Europe -- Politics and government; Political science
In effect the Charter was a treaty between the king and his dissatisfied
subjects. It was essentially a feudal document, and the majority of
its provisions relate primarily to the privileges and rights of the
barons. None the less, it contains clauses that affected all classes
of society, and it is especially noteworthy that the barons and clergy
pledged themselves in it to extend to their dependents the same
customs and liberties which they were themselves demanding of the
crown. Taking the Charter as a whole, it guaranteed the freedom of
the Church, defined afresh and in precise terms surviving feudal (p. 010)
incidents and customs, placed safeguards about the liberties of the
boroughs, pledged security of property and of trade, and stipulated
important regulations respecting government and law, notably that
whenever the king should propose the assessment of scutages or of
unusual aids he should take the advice of the General Council,
composed of the tenants-in-chief summoned individually in the case of
the greater ones and through the sheriffs in the case of those of
lesser importance. Certain general clauses, e.g., that pledging that
justice should neither be bought nor sold, and that prescribing that a
freeman might not be imprisoned, outlawed, or dispossessed of his
property save by the judgment of his peers or by the law of the land,
meant in effect considerably less than they sometimes have been
interpreted to mean.[11] Yet even they served to emphasize the
fundamental principle upon which the political and legal structure was
intended to be grounded, that, namely, of impartial and unvarying
justice.[12]
[Footnote 11: The term "peers," as here employed,
means only equals in rank. The clause cited does
not imply trial by jury. It comprises a guarantee
simply that the barons should not be judged by
persons whose feudal rank was inferior to their
own. Jury trial was increasingly common in the
thirteenth century, but it was not guaranteed in
the Great Charter.]
Public-domain text, read in full here on John Shaqi.
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