exactions of their lords.
No scutage or aid was to be levied by the crown, “save by the common
council of the realm”--except the three customary feudal aids for
the ransoming of the king, the knighting of his eldest son, and the
marriage of his eldest daughter. This common council, consisting of
bishops, abbots, earls, and greater barons, was to be summoned by
special writ. The free rights of London and the other chartered towns
were fully admitted.
The Court of Common Pleas (cases between subjects) was to sit at
Westminster (and not to follow the king in his wanderings), and judges
of assize were to go on circuit four times a year.
No free man was to be seized, imprisoned, ousted of his land, outlawed,
banished, or in any way brought to ruin, save by the legal judgment of
his peers or by the law of the land.
To no man was justice to be sold, denied, or postponed by the king.
The free right of Englishmen and foreigners to pass in and out of the
country in time of peace was granted.
The king’s mercenaries, “all the gang that came with horses and arms to
the hurt of the realm,” were to be sent out of England.
Finally, by a supplementary document, the barons present at Runnymead
were to choose out of the whole baronage twenty-five sworn guardians of
the Charter, who, in the event of any violation of its articles, were
not to hesitate from making war on the king till the matter had been
put right.
Well might John exclaim, in a wild burst of rage, when the Charter was
signed, and he was alone with his foreign troops, “They have given me
five-and-twenty over-kings!”
The twenty-five were to ensure the king’s obedience to the Charter,
but who was to ensure the obedience of the twenty-five?--all of whom
were of the party of revolt against the king. A safeguard was obviously
necessary, and a second court of barons, thirty-eight in number, was
chosen--(which included William the Marshall)--and these first swore
obedience to the twenty-five, and then a second oath to enforce on king
and barons mutual respect.[31]
Public-domain text, read in full here on John Shaqi.
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