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
As the earlier clause is frequently supposed to contain a general
doctrine of _taxation_, so this one is often cited as enunciating a
general doctrine of _parliamentary representation_; while the close
connection between the two chapters is taken to indicate an equally
close connection between the two conceptions supposed to underlie them,
and is urged as evidence that the framers of Magna Carta had grasped the
essentially modern principle that taxation and representation go
together.[499] In this view, the barons at Runnymede deserve credit for
anticipating some of the best features of the modern system of
parliamentary government. The words of the text, however, will scarcely
bear so liberal an interpretation. Vital points of difference between
the principles of Magna Carta and the modern doctrine of representation
are revealed by a careful analysis.
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Footnote 499:
_E.g._ Sir William R. Anson, _Law and Custom of the Constitution_, I.
14, emphatically declares that one of the two cardinal principles of
the entire Charter is “that representation is a condition precedent to
taxation.”
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Under chapter 12 scutages and extraordinary aids could only be levied
“with common counsel of our kingdom,” and now chapter 14, by formulating
rules for convening the individuals whose consent was thus required,
fixes authoritatively the composition of an assembly definitely charged
with this specific function. The same Latin words which signify joint
“consent” or counsel thus came to signify also a special institution,
namely, that “Common Council” afterwards of such vital constitutional
importance, continuing under a new name the old _curia regis_ in several
of its most important aspects, and passing in turn into the modern
Parliament. The duties and constitutional importance of this _commune
concilium_ may be considered under six heads.
I. _Nature of the Summons._ Formal writs had to be issued when the
attendance of the members was required. These writs must specify the
time, place, and reason of assembling, giving formal notice at least
forty days in advance. In these respects the writs issued were all to be
the same; but in one vital particular a distinction was recognized. Each
of the really powerful men of the realm—archbishops, bishops, abbots,
earls, and "other greater barons"—must receive a separate writ, under
the royal seal, addressed to him individually and directly, while the
“smaller barons” were to be summoned collectively and indirectly through
the sheriffs and bailiffs of each district.
Public-domain text, read in full here on John Shaqi.
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