Magna Carta: A Commentary on the Great Charter of King John: With an Historical IntroductionMcKechnie, William Sharp
History
Magna Carta: A Commentary on the Great Charter of King John: With an Historical Introduction
McKechnie, William Sharp
Constitutional history -- England -- Sources; Law -- England -- History; Law -- England -- Sources; Magna Carta
Other clauses both of John’s Charter and of the various re-issues show
scrupulous care to avoid infringing the rights of property enjoyed by
manorial lords over their villeins. The King could not amerce other
people’s villeins harshly, although those on his own farms might be
amerced at his discretion. Chapter 16, while carefully prohibiting any
arbitrary increase of service from freehold property, leaves by
inference all villein holdings unprotected. Then the “farms” or rents of
ancient demesne might be arbitrarily raised by the Crown,[216] and
tallages might be arbitrarily taken (measures likely to press hardly on
the villein class). The villein was deliberately left exposed to the
worst forms of purveyance, from which chapters 28 and 30 rescued his
betters. The horses and implements of the _villanus_ were still at the
mercy of the Crown’s purveyors. The re-issue of 1217 confirms this view;
while demesne waggons were protected, those of villeins were left
exposed.[217] Again, the chapter which takes the place of the famous
chapter 39 of 1215[218] makes it clear that lands held in villeinage are
not to be protected from arbitrary disseisin or dispossession. The
villein was left by the common law merely a tenant-at-will—subject to
arbitrary ejectment by his lord—whatever meagre measure of protection he
might obtain under the “custom of the manor” as interpreted by the court
of the lord who oppressed him.
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Footnote 216:
See under c. 25 _infra_.
Footnote 217:
See chapter 26 of 1217.
Footnote 218:
See chapter 35 of 1217.
Even if it were possible to neglect the significance of any one of these
somewhat trivial points, when all of them are placed side by side their
meaning is clear. If the bulk of the English peasantry were protected at
all by Magna Carta that was merely because they formed valuable assets
of their lords. The Charter viewed them as "villeins regardant"—as
chattels attached to a manor, not as members of an English
commonwealth.[219]
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Footnote 219:
Dr. Stubbs takes an entirely different view. While admitting that
there is “so little notice of the villeins in the charter,” he
explains the omission apparently on two distinct grounds, (1) that
they had fewer grievances to redress than members of other classes,
and (2) that they participated in all the grants from which they were
not specially excluded. “It was not that they had no spokesman, but
that they were free from the more pressing grievances, and benefited
from every general provision.” Preface to _W. Coventry_, II., lxxiii.
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Public-domain text, read in full here on John Shaqi.
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