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 judgement 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 King’s Court 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 the Second 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 a provision on which our constitutional system rests.
“No scutage or aid [other than the three customary
feudal aids] 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. The provision
defined what had probably been the common usage of
the realm; but the definition turned it into a national
right, a right so momentous that on it rests our whole
Parliamentary life. Even the baronage seem to
have been startled when they realized the extent of
their claim; and the provision was dropped from the
later issue of the Charter at the outset of the next
reign. But the clause brought home to the nation
at large their possession of a right which became
dearer as years went by. More and more clearly
the nation discovered that in these simple words lay
the secret of political power. It was the right
of self-taxation that England fought for under Earl
Simon as she fought for it under Hampden. It was
the establishment of this right which established
English freedom.
The rights which the barons claimed for themselves they claimed for the nation at large. The boon of free and unbought justice was a boon for all, but a special provision protected the poor. The forfeiture of the freeman on conviction of felony was never to include his tenement, or that of the merchant his wares, or that of the countryman, as Henry the Second had long since ordered, his wain. The means of actual livelihood were to be left even to the worst. The seizure of provisions, the exaction of forced labour, by royal officers was forbidden; and the abuses of the forest system were checked by a clause which disafforested all forests made in John’s reign.