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
In 1168, when Henry II. took an aid for the marriage of his daughter,
London contributed £617 16s. 8d., which might afford a precedent for a
“reasonable” aid. See _Pipe Roll_, 14 Henry II., cited Madox, I. 585.
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It is equally probable, however, that the intention was to render the
same consent necessary to the validity of aids, asked from London, as
had previously been stipulated in the case of scutages from tenants in
chief. If this is so, then the method provided in chapter 14 for taking
“the common counsel of the realm” was peculiarly ill-adapted to secure
to the men of London any effective voice in taxing themselves. The
necessity for the consent of an exclusively baronial assembly could not
adequately protect the Londoners, whose essentially different interests
were unrepresented.
Subsequent history casts no light on the original intention of this
clause; no occasion of testing its meaning ever occurred, the entire
chapter of which it forms part having been omitted from all subsequent
issues of the Charter.
(6) _Later history of the Crown’s right to tallage the towns._ Magna
Carta, even in its original form, did not deprive the king of his right
to tallage London, like any other part of his ancient demesne; and the
Crown continued quite legally and almost without question to exercise
this prerogative at intervals from 1215 until 1340. It has sometimes
been maintained, indeed, that the _Confirmatio Cartarum_ of 1297 was
intended to abolish this prerogative, and it is true, that a document
once considered as an authoritative version of the _Confirmatio_ bore
the suggestive title of _De tallagio non concedendo_. It is now well
known that the latter document is quite unauthentic; while, if the
_confirmatio_ itself was intended to relieve the towns from tallages
taken without their consent, it signally failed. Edward III.
occasionally exacted tallages from London and other towns. His
parliaments, however, sought to prohibit this, and succeeded, in 1340,
in passing a statute which abolished, in words peculiarly wide and
categorical, unparliamentary taxation of every kind whatsoever. This
act, which is sometimes styled by modern writers “the real _statutum de
tallagio non concedendo_,” is held by Dr. Stubbs to have conclusively
abolished _inter alia_ the Crown’s right of tallage.[474] This finally
settled the law, but did not prevent the king from trying to break that
law. In subsequent years Edward III. frequently disregarded the
restriction thus placed upon his financial resources, and with varying
success. He rarely did so, however, without meeting protests; and the
rule of law laid down in the act of 1340 was never repealed.
-----
Footnote 474:
See _Const. Hist._, II. 548. “Of the scope of this enactment there can
be no doubt; it must have been intended to cover every species of tax
not authorised by parliament, and ... it seems to have had the effect
of abolishing the royal prerogative of tallaging demesne.”
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