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
These three aids were carefully specified, and a reasonable rate was
stipulated for, but not defined. In this respect the treatment here
accorded to _aids_ is less satisfactory than that of _reliefs_ in
chapter 2, which carefully defined the amount to be paid. It is
probable that the framers of the present chapter relied on existing
usage, which seems to have regarded the normal aid as one-fifth of the
normal relief, _i.e._ as 20s. per knight’s fee. An alternative
explanation is also possible, that the same “common counsel” which had
the right to veto extraordinary aids, was also expected to determine
the reasonable amount of the ordinary aids.
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II. _Protection of Citizens of London from arbitrary Exactions._ Some
attempt was made to protect the men of London, as well as the Crown
tenants, from John’s demands for money. The insurgent leaders in this
way discharged part of their debt to an ally with special claims upon
their gratitude.[466] The Articles of the Barons had contained several
important provisions affecting the capital; and these were embodied in
the Charter in slightly altered terms, which suggest some influence at
work not altogether friendly to the citizens.[467] The present clause of
the completed charter, for example, uses only one word, “_aids_,” where
the 32nd of the Articles of the Barons had referred to “tallages and
aids.” There is no evidence to show whether the omission had been
deliberately planned, or was merely the result of inadvertence; and the
ambiguity inherent in both words makes it dangerous to hazard a dogmatic
opinion on the practical effect of the alteration. Yet a clearly-marked
line can be traced between the respective meanings of the two terms when
they are technically used.
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Footnote 466:
See _supra_, p. 42.
Footnote 467:
See article 23 (which became c. 33), article 31 (c. 41), and article
32 (cc. 12 and 13), and cf. _supra_, pp. 140-1. Whether article 12 (c.
35) was more a benefit to, than a restraint upon, traders seems
doubtful.
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(1) “_Aid_” is the vaguer word, applicable to every payment which can be
regarded as in any sense a free-will offering. It embraced gifts to the
Crown, whether from prelate or burgess or feudal baron. London was
stimulated towards acts of generosity by kings of England both before
and after John. There were times when “voluntary” aids, like the
“benevolences” of Tudor days, could not safely be withheld.
Public-domain text, read in full here on John Shaqi.
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