Page:EB1911 - Volume 17.djvu/331

 Then follows a series of chapters intended to restrain the king from raising money by the harsh and arbitrary methods adopted in the past. These chapters, however, only afforded protection to the tenants-in-chief of the crown, and it is clear from their prominent position that the framers of the charter regarded them as of paramount importance.

Chapter II. fixes the amount of the relief to be paid to the king by the heir of any of his vassals. Previously John, disregarding the custom of the past, had taken as much as he could extort. Henceforward he who inherits a barony must pay £100, he who inherits a knight’s fee 100 shillings or less, and for smaller holdings less “according to the ancient custom of fiefs.”

Chapters III. to VI. deal with the abuses of the king’s privilege of acting as guardian of minors and their lands. Money must not be extorted from a ward when he receives his inheritance. The guardian or his servant must not take from the ward’s property more than a reasonable amount for his expenses and the like; on the contrary he must maintain the houses, estates and other belongings in a proper state of efficiency. A ward must be allowed a reasonable liberty in the matter of marriage. He or she must not, as had been so often the case in the past, be forced to marry some royal favourite, or some one who had paid a sum of money for the privilege.

Chapters VII. and VIII. are for the protection of the widows of tenants-in-chief. On the death of her husband a widow must receive her rightful inheritance, without delay or hindrance. Moreover she must not be compelled to marry, a proceeding sometimes adopted to get her lands into the possession of a royal minion.

Chapter IX. is intended to prevent the king from collecting the money owing to him in an oppressive manner.

Now for a short time the document leaves the great questions at issue between the king and the barons, and two chapters are devoted to protecting the people generally against the exactions of the Jews.

Chapter X. declares that money borrowed from the Jews shall not bear interest during a minority.

Chapter XI. provides for the repayment of borrowed money to the Jews, and also to other creditors. This, however, is only to be done after certain liabilities have been met out of the estate, including the services due to the lord of the land.

Having thus disposed of this matter, the grievances of the barons are again considered, the vexed question of scutage being dealt with.

Chapter XII. says that in future no scutage or aid, beyond the three recognized feudal aids, shall be levied except by the consent of the general council of the nation (commune concilium regni nostri), while the three recognized aids shall only be levied at a reasonable rate. In dealing with this matter the Articles of the Barons had declared that aids and tallages must not be taken from the citizens of London and of other places without the consent of the council. This provision was omitted from Magna Carta, except so far as it related to aids from the citizens of London. This chapter does not give the people the right to control taxation. It gives to the men interested a certain control over one form of taxation, and protects one class only from arbitrary exactions, and that class the most powerful and the most wealthy.

Chapter XIII. gives to the citizens of London all their ancient liberties and free customs.

Chapter XIV. provides for the assembly of the council when its consent is necessary for raising an aid or a scutage. Individual summonses must be sent to the prelates and greater barons, while the lesser barons will be called together through the sheriffs and bailiffs. At least forty days’ notice of the meeting must be given, and the cause thereof specified. No chapter corresponding to this is found in the Articles and none was inserted in the reissues of Magna Carta. It is very interesting, but it does not constitute any marked advance in the history of parliament, as it merely expresses the customary method of summoning a council. It does not, as has been sometimes asserted, in any way establish a representative system, as this is understood to-day.

Chapter XV. extends the concessions obtained by the greater barons for themselves to the lesser landholders, the tenants of the tenants-in-chief.

Chapter XVI. declares that those who owe military service for their lands shall not be called upon to perform more than the due amount of such service.

We now come to an important series of articles which deal with abuses in the administration of justice. Henry II. made the royal courts of law a lucrative source of revenue, but he gave protection to suitors. Under his sons justice was equally, perhaps more, costly, while adequate protection was much harder to obtain. Here were many grievances, and the barons set to work to redress them.

Chapter XVII. declares that common pleas must henceforward be heard in a fixed place. This had already been to some extent the practice when this class of cases was heard; it was now made the rule. From this time suitors in this court were not put to the expense and inconvenience of following the king from place to place.

