Effigy of a knight in the Temple Church, London, showing armour worn between 1190 and 1225. in 1215 he brought over a large force of foreign mercenaries, and persuaded the Pope to threaten the barons with excommunication. His attempt was defeated by the constancy of Stephen Langton. The demands of the barons were placed in writing by the archbishop, and, on John's refusal to accept them, an army was formed to force them on the king. The army of God and the Holy Church, as it was called, grew rapidly. London admitted it within its walls, and the accession of London to the cause of the barons was a sign that the traders of England were of one mind with the barons and the clergy. John found that their force was superior to his own, and at Runnimede on June 15, 1215, confirmed with his hand and seal the articles of the barons, with the full intention of breaking his engagement as soon as he should be strong enough to do so. 16. Magna Carta. 1215.-Magna Carta, or the Great Charter, as the articles were called after John confirmed them, was won by a combination between all classes of freemen, and it gave rights to them all. (a) Its Concessions.-The Church was to be free, its privileges were to be respected, and its right to free elections which John had granted earlier in the year was not to be infringed on. As for the laity, the tenants-in-chief were to pay only fixed reliefs when they entered on their estates. Heirs under age were to be the king's wards, but the king was to treat them fairly, and do 1215 THE GREAT CHARTER 183 nothing to injure their land whilst it was in his hands. The king might continue to find husbands for heiresses and wives for heirs, but only amongst those of their own class. The tenants-in-chief again were bound to pay aids to the king when he needed ransom from imprisonment, or money to enable him to bear the expenses of knighting his eldest son or of marrying his eldest daughter. For all other purposes the king could only demand supplies from his tenants-in-chief with the consent of the Common Council of the realm. As only the tenants-in-chief were concerned, this Common Council was the Great Council of tenants-in-chief, such as had met under the Norman and Angevin kings. A fresh attempt, however, was made to induce the smaller tenants-in-chief to attend, in addition to the bishops, abbots, and barons, by a direction that whilst these were to be summoned personally, the sheriffs should in each county issue a general summons to the smaller tenants-in-chief. Though the sub-tenants had no part in the Common Council of the realm, they were relieved by a direction that they should pay no more aids to their lords than their lords paid to the king, and by a general declaration that all that had been granted to their lords by the king should be allowed by their lords to them. The Londoners and other townsmen had their privileges assured to them; and all freemen were secured against heavy and irregular penalties if they committed an offence. (b) Its Securities.-Such were the provisions of this truly national act, which Englishmen were for ages engaged in maintaining and developing. The immediate question was how to secure what had been gained. The first thing necessary for this purpose was to make the courts of law the arbitrators between the king and his subjects. In a series of articles it was declared that the sworn testimony of a man's peers should be used whenever fines or penalties were imposed, and this insistence on the employment of the jury system as it then existed was emphasised by the strong words to which John placed his seal: "No freeman may be taken, or imprisoned, or disseised, or outlawed, or banished, or in any way destroyed, nor will we go against him, or send against him, except by the lawful judgment of his peers, or by the law of the land. To none will we sell or deny or delay right or justice." It was a good security if it could be maintained, but it would avail nothing against a king who was willing and able to use force to set up the old tyranny once more. In the first place John must dismiss all his foreign mercenaries. So little, however, was John trusted that it was thought necessary in the second place to esta blish a body of twenty-five-twenty-four barons and the Mayor of London-which was to guard against any attempt of the king to break his word. If John infringed upon any of the articles of the Charter the twenty-five, with the assistance of the whole community of the kingdom, had the right of distraining upon the king's lands till enough was obtained to make up the loss to the person who had suffered wrong. In other words, there was to be a permanent organisation for making war upon the king. 1215-1216.--John 17. War between John and the Barons. waited for the moment of vengeance. Not only did he refuse to send his mercenaries away, but he sent to the Continent for large reinforcements. Pope Innocent declared the barons to be wicked rebels, and released John from his oath to the Great Charter. War soon broke out. John's mercenaries were too strong for the barons, and in the beginning of 1216 almost all England with the exception of London had been overrun by them. Though the Pope laid London under an interdict, neither the citizens nor the barons paid any attention to it. They sent to Louis, the eldest son of Philip of France, to invite him to come and be their king in John's stead. Louis was married to John's niece, and might thus be counted as a member of the English royal family. The time had not yet come when a man who spoke French was regarded as quite a foreigner amongst the English barons. On May 21, 1216, Louis landed with an army in the Isle of Thanet. 18. Conflict between Louis and John. 1216.-John, in spite of his success, found himself without sufficient money to pay his mercenaries, and he therefore retreated to Winchester. Louis entered London in triumph, and afterwards drove John out of Winchester. Innocent indeed excommunicated Louis, but no one took heed of the excommunication. Yet John was not without support. The trading towns of the East, who probably regarded Louis as a foreigner, took his part, and many of his old officials, to whom the victory of the barons seemed likely to bring back the anarchy of 1216 A BOY-KING 185 Stephen's time, clung to him. One of these, a high-spirited and strong-willed man, Hubert de Burgh, held out for John in Dover Castle. John kept the field and even won some successes. As he was crossing the Wash the tide rose rapidly and swept away his baggage. He himself escaped with difficulty. Worn out in mind and body, he was carried on a litter to Newark, where on October 19, 1216, he died. 1. Henry III. and Louis. 1216—1217.—Henry III., the eldest son of John, was but nine years old at his father's death. Never before had it been useful for England that the king should be a child. As Henry had oppressed no one and had broken no oaths, those who dared not trust the father could rally to the son. The boy had two guardians, one of whom was Gualo, the legate of Pope Honorius II., a man gentler and less ambitious than Innocent III., whom he had just succeeded; the other was William the Marshal, Earl of Pembroke, who had been constant to John, not because he loved his evil deeds, but because, like many of the older officials, he feared that the victory of the barons would be followed by anarchy. These two had on their side the growing feeling on behalf of English nationality; whereas, as long as John lived, his opponents had argued that it was better to have a foreign king like Louis than to have a king like John, who tyrannised over the land by the help of foreign mercenaries. Henry's followers daily increased, and in 1217 Louis was defeated by the Marshal at Lincoln. Later in the year Hubert de Burgh, the Justiciar, sent out a fleet which defeated a French fleet off Dover. Louis then submitted and left the kingdom. 2. The Renewal of the Great Charter. 1216-1217. --The principles on which William the Marshal intended to govern were signified by the changes made in the Great Charter when it was renewed on the king's accession in 1216, and again on Louis's expulsion in 1217. Most of the clauses binding the king to avoid oppression were allowed to stand; but those which prohibited the raising of new taxation without the authority of the Great Council; and the stipulation which established a body of twenty-five to distrain on John's property in case of the breach of the Charter, were omitted. Probably it was thought that there was less danger from Henry than there had been from John; but the acceptance of the compromise was mainly due to the feeling that, whilst it was desirable that the king should govern with moderation, it would be a dangerous experiment to put the power to control him in the hands of the barons, who might use it for their own advantage rather than for the advantage of the nation. The whole history of England for many years was to turn on the difficulty of weakening the power of a bad king without producing anarchy. 3. Administration of Hubert de Burgh. 1219-1232.-In 1219 William the Marshal died. For some years the government was mainly in the hands of Hubert de Burgh, who strenuously maintained the authority of the king over the barons, whilst at the same time he set himself distinctly at |