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.
Later in the period the knights of the shire joined the representatives from the towns in forming a distinct body in Parliament, sitting by themselves under the name of the House of Commons. They asserted their right to assent to legislation, and (1376) they exercised hte right of impeaching before the House of Lords government officers guilty of misuse of power. Somewhat later (1407) they obtained the sole right to originate "Money Bills," that is, grants or appropriations of money for public purposes or for the King's use.
263. New Class of Barons.
Under Henry III other influential men of the realm, aside from the barons, who were tenants in chief, began to be summoned to the King's council. These were called "barons by writ." Later (under Richard II), barons were created by open letters bearing the royal seal, and were called "barons by patent."[1]