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 main features of his scheme may be briefly summarized: Edward’s
conception of his position as a national king achieving national ends,
the funds necessary for effecting which ought to be contributed by the
nation, naturally led him to devise a system of taxation which would
fill the Exchequer while avoiding unnecessary friction with the
tax-payer. His problem was to keep his treasury full in the way most
convenient to the Crown, and at the same time to reduce to a minimum the
discontent and inconvenience felt by the nation at large under the
burden. In broadening the basis of taxation, he was led to broaden the
basis of Parliament; and thus he advanced from the feudal conception of
a _Commune Concilium_, attended only by Crown tenants, to the nobler
ideal of a national Parliament containing representatives of every
community and every class in England. The composition of the great
council was altered; the principle of representation known for centuries
before the Conquest in English local government, now found a home, and,
as it proved, a permanent home, in the English Parliament. It was
obvious that Parliament, whose composition was thus altered, must meet
more frequently than of old. Edward elevated the national council from
its ancient position of a mere occasional assembly reserved for special
emergencies, to a normal and honoured place in the scheme of government.
Henceforth, frequent sessions of parliament became a matter of course.
The powers of this assembly also widened almost automatically, with the
widening of its composition. Taxation was its original function, since
that was the primary purpose (so the best authorities maintain in spite
of some adverse criticism) for which the representatives of the counties
and the boroughs had been called to it. Legislation, or the right to
veto legislation, was soon added—although at first the new-comers had
only a humble share in this. The functions of hearing grievances and of
proffering advice had, even in the days of the Conqueror, belonged to
such of the great magnates as were able to make their voices heard in
the Curia Regis; and similar rights were gradually extended to the
humbler members of the augmented assembly. The representatives of
counties and of towns retained rights of free discussion even after
Parliament had split into two separate Houses. These rights, fortified
by command of the purse strings, tended to increase, until they secured
for the Commons some measure of control over the executive functions of
the king. This parliamentary control varied in extent and effectiveness
with the weakness of the king, with his need of money, and with the
political situation of the hour.
Public-domain text, read in full here on John Shaqi.
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