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]

[1] This is the modern method of raising a subject (e.g. the poet, Alfred Tennyson) to the peerage.  It marks the fact that from the thirteenth century the ownership of land was no longer considered a necessary condition of nobility; and that the peerage was gradually developing into the five degrees, which were completed in 1440, in the following ascending order:  barons, viscounts, earls, marquises, dukes.

264.  Land Laws.

During this period important laws (De Donis, or Entail, and Quia Emptores) respecting land were passed, which had the effect of keeping estates in families, and also of preventing their possessors from evading their feudal duties to the King.  At the same time the Statute of Mortmain (a restriction on the acquisition of land by the Church, which was exempt from paying certain feudal dues) was imposed to prevent the King’s revenue from being diminished.

II.  Religion

265.  Restriction of Papal Power.

During the Angevin period the popes endeavored to introduce the canon law (a body of ordinances consisting mainly of the decisions of Church councils and popes) into England, with the view of making it supreme; but the Parliament of Merton refused to accept it, saying, “We will not change the laws of England.”