English Economic History: Select Documents — John Shaqi
English Economic History: Select Documents
History
English Economic History: Select Documents
Great Britain -- Economic conditions; Great Britain -- Social conditions
The documents given below show the machinery in operation. Instances are
given of the different tenures[45] (Nos. 1 to 6), while the uncertainty
prevailing in the twelfth century as to the incidents due from land held
by serjeanty is illustrated in No. 5. The gradual substitution of a
money economy for a feudal economy, which finds expression in scutage
(No. 17) and otherwise (No. 18), encouraged an elasticity of tenure
which made a change from serjeanty to knight service (No. 7) and from
personal service to a rent (No. 8) convenient equally to lord and
tenant. The degree to which subinfeudation had commonly proceeded in the
thirteenth century is shown in No. 9, and the burden of the feudal
incidents is exemplified in Nos. 10 to 15. The ordinary revenues of the
Crown from feudal incidents and aids, rents, the profits of justice, and
escheats, were never sufficient to meet emergencies, just as the feudal
army was inadequate for a protracted campaign, and hence the Crown was
forced to resort on the one hand to a universal land-tax (No. 16) or a
limited exaction from the crown demesnes (No. 19), and on the other to a
tax on the feudal unit, the knight's fee (No. 17); the provisions for
the collection of a carucage illustrate the royal determination to exact
the uttermost farthing, while the assessment of a scutage was conducted
on the modern principle of extracting the money first and settling the
liability afterwards. No. 20 is a rare surviving instance of an original
writ _Precipe_ issued before _Magna Carta_, and shows precisely the
method of the royal procedure in attracting legal causes to the King's
jurisdiction out of the hands of the lord. The section concludes with
the important articles of enquiry initiated by Edward I., which led to
the compilation of the Hundred Rolls and the proceedings _quo warranto_,
and also set out in detail the King's conception of his sovereignty and
of the royal origin of all feudal franchises and liberties (No. 21);
while the last document (No. 22) furnishes a curious instance of one of
the minor royal rights.
AUTHORITIES
The principal modern writers dealing with the subject of this section
are:--Pollock & Maitland, _History of English Law_; Maitland,
_Lectures on Constitutional History_; Stubbs, _Constitutional
History_; Hazlitt, _Tenures of land and customs of manors_; Round,
_Feudal England_; Round, _The King's Serjeants and Officers of
State_; Baldwin, _Scutage and Knight Service in England_; McKechnie,
_Magna Carta_; Freeman, _Norman Conquest_; Hatschek, _Englische
Verfassungsgeschichte_; Digby, _History of the Law of Real Property_.
Public-domain text, read in full here on John Shaqi.
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