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
(2) “_Tallage_” was a tax levied at a feudal lord’s arbitrary will upon
more or less servile dependants, who had neither power nor right to
refuse. The frequency of these exactions and the sums taken depended
solely on the lord’s caprice, restrained by no law, but only by such
limits as an enlightened self-interest or regard for public opinion
might dictate. Liability to arbitrary tallage was thus one of the chief
marks of an unfree status, and was contrasted with the impositions
levied on those freeholders who held by knight’s service, by socage, or
by frankalmoin. The owner of the smallest manor, like the owner of the
greatest barony, might tallage his own villeins; and the king had a
similar privilege over a wider field. His rights extended even over
civic communities who held royal charters, since towns were
theoretically on the royal demesne, and therefore liable to tallage. The
great city of London, in spite of its growing wealth, its political
importance, and its list of chartered privileges, still shared this
liability.[468]
-----
Footnote 468:
This statement, for which evidence is given _infra_, is not always
admitted. Taswell-Langmead, _Eng. Const. Hist._, p. 107, says “The
city of London can never have been regarded as a demesne of the
Crown.”
-----
(3) _Comparison of tallage and aid._ The tallage, as a forced payment,
thus differed fundamentally from the nominally free “aid,” while two
minor points of difference may also be noted. In arranging an aid the
givers usually suggested the amount, though the king might reject the
offer as insufficient; while the amount of a tallage, on the other hand,
was arbitrarily fixed by the Crown. Further, while the aid granted by a
community was a joint offering which the citizens assessed and collected
by their own officers, and for which they admitted a collective
responsibility, the Crown itself allocated on whom it pleased the
particular sums of tallage to be paid by each individual, no joint
liability being admitted by those who had to pay. It was obviously to
the advantage of a borough to forestall, by the present of a liberal
aid, the Crown’s anticipated demand for a tallage, for the hated
tax-gatherer was thus kept outside the city gates. An aid was also more
to the king’s advantage than a tallage of equal amount. Not only was he
saved the trouble, expense, and delay of the collection, but he obviated
risk of loss through the insolvency of some of the individuals fixed
upon.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account