charter of Henry I (S135, note 1). This now furnished a model for
Magna Carta, or the "Great Charter of the Liberties of England."[2]
[2] Magna Carta: see SS195-202; and see Constitutional Documents,
p.xxix.
It contained nothing that was new in principle. It was simply a
clearer, fuller, stronger statement of those "rights of Englishmen
which were already old."
John, though wild with rage, did not dare refuse to affix his royal
seal to the Great Charter of 1215. By doing so he solemnly
guaranteed: (1) the rights of the Church; (2) those of the barons;
(3) those of all freemen; (4) those of the villeins, or farm
laborers. The value of this charter to the people at large is shown
by the fact that nearly one third of its sixty-three articles were
inserted in their behhalf. Of these articles the most important was
that which declared that no man should be deprived of liberty or
property, or injured in body or estate, save by the judgment of his
equals or by the law of the land.
In regard to taxation, the Charter provided that, except the customary
feudal "aids,"[3] none should be levied unless by the consent of the
National Council. Finally, the Charter expressly provided that
twenty-five barons--one of whom was mayor of London--should be
appointed to compel the King to carry out his agreement.
[3] For the three customary feudal aids, see S150.
11. Henry III and the Great Charter; the Forest Charter; Provisions of
Oxford; Rise of the House of Commons; Important Land Laws.
Under Henry III the Great Charter was reissued. But the important
articles which forbade the King to levy taxes except by consent of the
National Council, together with some others restricting his power to
increase his revenue, were dropped, and never again restored.[1]
[1] See Stubbs's "Select Charters" (Edward I), p.484; but compare note
I, p.443.
On the other hand, Henry was obliged to issue a Forest Charter, based
on certain articles of Magna Carta, which declared that no man should
lose life or limb for hunting in the royal forests.
Though the Great Charter was now shorn of some of its safeguards to
liberty, yet it was still so highly prized that its confirmation was
purchased at a high price from successive sovereigns. Down to the
second year of Henry VI's reign (1423) we find that it had been
confirmed no less than thirty-seven times.
Notwithstanding his solemn oath (S210), the vain and worthless
Henry III
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