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
The same natural reluctance of those who owed suit to the local courts,
to neglect their own affairs in order to perform public duties, which
led to the demand for less frequent visits of the Justices of Assize,
led also to an emphatic restatement of the old customary rules as to
attendance at County Courts. Ordinary sessions were not to be held more
frequently than once a month, nor was the sheriff to make his Tourn, or
local circuit, throughout the various hundreds of his county more
frequently than twice a year, namely at Easter and Michaelmas: and only
at Michaelmas was he to hold view of frankpledge—one of the most
important functions performed by him in the course of his circuit.[262]
It was a more distinct concession to the feudal anti-centralizing
spirit, that this royal view of frankpledge—for the sheriff acted as the
king’s deputy—was prohibited from infringing any freeman’s franchises,
whether such franchises had existed under Henry II. or had been
subsequently acquired.[263]
-----
Footnote 262:
C. 42 of 1217.
Footnote 263:
_Ibid._ This seems to imply that all the aggressions since Henry’s
reign, had not been on one side. The barons, in obtaining a promise to
respect “franchises” acquired since 1189, tacitly admitted that they
had been recently encroaching on royal prerogatives. By the Statute of
Gloucester and the subsequent _quo warranto_ procedure Edward I. made
a partially successful effort to redress the balance.
-----
Two questions, destined to become of supreme importance in the future,
have also left traces on this re-issue of the Charter:—on chapters 39
and 43 respectively. The former treats of the vexed question of a feudal
tenant’s right to dispose of parts of his holding by gift or sale. There
were two different methods of effecting this—by way of subinfeudation or
by way of substitution: the tenant might create a new link in the feudal
chain by granting part of his lands to a third party, who became his
vassal as a result of the new grant; or he might endeavour to make the
donee the direct vassal of his overlord, _quoad_ the land he had newly
acquired. There was here a direct conflict of interest between overlord
and tenant, which extended to both ways of conveying land. Freedom to
sell it or give it away was clearly an advantage to the tenant; while
the lord objected to a transaction which might thrust on him new vassals
he did not desire, or might divide between two or more vassals the
obligations formerly incumbent on one, making the incidence of feudal
burdens uncertain and their enforcement more difficult. Chapter 39
contained a compromise. The tenant might part with a portion of his
holding, provided the balance he reserved was sufficient to ensure full
performance by himself of the obligations due to the lord. The original
vassal thus remained primarily liable for the whole of the feudal
obligations (whatever right of relief he might have against his donees
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account