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
Among the most cherished privileges claimed by the chartered boroughs
were the rights to exact tolls and to place oppressive restrictions upon
all rival traders not members of their guilds, foreigners and denizens
alike. The confirmation of these privileges in this chapter has been
held to contradict chapter 41, which grants protection and immunities to
foreign merchants.[496] The inconsistency, however, should not be pushed
too far, since the later chapter aimed at the abolition of “evil
customs” inflicted by the king, not of those inflicted by the boroughs.
At the same time, all favour shown to aliens would be bitterly resented
by their rivals, the English traders. If the charter had been put in
force in its integrity, the more specific privileges in favour of
foreign merchants would have prevailed in opposition to the vague
confirmation of borough “liberties” wherever the two came into
collision.[497]
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Footnote 496:
Cf. Pollock and Maitland, I. 447-8.
Footnote 497:
Cf. _infra_, c. 41.
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CHAPTER FOURTEEN.
Et ad habendum commune consilium regni, de auxilio assidendo aliter quam
in tribus casibus predictis, vel de scutagio assidendo, summoneri
faciemus archiepiscopos, episcopos, abbates, comites, et majores
barones, sigillatim per litteras nostras; et preterea faciemus summoneri
in generali, per vicecomites et ballivos nostros, omnes illos qui de
nobis tenent in capite; ad certum diem, scilicet ad terminum quadraginta
dierum ad minus, et ad certum locum; et in omnibus litteris illius
summonicionis causam summonicionis exprimemus; et sic facta summonicione
negocium ad diem assignatum procedat secundum consilium illorum qui
presentes fuerint, quamvis non omnes summoniti venerint.
And for obtaining the common counsel of the kingdom anent the
assessing of an aid (except in the three cases aforesaid) or of a
scutage, we will cause to be summoned the archbishops, bishops,
abbots, earls, and greater barons, by our letters under seal; and we
will moreover cause to be summoned generally, through our sheriffs and
bailiffs, all others who hold of us in chief, for a fixed date,
namely, after the expiry of at least forty days, and at a fixed place;
and in all letters of such summons we will specify the reason of the
summons. And when the summons has thus been made, the business shall
proceed on the day appointed, according to the counsel of such as are
present, although not all who were summoned have come.
This chapter, which has no equivalent among the Articles of the Barons,
appears here incidentally: it would never have found a place in Magna
Carta but for the need of suitable machinery to give effect to the
provision of chapter 12.[498]
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Footnote 498:
On the whole subject of the _commune concilium_, cf. _supra_ 151-4 and
also 173-4.
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Public-domain text, read in full here on John Shaqi.
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