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
Is it not possible to reconcile these divergent conclusions? Undoubtedly
the Conqueror held himself bound by no fixed rules, but made exceptions
where he pleased: some favoured foundations were exempt from all service
whatsoever.[367] Yet, if he distributed estates at his own free will, he
did not necessarily distribute them irrationally or at random. He
demanded service of knights in round numbers, 5 or 10 or 20, as he saw
cause, and in normal cases he was guided by some loose sense of
proportion. Where there was no reason either for preferential treatment
or for special severity, service would be roughly proportionate either
to the area or to the value. This rule was William’s servant, not his
master, and was made to yield to many exceptions, which would amply
account for the existence in later days of knight’s fees varying from 2
hides to 14 hides, instead of the normal 5.[368] Each such fee, whatever
its acreage or its rental, owed the service of one knight, and paid
relief at 100s.
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Footnote 367:
_E.g._ Gloucester and Battle Abbeys: see Round, _ibid._, 299.
Footnote 368:
See Round, _Feudal England_, 294, and Pollock and Maitland, I. 235.
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(2) _Baronia integra._ The word “barony” cannot be easily defined, on
account of the many changes it has undergone.[369] A “barony” at the
Norman Conquest differed in almost every respect from a “barony” at the
present day. The word _baro_ was originally synonymous with _homo_,
meaning, in feudal usage, a vassal of any lord. It soon became usual,
however, to confine the word to king’s men; “_barones_” were thus
identical with "crown tenants"—a considerable body at first; but a new
distinction soon arose between the great men and the smaller men among
their number (between _barones majores_ and _barones minores_). The
latter were usually called knights (_milites_), while “baron” was
reserved for the holder of an “honour.”[370] For determining what
constituted an “honour,” however, it was impossible to lay down any
absolute criterion. Mere size was not sufficient: a magnate once classed
as a full “baron” might successfully claim to be only a “knight,” thus
lightening some of his feudal burdens, for example this one of
“reliefs.” Chapter 14 of Magna Carta helped to stereotype the division,
since it stipulated that each _major baro_ should receive an individual
writ of summons to the Council, leaving the _barones minores_ to be
convened collectively through the sheriff. As the one point of
certainty, where everything else was vague, these writs came to possess
an exaggerated importance, and it was finally held (at a date long
subsequent to Magna Carta) that the mere receipt of a special summons,
if acted upon, made the recipient a baron, and entitled his heirs, in
all time coming, to succeed him in what was fast hardening into a
recognized title of dignity. The “barons” in 1215 knew nothing of all
this; they desired merely to have the reliefs due by them taxed at a
fixed rate.
Public-domain text, read in full here on John Shaqi.
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