[2] Edward I limited the jurisdiction of the Church courts to purely spiritual cases, such as heresy and the like; but the work which he, following the example of Henry II, had undertaken was not fully accomplished until the fifteenth century.

The greatest result springing from Henry’s efforts was the training of the people in public affairs, and the definitive establishment of that system of Common Law which regards the people as the supreme source of both law and government, and which is directly and vitally connected with the principle of representation and of trial by jury.[3]

[3] See Green’s “Henry II,” in the English Statesmen Series.

9.  Rise of Free Towns.

While these important changes were taking place, the towns were growing in population and wealth (S183).  But as these towns occupied land belonging either directly to the King or to some baron, they were subject to the authority of one or the other, and so possessed no real freedom.  In the reign of Richard I many towns purchased certain rights of self-government from the King.[1] This power of controlling their own affairs greatly increased their prosperity, and in time, as we shall see, secured them a voice in the management of the affairs of the nation.

[1] See S183.

10.  John’s Loss of Normandy; Magna Carta.

Up to John’s reign many barons continued to hold large estates in Normandy, in addition to those they had acquired in England; hence their interests were divided between the two countries.  Through war John lost his French possessions (S191).  Henceforth the barons shut out from Normandy came to look upon England as their true home.  From Henry II’s reign the Normans and the English had been gradually mingling; from this time they became practically one people.  John’s tyranny and cruelty brought their union into sharp, decisive action.  The result of his greed for money, and his defiance of all law, was a tremendous insurrection.  Before this time the people had always taken the side of the King against the barons; now, with equal reason, they turned about and rose with the barons against the King.

Under the guidance of Archbishop Langton, barons, clergy, and people demanded reform.  The Archbishop brought out the half-forgotten 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.