184. THE GREAT CHARTER, 1215 A.D.
RICHARD I AND JOHN, 1189-1216 A.D.
The great Henry, from whose legal reforms English-speaking peoples receive benefit even to-day, was followed by his son, Richard, the Lion-hearted crusader. [6] After a short reign Richard was succeeded by his brother, John, a man so cruel, tyrannical, and wicked that he is usually regarded as the worst of English kings. In a war with the French ruler, Philip Augustus, John lost Normandy and some of the other English possessions on the Continent. [7] In a dispute with Innocent III he ended by making an abject submission to the Papacy. [8] Finally, John's oppressive government provoked a revolt, and he was forced to grant the charter of privileges known as Magna Carta.
[Illustration: Map, DOMINIONS OF THE PLANTAGENETS IN ENGLAND AND FRANCE]
WINNING OF MAGNA CARTA, 1215 A.D.
The Norman Conquest had made the king so strong that his authority could be resisted only by a union of all classes of the people. The feudal lords were obliged to unite with the clergy and the commons, [9] in order to save their honor, their estates, and their heads. Matters came to a crisis in 1215 A.D., when the nobles, supported by the archbishop of Canterbury, placed their demands for reform in writing before the king. John swore furiously that they were "idle dreams without a shadow of reason" and refused to make any concessions. Thereupon the nobles formed the "army of God and the Holy Church," as it was called, and occupied London, thus ranging the townspeople on their side. Deserted by all except the hired troops which he had brought from the Continent, John was compelled to yield. At Runnimede on the Thames, not far from Windsor, he set his seal to the Great Charter.
[Illustration: EXTRACT FROM THE GREAT CHARTER Facsimile of the opening lines. Four copies of Magna Carta, sealed with the great seal of King John, as well as several unsealed copies, are in existence. The British Museum possesses two of the sealed copies; the other two belong to the cathedrals of Lincoln and Salisbury, respectively.]
CHARACTER OF MAGNA CARTA
Magna Carta does not profess to be a charter of liberties for all Englishmen. Most of its sixty-three clauses merely guarantee to each member of the coalition against John—nobles, clergy, and commons—those special privileges which the Norman rulers had tried to take away. Very little is said in this long document about the serfs, who composed probably five-sixths of the population of England in the thirteenth century.
SIGNIFICANCE OF MAGNA CARTA
But there are three clauses of Magna Carta which came to have a most important part in the history of English freedom. The first declared that no taxes were to be levied on the nobles—besides the three recognized feudal aids [10]—except by consent of the Great Council of the realm. [11] By this clause the nobles compelled the king to secure their consent before imposing any taxation. The second set forth that no one was to be arrested, imprisoned, or punished in any way, except after a trial by his equals and in accordance with the law of the land. The third said simply that to no one should justice be sold, denied, or delayed. These last two clauses contained the germ of great legal principles on which the English people relied for protection against despotic kings. They form a part of our American inheritance from England and have passed into the laws of all our states.