The Leading Facts of English HistoryMontgomery, D. H. (David Henry)
History
The Leading Facts of English History
Montgomery, D. H. (David Henry)
Great Britain -- History
259. Judicial Reforms.
In 1164 Henry II undertook, by a series of statutes called the
Constitutions of Clarendon, to bring the Church under the common law
of the land, but was only temporarily successful. By subsequent
statutes he reorganized the administration of justice, and laid the
foundation of trial by jury.
260. Town Charters.
Under Richard I many towns secured charters giving them the control of
their own affairs in great measure. In this way municipal
self-government arose, and a prosperous and intelligent class of
merchants and artisans grew up who eventually obtained important
political influence in the management of national affairs.
261. Magna Carta, or the Great National Charter.
This pledge, extotrted from King John in 1215, put a check to he
arbitrary power of the sovereign, and guaranteed the rights of all
classes, from the serf and the townsman to the bishop and baron
(S199). It consisted originally of sixty-three articles, founded
mainly on the first royal charter (that of Henry I), given in 1100
(S135).
Magna Carta was not a statement of principles, but a series of
specific remedies for specific abuses, which may be summarized as
follows:
1. The Church to be free from royal interference, especially in the
election of bishops.
2. No taxes except the regular feudal dues (S150) to be levied, except
by the consent of the Great Council, or Parliament.
3. The Court of Common Pleas (see p. 73, not 1) not to follow the
King, but to remain stationary at Westminster. Justice to be neither
sold, denied or delayed. No man to be imprisoned, outlawed, punished,
or otherwissssse molested, save by the judgment of his equals or by
the law of the land. The necessary implements of all freemen, and the
farming tools of villeins, or farm laborers (S113), to be exempt from
seizure.
4. Weights and measures to be kept uniform throughout the realm. All
merchants to have the right to enter and leave the kingdom without
paying exorbitant tolls for the privilege.
5. Forest laws to be justly enforced.
6. The charter to be carried out by twenty-five barons together with
the mayor of London.
This document marks the beginning of a written constitution, and it
proved of the highest value henceforth in securing good government.
It was confirmed thirty-seven times by subsequent kings and
parliaments, the confirmation of this and previous charters by
Edward I in 1297 being of especial importance.
262. Rise of the House of Commons.
In 1265, under Henry III, through the influence of Simon de Montfort,
two representatives from each city and borough, or town, together with
two knights of the shire, or country gentlemen, were summoned to meet
with the Lords and Clergy in the Great Council, or Parliament; but the
House of Commons did not become a permanent body until the Model
Parliament of 1295 was summoned. From that time the body of the
people began to have a permanent voice in making the laws.
Public-domain text, read in full here on John Shaqi.
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