Effigy of a knight in the Temple Church, London, showing armour worn between 1190 and 1225.
15. The Struggle between John and the Barons. 1214—1215. When John returned he called upon all his vassals who had remained at home to pay an exorbitant scutage. In reply they met at Bury St. Edmunds. The charter of Henry I., which had been produced at St. Paul's the year before, was again read, and all present swore to force John to accept it as the rule of his own government. John asked for delay, and attempted to divide his antagonists by offering to the clergy the right of free election to bishoprics and abbacies. Then he turned against the barons. Early in 1215 he brought over a large force of foreign mercenaries, and persuaded the Pope to threaten the barons with excommunication. His attempt was defeated by the constancy of Stephen Langton. The demands of the barons were placed in writing by the archbishop, and, on John's refusal to accept them, an army was formed to force them on the king. The army of God and the Holy Church, as it was called, grew rapidly. London admitted it within its walls, and the accession of London to the cause of the barons was a sign that the traders of England were of one mind with the barons and the clergy. John found that their force was superior to his own, and at Runnimede on June 15, 1215, confirmed with his hand and seal the articles of the barons, with the full intention of breaking his engagement as soon as he should be strong enough to do so.
16. Magna Carta. 1215.—Magna Carta, or the Great Charter, as the articles were called after John confirmed them, was won by a combination between all classes of freemen, and it gave rights to them all.
(a) Its Concessions.—The Church was to be free, its privileges were to be respected, and its right to free elections which John had granted earlier in the year was not to be infringed on. As for the laity, the tenants-in-chief were to pay only fixed reliefs when they entered on their estates. Heirs under age were to be the king's wards, but the king was to treat them fairly, and do nothing to injure their land whilst it was in his hands. The king might continue to find husbands for heiresses and wives for heirs, but only amongst those of their own class. The tenants-in-chief again were bound to pay aids to the king when he needed ransom from imprisonment, or money to enable him to bear the expenses of knighting his eldest son or of marrying his eldest daughter. For all other purposes the king could only demand supplies from his tenants-in-chief with the consent of the Common Council of the realm. As only the tenants-in-chief were concerned, this Common Council was the Great Council of tenants-in-chief, such as had met under the Norman and Angevin kings. A fresh attempt, however, was made to induce the smaller tenants-in-chief to attend, in addition to the bishops, abbots, and barons, by a direction that whilst these were to be summoned personally, the sheriffs should in each county issue a general summons to the smaller tenants-in-chief. Though the sub-tenants had no part in the Common Council of the realm, they were relieved by a direction that they should pay no more aids to their lords than their lords paid to the king, and by a general declaration that all that had been granted to their lords by the king should be allowed by their lords to them. The Londoners and other townsmen had their privileges assured to them; and all freemen were secured against heavy and irregular penalties if they committed an offence.
(b) Its Securities.—Such were the provisions of this truly national act, which Englishmen were for ages engaged in maintaining and developing. The immediate question was how to secure what had been gained. The first thing necessary for this purpose was to make the courts of law the arbitrators between the king and his subjects. In a series of articles it was declared that the sworn testimony of a man's peers should be used whenever fines or penalties were imposed, and this insistence on the employment of the jury system as it then existed was emphasised by the strong words to which John placed his seal: "No freeman may be taken, or imprisoned, or disseised, or outlawed, or banished, or in any way destroyed, nor will we go against him, or send against him, except by the lawful judgment of his peers, or by the law of the land. To none will we sell or deny or delay right or justice." It was a good security if it could be maintained, but it would avail nothing against a king who was willing and able to use force to set up the old tyranny once more. In the first place John must dismiss all his foreign mercenaries. So little, however, was John trusted that it was thought necessary in the second place to establish a body of twenty-five—twenty-four barons and the Mayor of London—which was to guard against any attempt of the king to break his word. If John infringed upon any of the articles of the Charter the twenty-five, with the assistance of the whole community of the kingdom, had the right of distraining upon the king's lands till enough was obtained to make up the loss to the person who had suffered wrong. In other words, there was to be a permanent organisation for making war upon the king.