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 deliberately violated the provisions of the Charter, in order to raise money to waste in his foolish foreign wars or on his court circle of French favorites.
Finally (1258), a body of armed barons, led by Simon de Montfort, Earl of Leicester, forced the King to summon a Parliament at Oxford. There a scheme of reform, called the “Provisions of Oxford,” was adopted (S209). By these Provisions, which Henry swore to observe, the government was practically taken out of the King’s hands,—at least as far as he had power to do mischief,—and entrusted to certain councils or committees of state.
A few years later, Henry refused to abide by the Provisions of Oxford, and civil war broke out. De Montfort, Earl of Leicester, gained a decisive victory at Lewes, and captured the King. The Earl then summoned a National Council, made up of those who favored his policy of reform (S213). This was the famous Parliamnet of 1265. To it De Montfort summoned: (1) a small number of barons; (2) a large number of the higher clergy; (3) two knights, or country gentlemen, from each shire; (4) two burghers, or citizens, from every town.
The knights of the shire had been summoned to Parliamnet before;[2] but this was the first time that the towns had been invited to send representatives. By that act the Earl set the example of giving the people at large a fuller share in the government than they had yet had. To De Montfort, therefore, justly belongs the glory of being “the founder of the House of Commons.” His work, however, was defective (S213); and owing, perhaps, to his death shortly afterwards at the battle of Evesham (1265), the regular and continuous representation of the towns did not begin until thirty years later.