Chapters XVIII. and XIX. deal with the three petty assizes, three kinds of cases regarding disputes about the possession of land. These must be heard in the county courts before two visiting justices and four knights of the shire. The hardship of attendance at the county courts was to some extent obviated.

Chapters XX. to XXII. regulate the amount of fines imposed for offences against the law. Property necessary for one’s livelihood must not be taken. The fines must only be imposed by the oath of honest men of the neighbourhood. In the same way earls and barons must only be fined by their peers, and a similar privilege is extended to the clergy, who, moreover, were not to be fined in accordance with the value of their benefices, but only of their other property. It should be noticed that trial by one’s peers, as understood in Magna Carta, is not confined to the nobility; in every class of society an accused man is punished in accordance with the verdict of his peers, or equals.

Chapter XXIII. asserts that persons shall not be compelled to make bridges, unless they are bound to do so by ancient custom. John had oppressed his subjects in this way before he visited a district for purposes of sport, and the hardship was a real one.

Chapter XXIV. declared that the sheriffs and other officers of the king must not hold the pleas of the crown. This was intended to remove an old and serious evil, as the sheriffs had earned a very bad reputation by their methods of administering justice.

Chapter XXV. also concerns the sheriffs. It prevents the king from increasing by their agency the amount of money annually due to him from the various counties and hundreds. The custom was for the king to get a fixed sum from the sheriff of each county, this being called the firma comitatus, and for the sheriff to collect this as best he could. Henceforward this amount must not be raised.

Chapters XXVI. and XXVII. were intended to protect the property of deceased persons, and also to secure the full payment of debts due therefrom to the crown. Other creditors were also protected, and the property of an intestate must be distributed to his heirs under the supervision of the church.

Chapter XXVIII. strikes a blow at the custom of purveyance. Royal officials must pay for the corn and provisions which they take on behalf of the king.

Chapter XXIX. says knights must not be compelled to give money instead of performing castle-guard, if they are willing to perform this service. Castle-guard was the liability incumbent on the holders of some estates to serve in the garrison of the royal castles. The constables of these castles had adopted the custom of compelling these landholders to give money and not service, mercenaries being then hired to perform this.

Chapters XXX. and XXXI. forbid the royal officials to seize the horses or carts of freemen for transport duty, or to take wood for the king’s buildings.

Chapter XXXII. says that the lands of convicted felons shall be handed over to the lords of such lands and not kept by the king beyond a year and a day. In cases of treason the king had a right to the forfeited lands, but he was not allowed to establish a similar right in cases of felony.

Chapter XXXIII. provided for the removal of kydells, or weirs, from all English rivers. This was intended to give greater freedom to inland navigation, the rivers being the main highways of trade.

Chapter XXXIV. limits the use of the writ known as Praecipe. This writ was one transferring cases concerning the ownership of property from the courts of the feudal lords to those of the king. This custom, which owes its origin to Henry II., meant a loss of revenue to the lords, whose victory in this matter, however, was a step backwards. It checked temporarily the process of centralizing the administration of justice.

Chapter XXXV. provides for the uniformity of weights and measures throughout the kingdom.

Chapter XXXVI. promises that in future writs of inquisition shall be granted freely without payment of any kind. This kind of writ allowed a man to refer the question of his guilt or innocence to the verdict of his neighbours instead of proving his innocence by the duel.

Chapter XXXVII. prevents the king from administering certain kinds of land when these fall into the possession of minors. In the past John had evidently stretched his authority and seized lands over which others had really the right of wardship.

Chapter XXXVIII. prevents a bailiff from compelling an accused man to submit to the ordeal without the approval of credible witnesses.

Chapter XXXIX. is more important and the English rendering of it may be given in full. “No freeman shall be arrested, or detained in prison, or deprived of his freehold, or outlawed, or banished, or in any way molested; and we will not set forth against him, nor send against him, unless by the lawful judgment of his peers and by the law of the land.” The object of this was clearly to restrain John from arbitrary proceedings against his free subjects. The principle