The History of England in Three Volumes, Vol. I., Part A.: From the Britons of Early Times to King John
David Hume · en
moneyage, and of levying taxes at pleasure on the farms which the barons
retained in their own hands:[**] he made some general professions of
moderating fines: he offered a pardon for all offences; and he remitted
all debts due to the crown: he required that the vassals of the barons
should enjoy the same privileges which he granted to his own barons; and
he promised a general confirmation and observance of the laws of King
Edward. This is the substance of the chief articles contained in that
famous charter.[***]
[* Chron. Sax. p. 208. Sim. Dunelm. p. 225.]
[** See Appendix II.]
[*** Mr Paris, p. 38. Hoveden, p. 468. Brompton, p. 1021.
Haguistadt, p. 310.]
To give greater authenticity to these concessions, Henry lodged a copy
of his charter in some abbey of each county, as if desirous that
it should be exposed to the view of all his subjects, and remain a
perpetual rule for the limitation and direction of his government: yet
it is certain that, after the present purpose was served, he never once
thought, during his reign, of observing one single article of it; and
the whole fell so much into neglect and oblivion, that, in the following
century, when the barons, who had heard an obscure tradition of it,
desired to make it the model of the Great Charter which they exacted
from King John, they could with difficulty find a copy of it in the
kingdom. But as to the grievances here meant to be redressed, they were
still continued in their full extent; and the royal authority, in all
those particulars, lay under no manner of restriction. Reliefs of heirs,
so capital an article, were never effectually fixed till the time of
Magna Charta;[*] and it is evident that the general promise here given,
of accepting a just and lawful relief, ought to have been reduced to
more precision, in order to give security to the subject. The oppression
of wardship and marriage was perpetuated even till the reign of Charles
II.; and it appears from Glanville,[**] the famous justiciary of Henry
II., that in his time, where any man died intestate--an accident which
must have been very frequent when the art of writing was so little
known--the king, or the lord of the fief, pretended to seize all the
movables, and to exclude every heir, even the children of the deceased;
a sure mark of a tyrannical and arbitrary government.
[* Glanv. lib. ii. cap. 36.]
[** Lib. vii. cap. 15.]