Great Britain -- History -- Henry III, 1216-1272; Henry III, King of England, 1207-1272
Next day {12 Nov.} there was issued a provisional Charter, purporting
to be granted by the boy-King “under the guidance of God, and for
the salvation of our soul and of the souls of all our ancestors and
successors, to the honour of God, and the exaltation of Holy Church,
and the amendment of our realm, by the counsel of our venerable
fathers” Gualo and the other prelates and magnates enumerated. Of
course it began with the declaration which had already been, and was
to be again, so often made, and so often proved but an empty form:
“The English Church shall be free, and have her rights and liberties
entire and undisturbed;” but the recital in the first article of the
Great Charter of John’s grant, made to the Church before his quarrel
with the barons, of one special liberty--that of free election--was
omitted.[34] The clauses of John’s Charter regulating the reliefs due
from tenants-in-chief,[35] the wardship of heirs under age,[36] the
marriage of heirs and widows,[37] were reproduced with a few very
slight alterations, of which the most significant was an addition to
the clause relating to the custody of estates: that the obligations
laid down as binding on the guardian of a lay fief were to be binding
likewise on the custodian of a vacant ecclesiastical dignity, and
that a wardship of this kind was not to be bought or sold.[38] The
article protecting the King’s debtors and their sureties against
arbitrary distraint;[39] that which protected free tenants against
arbitrary requirement of service other than what was legally due
from their lands;[40] that which ordered common pleas to be held in
a fixed place instead of following the King;[41] the regulations for
taking recognitions of novel disseisin, mort d’ancester, and darrein
presentment;[42] the clause protecting men of all classes against the
infliction of arbitrary fines for offences;[43] the clauses which
forbade the exaction of contributions for bridge-building from persons
or places not legally bound thereto,[44] and the holding of pleas of
the Crown by sheriffs or other royal bailiffs,[45] the regulations
concerning ward-penny and castle-guard;[46] the royal promises to
seize no timber for building without the owner’s consent,[47] not to
withhold the lands of a convicted felon from his lord beyond a year and
a day,[48] to abolish all weirs except on the sea-coast,[49] to issue
no more writs of _praecipe_ in cases where a freeman might thereby
be deprived of the means of obtaining justice,[50] to grant writs of
inquisition concerning life or limb freely without payment,[51] to
cease from unjust interference with other men’s rights of wardship in
the case of heirs holding land of a mesne lord by military service and
other land of the Crown by some other tenure;[52] the clause ordaining
equal weights and measures to be used throughout the realm;[53] that
which forbade any man to be sent to the ordeal on the sole accusation
Public-domain text, read in full here on John Shaqi.
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