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
This is a famous clause, greatly valued at the time it was framed
because of its precise terms and narrow scope (which made evasion
difficult), and even more highly valued in after days for exactly
opposite reasons. It came indeed to be interpreted in a broad general
sense by enthusiasts who, with the fully-developed British constitution
before them, read the clause as enunciating the modern doctrine that the
Crown can impose no financial burden whatsoever on the people without
consent of Parliament. Before discussing how far such an estimate is
justified, it will be necessary to examine the historical context, with
special reference to two classes of John’s subjects; his feudal tenants,
and the citizens of London respectively.
I. _Protection of Crown Tenants from arbitrary Exactions._ The pecuniary
obligations of the barons may be arranged in two groups according as
they depended on the king’s own actions, or were determined by
circumstances which lay beyond the royal control. Payments of the former
type (such as reliefs and amercements), exigible only at fixed dates or
on the occurrence of specific events, were treated of elsewhere in Magna
Carta. The present chapter sought to prevent John from extorting
additional payments either absolutely at his own discretion, or because
of situations which he had purposely created as excuses for demanding
money. The entire field of such arbitrary feudal dues was covered by the
words “scutages” and “extraordinary aids,”[461] the use of which
protected the barons from every sort of compulsory payment which might
be demanded by the king at his own discretion.
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Footnote 461:
“Extraordinary” is here applied to all aids other than the three
normal ones which, falling due each on a definite occasion, come under
the opposite group of fixed payments.
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Public-domain text, read in full here on John Shaqi.
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