newal of the earliest
maxims of German personal freedom it combines a settlement of the
rights of the feudal Estates: on this twofold basis has the proud
edifice of the English constitution been erected. Before all things
the lay nobles sought to secure themselves against the misuse of the
King's authority in his feudal capacity, and as bound up with the
supreme jurisdiction; but the rights of the Church and of the towns
were also guaranteed. It was especially by forced collections of
extraordinary aids that King John had harassed his Estates: since they
could no longer put up with this, and yet the crown could not dispense
with extraordinary resources, a solution was found by requiring that
such aids should not be levied except with the consent of the Great
Council, which consisted of the lords spiritual and temporal. They
tried to set limits to the arbitrary imprisonments that had been
hitherto the order of the day, by definite reference to the law of the
land and the verdict of sworn men. But these are just the weightiest
points on which personal freedom and security of property rest; and
how to combine them with a strong government forms the leading problem
for all national constitutions.

Two other points in this document deserve notice. In other countries
also at this epoch emperors and kings made very comprehensive
concessions to the several Estates: the distinctive point in the case
of England is, that they were not made to each Estate separately, but
to all at the same time. While elsewhere each Estate was caring for
itself, here a common interest of all grew up, which bound them
together for ever. Further, the Charter was introduced in conscious
opposition to the supreme spiritual power also; the principles which
lay at the very root of popular freedom breathed an anti-Romish
spirit.

Yet it was far from possible to regard them as being fully
established. There were also conditions contained in the Charter, by
which the legal and indispensable powers of the King's government were
impaired: the barons even formed a controlling power as against the
King. It could not be expected that King John, or any of his
successors, would let this pass quietly. And besides, was not the Pope
able to do away with the obligation of which he disapproved? We still
possess the first draft of the Charter, which presents considerable
variations from the document in its final form, among others the
following. According to the draf