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
Some of the ideas most intimately connected with a modern earldom were
signally inappropriate to the Norman earls. At the present day an
earldom is one of several “steps in the peerage,” a conception that did
not then exist. At the present day it carries with it a seat in the
House of Lords, whereas no instance is recorded until long after the
Norman Conquest of any earl or other great man demanding as a right to
be present in the king’s council: the custom of summoning all crown
tenants became stereotyped only in the reign of Henry II. and was not
formally recognized previous to chapter 14 of Magna Carta. At the
present day, again, the hereditary principle is the chief feature of an
earldom, whereas William did not admit that the office necessarily
passed from father to son.[373]
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Footnote 373:
See Pike, _House of Lords_, 57.
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The policy of the Conqueror had been to bring each county as far as
possible under his own direct authority; many districts had no earls,
while in others the connection of an earl with his titular shire was
reduced to a shadow, the only points of connection being the right to
enjoy “the third penny” (that is, the third part _pro indiviso_ of the
profits of justice administered in the county court) and the right to
bear its name. It is true that in addition the earl usually held
valuable estates in the shire, but he did this only as any other
landowner might. For purposes of taxation the whole of his lands,
whether in his own county or elsewhere, were reckoned as one unit, here
described as _baronia comitis integra_, the relief on which was taxed at
one hundred pounds.
Very gradually in after ages, the conception of an earldom suffered
change. The official character gave way before the idea of tenure, and
later on the modern conception was formulated of a hereditary dignity
conferring specific rank and privileges. The period of transition when
the tenurial idea prevailed is illustrated by the successful attempt of
Ranulf, earl of Chester and Lincoln, in the reign of Henry III. to
aliene one of his two earldoms—described by him as the _comitatus_ of
Lincoln.[374] Earls are now, like barons, created by letters patent, and
need not be land-owners. Thus the words “barony” and “earldom,” so
diverse in their origin and early development, were closely united in
their later history.
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Footnote 374:
See Pike, _House of Lords_, 63. This term _comitatus_ was a word of
many meanings. Originally designating the “county” or “the county
court,” it came to mean also the office of the earl who ruled the
county, and later on it might indicate, according to context, either
his titular connection with the shire, his estates, his share of the
profits of justice, or his rank in the peerage.
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Public-domain text, read in full here on John Shaqi.
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