to
security of person and property, to good government.
‘No freeman,’ ran the memorable article
that lies at the base of our whole judicial system,
’shall be seized or imprisoned, or dispossessed,
or outlawed, or in any way brought to ruin; we will
not go against any man nor send against him, save
by legal judgment of his peers or by the law of the
land.’ ‘To no man will we sell,’
runs another, ‘or deny, or delay, right or justice.’
The great reforms of the past reigns were now formally
recognized; judges of assize were to hold their circuits
four times in the year, and the Court of Common Pleas
was no longer to follow the King in his wanderings
over the realm, but to sit in a fixed place.
But the denial of justice under John was a small danger
compared with the lawless exactions both of himself
and his predecessor. Richard had increased the
amount of the scutage which Henry II. had introduced,
and applied it to raise funds for his ransom.
He had restored the Danegeld, or land tax, so often
abolished, under the new name of ‘carucage,’
had seized the wool of the Cistercians and the plate
of the churches, and rated movables as well as land.
John had again raised the rate of scutage, and imposed
aids, fines, and ransoms at his pleasure without counsel
of the baronage. The Great Charter met this abuse
by the provision on which our constitutional system
rests. With the exception of the three customary
feudal aids which still remained to the crown, ’no
scutage or aid shall be imposed in our realm save by
the Common Council of the realm;’ and to this
Great Council it was provided that prelates and the
greater barons should be summoned by special writ,
and all tenants in chief through the sheriffs and bailiffs,
at least forty days before. But it was less easy
to provide means for the control of a King whom no
man could trust, and a council of twenty-four barons
was chosen from the general body of their order to
enforce on John the observance of the Charter, with
the right of declaring war on the King should its
provisions be infringed. Finally, the Charter
was published throughout the whole country, and sworn
to at every hundred-mote and town-mote by order from
the King.—
Green’s Short History
of the English People, p. 123.
* * * *
*
APPENDIX D.
A PART OF THE BILL OF RIGHTS.
AN ACT FOR DECLARING THE RIGHTS AND LIBERTIES OF THE
SUBJECT, AND SETTLING THE SUCCESSION OF THE CROWN.
1689.
Whereas the Lords Spiritual and Temporal, and Commons,
assembled at Westminster, lawfully, fully, and freely
representing all the estates of the people of this
realm, did upon the thirteenth day of February, in
the year of our Lord one thousand six hundred eighty-eight
[o.s.],[44] present unto their Majesties, then called
and known by the names and style of William and Mary,
Prince and Princess of Orange, being present in their
proper persons, a certain Declaration in writing, made
by the said Lords and Commons, in the words following,
viz.: