ENGLAND 621 their places on the condition of discharging their obligations. There were not many of this last class of holders at the commencement of the 13th century. The conquered towns had passed into the hands of the Normans, but had obtained a certain degree of freedom by purchase, and also by charters, yet were liable to be specially taxed for the benefit of their lords. Such was the condition of England when John became king and carried the or- dinary Norman tyranny to an extent that never was thought of by any of the preceding kings. A council of barons and prelates was held in 1213, at which Langton, archbishop of Canterbury, brought forward a charter of Henry I., which was well received. Another council was held in 1214-'15, which extorted Magna Charta from the king. The charter itself is dated June 15, 1215, but the conference was not concluded until the 19th. The great charter, one of the landmarks of the history of freedom, laid the foundation of the English constitution in its broad and definite sense. It was renewed, with some omissions, in the reign of Henry III., who also granted the charter of the forest, modifying the forest laws. These charters were renewed five times in the same reign. The charter of Henry III. has been 30 times confirmed. The most remarkable of these confirmations was in the 25th year of Edward I. The govern- ment, as established in the 13th century, pro- vided for a hereditary monarch with limited powers, taxation by parliament, punishment to be inflicted only after lawful trial, the ces- sation of arbitrary fines and imprisonment, trial by jury, and justice without price or de- lay. Parliament attained the distinctive char- ter which it has had for more than 600 years 1265, when borough representation was 3ated. Knights of the shire were earlier immoned to the great council, and it was the itention of those who framed Magna Charta mt cities and boroughs should be represented ; it 50 years elapsed before their plan was car- 3d out. Councils without burgesses continued meet for some time after the establishment parliament. That England obtained a sym- ^etrical constitution in the 13th century, or that she has ever had anything of the kind, is not pretended by the most partial vindicators of her polity ; but it is claimed, with strict justice, that then she became distinctly a free state, and that since that time she has been )le to maintain liberty and order to an ex- int, and for a length of time, unknown to any "ler country. Monarchs and ministers fre- juently disregarded the restraints placed on them by the laws, but not even the most ar- bitrary of kings or the most reckless of minis- ters has ever gone beyond a certain line, save to be destroyed. The constitution continued to develop itself, and early in the 14th century we find the house of commons a great admitted power in the state. In the reign of Edward III. this body complained of the conduct of the king's ministers, and in 1376 the first impeach- ment by the commons took place. In the affairs of war and peace the commons were then often consulted. It was provided that there should be frequent sessions of parliament, and 48 were held in the reign of Edward III. The minority of Eichard II., and his weakness when he became of age, favored the growth of the power of the commons. That king sought to _"pack" the house in 1398, a plain proof of its consequence. Parliament aided to de- pose Richard II., and to confer the crown on Henry IV., over the superior claim of the line of Clarence. Hallam, speaking of things as they were at the close of the 14th cen- tury, says : " Of the three capital points in contest while Edward III. reigned 1, that money could not be levied ; 2, or laws enacted without the commons' consent; and 3, that the administration of government was subject to their inspection and control the first was absolutely decided in their favor, the second was at least perfectly admitted in principle, and the last was confirmed by frequent exer- cise." In the 9th year of Henry IV. it was recognized that all money bills must originate in the lower house, and that the king should not take cognizance of the subject of that body's deliberations until it had decided upon it, and brought its decision before him regu- larly. Freedom of speech was reluctantly allowed by the sovereign, and Henry IV. did what he could to prevent it ; and in the reign of Henry VI. a member of the commons was imprisoned because of a motion he had made ; but as that motion related to the succession to the throne, and was made not long before the outbreak of the wars of the roses, perhaps the severity exercised toward him was owing to the jealousy which the Lancastrians felt toward the Yorkists. Members were then first privileged from arrest. Laws were passed to lessen the influence of the crown in elec- tions, and to determine the qualifications of voters and representatives. At this time the desire to enter parliament was commonly felt, whereas in the preceding century it had been found necessary to enforce the election of rep- resentatives, while electors complained of the burden of paying members. The wars be- tween the houses of York and Lancaster raised the consequence of the house of commons, as each party had to appeal to that body, and employ the power of parliament against its enemies. In 23 Henry VI. it was sought to provide that knights of the shire should be of gentle birth, but the law could not be enforced. There was a strong hereditary aristocracy; "but," says Macaulay, "it was of all heredi- tary aristocracies the least insolent and exclu- sive. It had none of the invidious character of a caste. It was constantly receiving mem- bers from the people, and constantly sending down members to mingle with the people. Any gentleman might become a peer. The younger son of a peer was but a gentleman.
