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Henry´s son Richard I (Lionheart) spent most of his time on the Third Crusarde - his brother John I (also called Lackland) was one of the most unpopular English kings, he ruled so badly that in 1215 the barons and bishops forced him to sign a charter protecting their privileges.
This Magna Carta was to become a cornerstone of British freedom..
Chief provisions of the charter:
*no taxation without the consent of the Common Council (Parliament)
* no man may be imprisoned without fair trial by his equals;
* free election of bishops and abbots by the English clergy;
* the King subjected to the control of a council of 25 barons.
This Magna Carta is the first do stress that the law of the land is even above the will of the ruler and that the law is binding on the ruler. Although it was not really a democratic document, for it gave rights only to the freemen (nobelmen and barons) - a very small group of the population - it could later be applied without difficulty to other groups, and finally to all people.
During the rule of John´s son Henry III, a "parliament" was called together by a powerful baron, Simon of Montfort. It consisted of barons, bishops, two knights of each shire, and two citizens from each town. Simon de Montfort´s Parliament (1265) was the first Parliament in which the plain people were represent.
The king had to promise that neither nore his successors would introduce new taxes or new
laws without the consent of Parliament.
The first king to summon a parliament himself was Edward I (the "Model Parliament of 1295), because he needed money for his wars. (= the model for all future Parliaments)
Edward´s Model Parliament, 1295, established permanently the representative system in the Great Council by admitting representatives of the commonalty (two knights elected from each shire and two burghers from each borough) to vote on taxation.
The right of the people to be represented in Parliament was officially recognized, for the king realized that he could levy taxes more easily with the good will of the people.
The Commoners (citizens and townsmen) were allowed to be present but didn´t yet take part in the decisions of Parliament. Parliament met only when it was called by the King, who called it only when he was in need of money.
Statute Law (written laws adopted with the consent of Parliament) began to supersede royal instructions and the Common Law established by custom:
a) Quo Warranto, 1290, wihdrew special privileges from feudal lords unless confirmed by royal grant and long usage.
b) Quia Emptores prohibited subinfeudation (granting away of land legally belonging to the feudal lord).
c) Statute of Mortmain prohibited land-grants to the Curch without financial compensation to the Crown.
Jurisdiction began to be devided from administration through the establishment of seperate courts; Common Pleas for civil suits and King´s Bench chiefly for criminal cases, both in Westminster Hall.
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