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that no one is to be arrested or imprisoned or deprived of his property unless he be immediately sent before a court of his peers for trial. To realize the importance of this, we must recollect that in France, down to 1789, the king exercised such unlimited powers that he could order the arrest of any one he pleased, and could imprison him for any length of time without bringing him to trial, or even informing him of the nature of his offense. The Great Charter provided further that the king should permit merchants to move about freely and should observe the privileges of the various towns; nor were his officers longer to exercise despotic powers over those under them.

      "The Great Charter is the first great public act of the nation after it has realized its own identity, the consummation of the work for which unconsciously kings, prelates, and lawyers have been laboring for a century. There is not a word in it that recalls the distinctions of race and blood, or that maintains the differences of English and Norman law. It is in one view the summing up of a period of national life, in another the starting-point of a new period, not less eventful than that which it closes" (Stubbs).

      In spite of his solemn confirmation of the Charter, John, with his accustomed treachery, made a futile attempt to abrogate his engagements; but neither he nor his successors ever succeeded in getting rid of the document. Later there were times when the English kings evaded its provisions and tried to rule as absolute monarchs. But the people always sooner or later bethought them of the Charter, which thus continued to form an effective barrier against permanent despotism in England.

      Henry III, 1216–1272.

      55. During the long reign of John's son, Henry III, England began to construct her Parliament, an institution which has not only played a most important rôle in English history, but has also served as the model for similar bodies in almost every civilized state in the world. Henry's fondness for appointing foreigners to office, his anxiety to enjoy powers which he had not the intelligence or energy to justify by the use he made of them, and his willingness to permit the pope to levy taxes in England, led the nobles to continue their hostility to the crown. The nobles and the people of the towns, who were anxious to check the arbitrary powers of the king, joined forces in what is known as the War of the Barons. They found a leader in the patriotic Simon de Montfort, who proved himself a valiant and unselfish defender of the rights of the nation.

      

      The English Parliament.

      The older Witenagemot of Saxon times, as well as the Great Council of the Norman kings, was a meeting of nobles, bishops, and abbots, which the king summoned from time to time to give him advice and aid, and to sanction important governmental undertakings. During Henry's reign its meetings became more frequent and its discussions more vigorous than before, and the name Parliament began to be applied to it.

      Simon de Montfort summons the commons to Parliament.

      In 1265 a famous Parliament was held, where, through the influence of Simon de Montfort, a most important new class of members—the commons—was present, which was destined to give it its future greatness. In addition to the nobles and prelates, the sheriffs were ordered to summon two simple knights from each county and two citizens from each of the more flourishing towns to attend and take part in the discussions.

      The Model Parliament of Edward I, 1295.

      Edward I, the next king, definitely adopted this innovation. He doubtless called in the representatives of the towns because the townspeople were becoming rich and he wished to have an opportunity to ask them to make grants to meet the expenses of the government. He also wished to obtain the approval of all classes when he determined upon important measures affecting the whole realm. Since the Model Parliament of 1295, the commons, or representatives of the people, have always been included along with the clergy and nobility when the national assembly of England has been summoned. We shall see later how the present houses of Lords and Commons came into existence under Edward's son.

      England in the fourteenth century.

      From the reign of Edward I we are, as a distinguished English historian has well said, "face to face with modern England. Kings, Lords, Commons, the courts of justice, … the relations of Church and State, in a great measure the framework of society itself, have all taken the shape which they still essentially retain" (Green). The English language was, moreover, about to become the speech we use to-day.

       Table of Contents

       Table of Contents

      Contrast between the development of Germany and France.

      56. The history of the kingship in the eastern, or German, part of Charlemagne's empire is very different from that in France, which was reviewed in a previous chapter. After a struggle of four hundred years, it had become clear by the thirteenth century that the successors of Louis the German (Charlemagne's grandson) could not make of Germany a kingdom such as St. Louis left to his descendants. From the thirteenth century down to Napoleon's time there was no Germany in a political sense, but only a great number of practically independent states, great and small. It was but a generation ago that, under the leadership of Prussia—a kingdom unknown until many centuries after Charlemagne's time—the previously independent kingdoms, principalities, and free towns were formed into the federation now known as the German empire.

      Stem duchies.

      The map of the eastern part of Charlemagne's empire a century after his death indicates that the whole region had fallen into certain large divisions ruled over by dukes, who, in Saxony and Bavaria at least, were kings in all but name.[97] Just how these duchies originated is something of a mystery, but two things at least are clear which help to explain their appearance. In the first place, under the weak successors of Louis the German, the old independent spirit of the various peoples, or stems, that Charlemagne had been able to hold together, once more asserted itself and they gladly returned to the leadership of their own chiefs. In the second place, they were driven to do this by the constant attacks from without, first of the Northmen and the Moravians, a Slavic people, then of the terrible Hungarian horsemen who penetrated more than once as far west as France. As there was no competent central power to defend the people, it was natural that they should look to their local leaders for help and guidance.

      Henry I, 919–936.

      These stem duchies, as the Germans call them, prevented the German kings from getting a firm hold on their realms. The best that they could do was to bring about a sort of confederation. Consequently, when the German aristocracy chose the strong Henry I, of the ducal house of Saxony,[98] as their king in 919, he wisely made no attempt to deprive the several dukes of their power. He needed their assistance in the task of dealing with the invaders who were pressing in on all sides. He prepared the way for the later subjugation of the Slavs and the final repulse of the Hungarians, but he left to his famous son, Otto I, the task of finally disposing of the invaders and attempting to found a real kingdom.

      Otto the Great, 936–973.

      The reign of Otto I (936–973), called the Great, is one of the most extraordinary in the history of Germany. He made no attempt to abolish the duchies, but he succeeded in getting all of them into the hands of his sons, brothers, or near relatives, as well as in reducing the power of the dukes. For example, he made his brother Henry duke of Bavaria, after forgiving him for two revolts. His scholarly brother, Archbishop Bruno of Cologne,[99] he made duke of Lorraine in the place of his faithless son-in-law, Conrad, who had rebelled against him. Many of the old ducal families either died out or lost their heritage by unsuccessful revolt. None of them offered a long succession of able rulers. The duchies consequently fell repeatedly into the hands of the king, who then claimed the right to assign them to whom he wished.

      In

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