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In the history of constitutional liberty, of which the Great Charter is the beginning, its specific provisions are of far less importance than its underlying principle. What we to-day consider the great safeguards of Anglo-Saxon liberty are all conspicuously absent from the first of its creative statutes, nor could any of them have been explained in the meaning we give them to the understanding of the men who framed the charter. Consent to taxation in the modern sense is not there; neither taxation nor consent. Trial by jury is not there in that form of it which became a check on arbitrary power, nor is it referred to at all in the clause which has been said to embody it. Parliament, habeas corpus, bail, the independence of the judiciary, are all of later growth, or existed only in rudimentary form. Nor can the charter be properly called a contract between king and nation. The idea of the nation, as we now hold it, was still in the future, to be called into existence by the circumstances of the next reign. The idea of contract certainly pervades the document, but only as the expression of the always existent contract between the suzerain and his vassals which was the foundation of all feudal law. On the other hand, some of the provisions of our civil liberty, mainly in the interest of individual rights, are plainly present. That private property shall not be taken for public use without just compensation, that cruel and unusual punishments shall not be inflicted nor excessive fines be imposed, that justice shall be free and fair to all, these may be found almost in modern form.

On September 10th--that was the seventh day of our involuntary fast--we had another dreary march, again without a morsel of food. My men were so downhearted that I really thought they would not last much longer. Hunger was playing on them in a curious way. They said that they could hear voices all round them and people firing rifles. I could hear nothing at all. I well knew that their minds were beginning to go, and that it was a pure hallucination. Benedicto and Filippe, who originally were both atheists of an advanced type, had now become extremely religious, and were muttering fervent prayers all the time. They made a vow that if we escaped alive they would each give L5 sterling out of their pay to have a big mass celebrated in the first church they saw.

William, called of Poitiers, though a Norman, chaplain of William I and Archdeacon of Lisieux, wrote a biography of the king, Gesta Willelmi Duels Normannorum et Regis Anglice (in Migne's Patrologia Latina,149), of much value for the period immediately following the Conquest. It has been thought that he was not present at the battle of Hastings, but the account of William's movements between the battle and his coronation contains several indications of first--hand knowledge, matters of detail likely to be noted by an eye--witness; and though he was a strong partisan and panegyrist of the king, his statements of what happened may generally be accepted. His comments and opinions, however, must be used with the greatest caution. His work originally ended in 1071, but the last part is now wanting, and it ends abruptly in the spring of 1067. The entire book was used, however, by Orderic Vitalis as one of the chief sources of his narrative, and in that form we probably have all the main facts it contained.

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