All
merchants to have the right to enter and leave the kingdom without
paying exorbitant tolls for the privilege.
5. Forest laws to be justly enforced.
6. The charter to be carried out by twenty-five barons together with
the mayor of London.
This document marks the beginning of a written constitution, and it
proved of the highest value henceforth in securing good government.
It was confirmed thirty-seven times by subsequent kings and
parliaments, the confirmation of this and previous charters by
Edward I in 1297 being of especial importance.
262. Rise of the House of Commons.
In 1265, under Henry III, through the influence of Simon de Montfort,
two representatives from each city and borough, or town, together with
two knights of the shire, or country gentlemen, were summoned to meet
with the Lords and Clergy in the Great Council, or Parliament; but the
House of Commons did not become a permanent body until the Model
Parliament of 1295 was summoned. From that time the body of the
people began to have a permanent voice in making the laws.
Later in the period the knights of the shire joined the
representatives from the towns in forming a distinct body in
Parliament, sitting by themselves under the name of the House of
Commons. They asserted their right to assent to legislation, and
(1376) they exercised hte right of impeaching before the House of
Lords government officers guilty of misuse of power. Somewhat later
(1407) they obtained the sole right to originate "Money Bills," that
is, grants or appropriations of money for public purposes or for the
King's use.
263. New Class of Barons.
Under Henry III other influential men of the realm, aside from the
barons, who were tenants in chief, began to be summoned to the King's
council. These were called "barons by writ." Later (under Richard
II), barons were created by open letters bearing the royal seal, and
were called "barons by patent."[1]
[1] This is the modern method of raising a subject (e.g. the poet,
Alfred Tennyson) to the peerage. It marks the fact that from the
thirteenth century the ownership of land was no longer considered a
necessary condition of nobility; and that the peerage was gradually
developing into the five degrees, which were completed in 1440, in the
following ascending order: barons, viscounts, earls, marquises, dukes.
264. Land Laws.
During this period important laws (De Donis, or Entail, and Quia
Emptores) respecting land
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