authority
defied by private riot were not much shocked when it was resisted in
defence of public freedom.
The Great Charter of John was secured by the election of twenty-five
barons as conservators of the compact. If the king, of the justiciary in
his absence, should transgress any article, any four might demand
reparation, and on denial carry their complaint to the rest of their
body. "And those barons, with all the commons of the land, shall
distrain and annoy us by every means in their power; that is, by seizing
our castles, lands, and possessions, and every other mode, till the
wrong shall be repaired to their satisfaction; saving our person, and
our queen and children. And when it shall be repaired they shall obey us
as before."[383] It is amusing to see the common law of distress
introduced upon this gigantic scale; and the capture of the king's
castles treated as analogous to impounding a neighbour's horse for
breaking fences.
A very curious illustration of this feudal principle is found in the
conduct of William earl of Pembroke, one of the greatest names in our
ancient history, towards Henry III. The king had defied him, which was
tantamount to a declaration of war; alleging that he had made an inroad
upon the royal domains. Pembroke maintained that he was not the
aggressor, that the king had denied him justice, and been the first to
invade his territory; on which account he had thought himself absolved
from his homage, and at liberty to use force against the malignity of
the royal advisers. "Nor would it be for the king's honour," the earl
adds, "that I should submit to his will against reason, whereby I should
rather do wrong to him and to that justice which he is bound to
administer towards his people; and I should give an ill example to all
men in deserting justice and right in compliance with his mistaken will.
For this would show that I loved my worldly wealth better than justice."
These words, with whatever dignity expressed, it may be objected, prove
only the disposition of an angry and revolted earl. But even Henry fully
admitted the right of taking arms against himself if he had meditated
his vassal's destruction, and disputed only the application of this
maxim to the earl of Pembroke.[384]
These feudal notions, which placed the moral obligation of allegiance
very low, acting under a weighty pressure from the real strength of the
crown, were favourable to constitutional liberty. The great vassal
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