The History of England - a Study in Political EvolutionPollard, A. F. (Albert Frederick)
History
The History of England - a Study in Political Evolution
Pollard, A. F. (Albert Frederick)
Great Britain -- History; Great Britain -- Politics and government
special privileges which Henry II and his sons had threatened or taken
away. Some of these liberties were dangerous obstacles to the common
welfare--for instance the "liberty" of every lord of the manor to try
all suits relating to property and possession in his own manorial
court, or to be punished by his fellow-barons instead of by the judges
of the king's court. This was what the barons meant by their famous
demand in Magna Carta that every man should be judged by his peers;
they insisted that the royal judges were not their peers, but only
servants of the crown, and their demands in these respects were
reactionary proposals which might have been fatal to liberty as we
conceive it.
Nor is there anything about trial by jury or "no taxation without
representation" in Magna Carta. What we mean by "trial by jury" was not
developed till long after 1215; there was still no national, but only
class taxation; and the great council, which was to give its assent to
royal demands for money, represented nobody but the tenants-in-chief of
whom it was composed. All that the barons meant by this clause was that
they, as feudal tenants-in-chief, were not to pay more than the
ordinary feudal dues. But they left to the king, and they reserved to
themselves, the right to tallage their villeins as arbitrarily as they
pleased; and even where they seem to be protecting the villeins, they
are only preventing the king from levying such judicial fines from
their villeins as would make it impossible for those villeins to render
their services to the lords. It was to be no affair of the king or
nation if a lord exacted the uttermost farthing from his own chattels;
legally, the villeins, who were the bulk of the nation, remained after
Magna Carta, as before, in the position of a man's ox or horse to-day,
except that there was no law for the prevention of cruelty to animals.
Finally, the provision that no one was to be arrested until he had been
convicted would, if carried out, have made impossible the
administration of justice.
Public-domain text, read in full here on John Shaqi.
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