Great Britain -- History -- Plantagenets, 1154-1399; Plantagenet, House of
But the end was not come even now. The archbishop and the earls knew
how often the charters had been confirmed in vain in King Henry’s days;
and it was an evil omen that the king, whilst offering to confirm
them, was attempting to exact money without a vote of Parliament. They
drew up a series of new articles to be added to the Great Charter,
and, after some difficulty, forced them upon the king just as he was
preparing to embark. Edward saw that he must yield, but he left his son
and his ministers to finish the negotiation. As soon as he had sailed
the earls went to the Exchequer and forbade the officers of that
court to collect the newly-imposed tax; the young Prince Edward was
urged to summon the knights of the shire to receive the copies of the
charter which his father had promised, and on October 10 the charters
were re-issued, with an addition of seven articles, by which the king
renounced the right of taxing the nation without national consent. It
is true that these articles were not drawn up with such exactness as to
prevent all evasion, and Edward I. and Edward III. are accused of using
the obscurities of the wording to justify them in transgressing the
spirit of the concession. But the confirmation of the charters, however
won, was the completion of the work begun by Stephen Langton and the
barons at Runnymede. It established finally the principle that for all
taxation, direct and indirect, the consent of the nation must be asked,
and made it clear that all transgressions of that principle, whether
within the letter of the law or beyond it, were evasions of the spirit
of the constitution. The seven articles were these: by the first the
charters were confirmed; by the second all proceedings in contravention
of them were declared null; by the third copies of them were to be sent
to the cathedral churches to be read twice a year; and by the fourth
the bishops were to excommunicate all who transgressed them. These
four were the contribution of the prelates, the condition under which
the clergy had been reconciled. By the fifth article the king declared
that the exactions, by which the people had been aggrieved, should not
be regarded as giving him a customary right to take such exactions
any more; by the sixth he promised that he would no more take such
“aids, tasks, and prizes but by common assent of the realm;” and by the
seventh he undertook not to impose on the wool of the country any such
“maletote” or heavy custom in future without their common assent and
good will. It would have been clearer if the rights renounced had been
absolutely renounced and clearly specified. The king and his servants
soon learned that, without taking such taxes and maletotes as had been
complained of, they could by negotiating with the merchants raise money
indirectly without consulting parliament, but that excuse was never
allowed by the parliament to be sufficient, and, when they could, they
closed every opening for evasion.
Public-domain text, read in full here on John Shaqi.
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