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
Each “barony” should pay £100, a sum afterwards reduced to
100 marks.
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Footnote 369:
See Pollock and Maitland, I. 262, and authorities there cited. “An
honour or barony is thus regarded as a mass of lands which from of old
have been held by a single title.” An exact definition is, perhaps,
impossible: the term was first applied in early days without any
technical meaning; in later days each “honour” had separately
established its position by prescriptive usage. See also Pike, _House
of Lords_, pp. 88-9, on the difficulty of defining “an entire barony.”
Footnote 370:
This change was not complete in 1215, but Magna Carta, when it uses
“_barones_” alone, seems to refer to “_barones majores_” only (see cc.
2, 21, 61). In c. 14, “_barones majores_” are contrasted with
“_barones minores_.”
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Relief was thereafter a fixed sum, while the size of the barony varied
in each case. As the same holds true of the knight’s fee, it is doubly
ridiculous to attempt to discover an equation between the knight’s fee
and the barony founded upon the ratio of the sums payable. Coke,
however, was guilty of this absurdity.[371]
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Footnote 371:
See Coke on _Littleton_, II. iv. s. 112, and _ibid._ _Second
Institute_, p. 7. Founding on the later practice of the exchequer,
which exacted one hundred marks of relief from a barony, and one
hundred shillings from a knight’s fee, he assumed the false equation
"1 barony = 13⅓ knight’s fees." If he had known of the earlier
practice, which followed the rule of John’s Charter, he might have
jumped to another equation, equally false, namely that "1 barony = 20
knight’s fees." There is, in reality, no fixed proportion between the
two, either as to extent or value.
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(3) _Baronia comitis integra._ A peculiar phrase is used in the text, an
"earl’s barony" appearing where “earldom” might be expected.[372] The
reason is that “earldom” originally implied the holding of an office and
not the ownership of land, whereas relief was payable for the earl’s
lands or “honour,” not for his office. The Charter, therefore, uses
words well fitted to make its meaning clear. The earl (or _comes_) was
the successor of the ealdorman as local governor of a county or group of
counties. His title was official, not tenurial, or even, in early times,
necessarily hereditary.
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Footnote 372:
In the _Inspeximus_ of Edward I., however, the word _comitatus_
(earldom) displaces the _baronia comitis_ of the text. See _Statutes
of Realm_, I. 114.
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Public-domain text, read in full here on John Shaqi.
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