Arthur William Holland

“ The object of this was clearly to restrain John from arbitrary proceedings against his free subjects. The principle of judgment by one’s peers is asserted, and is obviously the privilege of every class of freemen, not of the greater lords alone.
Chapter XL. simply says, “To no one will we sell, to no one will we refuse or delay, right or justice.” ”

“ The story of Magna Carta after the death of John is soon told. On the 12th of November 1216 the regent William Marshal, earl of Pembroke, reissued the charter in the name of the young king Henry III. But important alterations were made. War was being waged against Louis of France, and the executive must not be hampered in the work of raising money; moreover the personal equation had disappeared, the barons did not need to protect themselves against John. ”

“ Greatly needing money for his campaign, John ordered another scutage to be taken from his tenants; this, moreover, was to be at the unprecedented rate of three marks on the knight’s fee, not as on previous occasions of two marks, although this latter sum had hitherto been regarded as a very high rate. The northern barons refused to pay, and the gathering forces of resistance received a powerful stimulus when a little later came the news of the king’s humiliation at Bouvines. Then in October the beaten monarch returned to England, no course open to him but to bow before the storm. ”

“ On the death of her husband a widow must receive her rightful inheritance, without delay or hindrance. Moreover she must not be compelled to marry, a proceeding sometimes adopted to get her lands into the possession of a royal minion.
Chapter IX. is intended to prevent the king from collecting the money owing to him in an oppressive manner.
Now for a short time the document leaves the great questions at issue between the king and the barons, and two chapters are devoted to protecting the people generally against the exactions of the Jews. ”

“ In future attendance at the forest courts is only obligatory on those who have business thereat.
Chapter XLV. says that the royal officials must know something of the law and must be desirous of keeping it.
Chapter XLVI. gives to the founders of religious houses the right of acting as guardians of such houses when they are without heads.
Chapters XLVII. and XLVIII. deal again with the great grievance of the royal forests. John undertakes to disforest all forests which have been made in his time, and also to give up such river banks as he has seized for his own use when engaged in sport. ”

“ Chapter XXXVI. promises that in future writs of inquisition shall be granted freely without payment of any kind. This kind of writ allowed a man to refer the question of his guilt or innocence to the verdict of his neighbours instead of proving his innocence by the duel. ”