These two features gave the English Parliament a peculiar strength in its struggle with the Throne. The document in question was Magna Carta, the Great Charter, a declaration which was forced from King John (1199-1216), the brother and successor of Richard Cœur de Lion (1189-99) after a revolt of the Barons in 1215. It rehearsed a number of fundamental rights that made England a legal and not a regal state. It rejected the power of the king to control the personal property and liberty of every sort of citizen—save with the consent of that man's equals.
The presence of the elected shire representatives in the English Parliament, the second peculiarity of the British situation, came about from very simple and apparently innocuous beginnings. From the shires, or county divisions, knights seem to have been summoned to the national council to testify to the taxable capacity of their districts. They were sent up by the minor gentry, freeholders and village elders of their districts as early as 1254, two knights from each shire. This idea inspired Simon de Montfort,[1] who was in rebellion against Henry III, the successor of John, to summon to the national council two knights from each shire and two citizens from each city or borough. Edward I, the successor to Henry III, continued this practice because it seemed a convenient way of getting into financial touch with the growing towns. At first there was considerable reluctance on the parts of the knights and townsmen to attend Parliament, but gradually the power they possessed of linking the redress of grievances with the granting of subsidies was realized. Quite early, if not from the first, these representatives of the general property owners in town and country, the Commons, sat and debated apart from the great Lords and Bishops. So there grew up in England a representative assembly, the Commons, beside an episcopal and patrician one, the Lords. There was no profound and fundamental difference between the personnel of the two assemblies; many of the knights of the shire were substantial men who might be as wealthy and influential as peers and also the sons and brothers of peers, but on the whole the Commons was the more plebeian assembly. From the first
- ↑ This is not the same Simon de Montfort as the leader of the crusades against the Albigenses, but his son.