Chapter 44 mentions _homines_ without any qualification. It seems safe

to infer that the Great Charter never spoke of “freemen” when it meant

to include the ordinary peasantry or villagers. In chapter 39 of the

re-issue of 1217, _liber homo_ is clearly used as synonymous with

“freeholder.”

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To the question, who had authority to enforce its provisions, the Great

Charter has likewise a clear answer, namely, a select band or

quasi-committee of twenty-five barons. Although the Mayor of London was

chosen among their number, it is clear that no strong support for any

democratic interpretation of Magna Carta can be founded on the choice of

executors; since these formed a distinctly aristocratic body. Yet this

tendency to vest power exclusively in an oligarchy composed of the heads

of great families may have been counteracted, so it is possible to

contend, by the invitation extended by the same chapter to the _communa

totius terrae_ to assist the twenty-five Executors against the King in

the event of his breaking faith. Unfortunately, the extreme vagueness of

the phrase makes it rash in a high degree to build conclusions on such

foundations. It is possible to interpret the words _communa totius

terrae_ as applying merely to “the community of freeholders of the

land,” or even to “the community of barons of the land,” as well as to

“the community of all the estates (including churchmen, merchants, and

commons) of the land,” as is usually done on no authority save

conjecture. Every body of men was known in the thirteenth century as a

_communa_; a word of exceedingly loose connotation.

So far, our investigations by no means prove that the equality of all

classes, or the equal participation by all in the privileges of the

Charter, was an ideal, consciously or unconsciously, held by the leaders

of the revolt against King John. Magna Carta itself contains evidences

which point the other way, namely, to the existence of class

legislation. At the beginning and end of the Charter, clauses are

carefully inserted to secure to the Church its “freedom” and privileges;

churchmen, in their special interests, must be safeguarded, whoever else

may suffer. “Benefit of clergy,” thus secured, implies the very opposite

of “equality before the law.” Other interests also receive separate and

privileged treatment. Many, perhaps most, of the chapters have no value

except to landowners; a few affect tradesmen and townsmen exclusively,

while chapters 20 to 22 adopt distinct sets of rules for the amercement

of the ordinary freeman, the churchman, and the earl or baron

respectively—an anticipation, almost, of the later division into the

three estates of the realm—commons, clergy, and lords temporal. A

careful distinction is occasionally made (for example, in chapter 20)

between the freeman and the villein, and the latter (as will be proved

later on) was carefully excluded from many of the benefits conferred on

others by Magna Carta. In this connection, it is interesting to consider

how each separate class would have been affected if John’s promises had

been loyally kept.

(1) _The Feudal Aristocracy._ Even a casual glance at the clauses of the

Great Charter shows how prominently abuses of feudal rights and

obligations bulked in the eyes of its promoters. Provisions of this type

must be considered chiefly as concessions to the feudal

aristocracy—although it is true that the relief primarily intended for

them indirectly benefited other classes as well.

(2) _Churchmen._ The position of the Church is easily understood when we

neglect the privileges enjoyed by its great men _quâ_ barons rather than

_quâ_ prelates. The special Church clauses found no place whatsoever in

the Articles of the Barons, but bear every appearance of having been

tacked on as an after-thought, due probably to the influence of Stephen

Langton.[209] Further, they are mainly confirmatory of the separate

Charter already twice granted within the few preceding months. The

National Church indeed, with all its patriotism, had been careful to

secure its own selfish advantage before the political crisis arrived.

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Footnote 209:

Cf. _supra_, p. 50.

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(3) _Tenants of Mesne Lords._ When raising troops with the object of

compelling John to grant Magna Carta by parade of armed might, the

barons were perforce obliged to rely on the loyal support of their own

freeholders. It was essential that the knights and others who held under

them should be ready to fight for their mesne lords rather than for the

King their lord paramount. It was thus absolutely necessary that these

under-tenants should receive some recognition of their claims in the

provisions of the final settlement. Concessions conceived in their

favour are contained in two clauses (couched apparently in no specially

generous spirit), namely, chapters 15 and 60. The former limits the

number of occasions on which aids might be extorted from sub-tenants by

their mesne lords to the same three as were recognized in the case of

the Crown. Less than this the barons could scarcely have granted.

Magna Carta: A Commentary on the Great Charter of King John With an Historical Introduction · 第 4 / 13 章