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
Every year, however, made for definition; and custom pointed with
increasing authority towards 100s. per knight’s fee, and £100 for a
barony. Two entries on the Pipe Roll of 10 Richard I. amusingly
illustrate the unsettled practice. A sum of £100 is described as a
“reasonable relief” for a barony, and immediately this entry is
stultified by a second entry of a considerable additional payment by way
of “fine” to induce the king to accept the sum his own roll had just
declared “reasonable.”[355] John was more openly regardless of reason.
The Pipe Roll of 1202 shows how an unfortunate heir failed to get his
heritage until he paid 300 marks, with the promise of an annual
“acceptable present” to the king.[356]
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Footnote 355:
Madox, I. 316.
Footnote 356:
Madox, I. 317.
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If John could ask so much, what prevented him asking more? He might name
a prohibitive price, and so defeat the hereditability of fiefs
altogether. Such arbitrary exactions must end, so the barons were
determined in 1215; custom must be defined, so as to prevail henceforth
against royal discretion. The first demand of the Articles of the Barons
is, “that heirs of full age shall have their heritage by the ancient
relief to be set forth in the Charter.” Here it is, then, duly set forth
and defined in chapter 2 of Magna Carta as £100 for an "earl’s barony,"
£100 for "a baron’s barony," 100s. for a knight’s fee, and a
proportional part of 100s. for every fraction of a knight’s fee. This
clause produced the desired effect. These rates were strictly observed
by the exchequer of Henry III., as we know from the Pipe Rolls of his
reign. Thus, when a certain William Pantoll was charged with £100 for
his relief on the mistaken supposition that he held a “barony,” he
protested that he held only five knight’s fees, and got off with the
payment of £25.[357] The relief of a barony was subsequently reduced
from £100 to 100 marks. The date of this change, if we may rely on
Madox,[358] lies between the twenty-first and thirty-fifth years of
Edward I.[359]
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Footnote 357:
_Ibid._, I. 318.
Footnote 358:
_Ibid._, I. 321.
Footnote 359:
The first of the long series of charters and confirmations which
contains it seems to be the _Inspeximus_ of 10th October, 1297, which
in all probability merely recognized officially a rule long demanded
as simple justice by the barons and public opinion. (See Madox, I.
318, Pollock and Maitland, I. 289, and Bémont, _Chartes_, p. 47.)
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Apparently all who paid reliefs to the king were mulcted in a further
payment (calculated at 9 per cent. of the relief) in name of "Queen’s
Gold," a contribution to the private purse of the Queen Consort, and
collected by an official specially representing her at the
exchequer.[360]
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Footnote 360:
See note by editors of _Dialogus_, p. 238. The Petition of the Barons
in 1258 (_Sel. Charters_, 382) protested against this, and the
practice was discontinued.
Public-domain text, read in full here on John Shaqi.
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