The History of England in Three Volumes, Vol. I., Part B.: From Henry III. to Richard III.Hume, David
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The History of England in Three Volumes, Vol. I., Part B.: From Henry III. to Richard III.
Hume, David
Great Britain -- History
Pembroke, that he might reconcile all men to the government of his
pupil, made him grant a new charter of liberties, which, though mostly
copied from the former concessions extorted from John, contains some
alterations which may be deemed remarkable.[*] The full privilege of
elections in the clergy, granted by the late king, was not confirmed,
nor the liberty of going out of the kingdom without the royal consent:
whence we may conclude, that Pembroke and the barons, jealous of the
ecclesiastical power, both were desirous of renewing the king’s claim
to issue a congé d’élire to the monks and chapters, and thought it
requisite to put some check to the frequent appeals to Rome. But what
may chiefly surprise us is, that the obligation to which John had
subjected himself, of obtaining the consent of the great council before
he levied any aids or scutages upon the nation, was omitted; and this
article was even declared hard and severe, and was expressly left to
future deliberation. But we must consider, that, though this limitation
may perhaps appear to us the most momentous in the whole charter of
John, it was not regarded in that light by the ancient barons, who were
more jealous in guarding against particular acts of violence in the
crown than against such general impositions which, unless they were
evidently reasonable and necessary, could scarcely, without general
consent, be levied upon men who had arms in their hands, and who could
repel any act of oppression by which they were all immediately affected.
We accordingly find, that Henry, in the course of his reign, while he
gave frequent occasions for complaint with regard to his violations of
the Great Charter, never attempted, by his own will, to levy any aids
or scutages, though he was often reduced to great necessities, and was
refused supply by his people.
* Rymer, vol. i. p. 215.
So much easier was it for him to transgress the law, when individuals
alone were affected, than even to exert his acknowledged prerogatives,
where the interest of the whole body was concerned.
This charter was again confirmed by the king in the ensuing year, with
the addition of some articles to prevent the oppressions by sheriffs;
and also with an additional charter of forests, a circumstance of great
moment in those ages, when hunting was so much the occupation of the
nobility, and when the king comprehended so considerable a part of the
kingdom within his forests, which he governed by peculiar and arbitrary
laws. All the forests, which had been enclosed since the reign of Henry
II., were disafforested, and new perambulations were appointed for that
purpose; offences in the forests were declared to be no longer capital,
but punishable by fine, imprisonment, and more gentle penalties; and all
the proprietors of land recovered the power of cutting and using their
own wood at their pleasure.
Public-domain text, read in full here on John Shaqi.
The History of England in Three Volumes, Vol. I., Part B.: From Henry III. to Richard III. — John Shaqi
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