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FOR more than six hundred years that is, since Magna Carta, in 1215 there has been no clearer principle of English or American constitutional law, than that, in criminal cases, it is not only the right and duty of juries to judge what are the facts, what is the law, and what was the moral intent of the accused; but that it is also their right, and their primary and paramount duty, to judge of the justice of the law, and to hold all laws invalid, that are, in their opinion, unjust or oppressive, and all persons guiltless in violating, or resisting the execution of, such laws.
The date was 1215, and the pope was Innocent III., who wrote the "Veni, Sancte Spiritus," and who sent to John Lackland the four cardinal virtues in the shape of four gold rings. The Lords persisted. The duel continued through many generations. Pembroke struggled. 1248 was the year of "the provisions of Oxford."
So the barons raised an army, took London, and at Runnymede, June 15, 1215, compelled John to sign the famous Magna Charta, giving his subjects many additional rights to the use of the climate, and so forth, which they had not known before.
The legend is related that, hearing one of his love songs sung by a minstrel at Paris, he imposed penance upon himself. He helped to establish the Inquisition in Languedoc, and at the Lateran council of 1215 was the most violent opponent of Count Raimon. To enter into his history in detail during this period would be to recount a large portion of the somewhat intricate history of the crusade.
When Totila conquered Florence, the statue fell into the river, and was not fished out again till Charlemagne refounded the city. It was then placed on a pillar at the entrance to the Ponte Vecchio, and on this spot Buondelmonti was slain in 1215. The origin of the great feud between Guelph and Ghibelline was thus associated with the dreaded idol.
THE GREAT CHARTER. The leaders of the people, the nobles and the clergy, soon grew tired of John's wickedness. In 1215 they raised an army and threatened to take the kingdom from John and crown another prince as king.
After having sent to Rome embassy upon embassy with explanations and excuses, he twice went thither himself, in 1210 and in 1215; the first time alone, the second with his young son, who was then thirteen, and who was at a later period Raymond VII. He appealed to the pope's sense of justice; he repudiated the stories and depicted the violence of his enemies; and finally pleaded the rights of his son, innocent of all that was imputed to himself, and yet similarly attacked and despoiled.
It proved necessary to march against John, whom the insurgent nobles met at Runnymede, not far from London. Here on the 15th of June, 1215, they forced him to swear to observe the rights of the nation, as they conceived them, which they had carefully written out.
In the wars between Stephen and the Empress Maude, the Castle was taken and retaken; and in the reign of John the town was taken by the Welsh under Llewellyn the Great, who had joined the insurgent Barons in 1215; and again attacked and the suburbs burned by the Welsh in 1234.
A dispute, however, between the merchants of Holland and England, towards the year 1215, caused a privateering warfare, and a ten years' suspension of intercourse. A reconciliation afterwards led to the establishment of the English wool staple, at Dort. A subsequent quarrel deprived Holland of this great advantage.
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