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
(1) _Scutage._ The development of the system described by this name has
been traced in the Historical Introduction.[462] Used at first as an
expedient for substituting, in the Crown’s option, money payments for
military service, it became, under John, a regular source of revenue,
imposed almost every year on one pretext or another, while it was levied
at an increased rate, and under conditions of a vexatious and burdensome
nature. If any one cause contributed, more than the others, to the
rebellion which culminated at Runnymede, it was John’s method of
imposing scutages. This chapter, then, attempted to strike at the common
root from which many grievances grew. The Crown was no longer to be left
sole judge of the occasions on which a scutage might be demanded. “The
common consent (or counsel) of the realm” must first be obtained. If
this provision had been carried into practice, it would have removed the
supreme control of the system of scutages from the Crown which received
the money, to the Crown tenants who paid it. This truly radical remedy
included the remedy of all minor abuses as well, since the collective
body of barons who could refuse payment unconditionally, might _a
fortiori_ make grants under such conditions as they chose. Henceforward
it would lie with them to say, on each occasion, whether the old normal
20s. per knight’s fee should be superseded by some other rate, either
higher or lower. This provision was never enforced, being omitted
altogether from the reissue of 1216, while the clause substituted for it
in the Charter of 1217 took an entirely different form.[463]
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Footnote 462:
See _supra_, 86–93.
Footnote 463:
See _supra_, 172–3.
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(2) _Feudal aids._ It was recognized from an early date that in
emergencies feudal vassals ought to contribute to their lord’s support
in proportion to the extent of their holdings. Such payments were known
as aids, and were originally supposed to be free-will offerings.[464] By
John’s reign they had fallen into two groups—ordinary and extraordinary.
The former, three in number, were only dealt with incidentally by the
Charter.[465] It is with the “extraordinary” aids that this chapter
specially occupies itself. These are placed in the same position as
scutages: the Crown cannot exact either, “unless by common counsel of
the realm.”
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Footnote 464:
Cf. _supra_, 80–2.
Footnote 465:
Public-domain text, read in full here on John Shaqi.
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