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
A story told by Madox[469] brings out the contrast. A dispute had arisen
between the king and the Londoners. To Henry’s demand for 3000 marks of
“tallage” they at first replied by offering 2000 marks of “aid,” which
the king refused. The citizens then denied liability to tallage
altogether, but were confronted with entries in Exchequer and Chancery
Rolls which entirely contradicted their audacious contention. On the
morrow the mayor and citizens acknowledged that they were talliable, and
gave the king the sum he demanded.
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Footnote 469:
I. 712, citing Mem. Roll 39 Henry III.
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(4) _Effects of the omission of the word “tallage” from Magna Carta._ As
the two words appearing in the Articles of the Barons had
well-recognized differences of meaning, it is unlikely that the omission
of one of them from the Charter was regarded as a purely verbal change.
John would readily enough dispense with the right to exact “aids” from
the wealthy traders of his capital, if he still preserved his privilege
of tallaging them at pleasure. The omission was perhaps deliberately
made in deference to John’s strong feeling on a point which did not
personally affect the barons.[470] Another omission should be noted. The
Articles had extended protection not only to Londoners, but also “to
citizens of other places who thence have their liberties,” meaning the
towns whose chartered privileges had been modelled on those of the
metropolis. Magna Carta completely ignored, in this connection, all
towns except London.[471]
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Footnote 470:
Alternative explanations are possible, _e.g._ that the prelates,
accustomed to tallage their own dependants, used their influence
successfully to combat this innovation as “the thin end of the wedge.”
Footnote 471:
It might possibly be argued that the last clause of chapter 13
extending to all towns a confirmation of liberties and customs, was
intended to embrace this provision as to aids. If so, the draftsman
has expressed himself clumsily.
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(5) _The nature of the protection afforded by Magna Carta._ The
arrangement of the present chapter is peculiar. After treating fully of
the abuses of Crown tenants, the case of the Londoners is thrown in
carelessly in a few words: “In like manner it shall be done concerning
aids from the citizens of London.” Various interpretations of the words
“_simili modo_” are possible. High authorities suggest that the clause
means no more than that aids taken from London, like ordinary aids taken
from Crown tenants, must be “reasonable.”[472] If this is so, a
criterion of reasonableness different from that applicable to knights’
fees became necessary; and this would have been hard to find.[473]
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Footnote 472:
Such is the opinion expressed in the _Lords’ Report on the Dignity of
a Peer_, I. 65.
Footnote 473:
Public-domain text, read in full here on John Shaqi.
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