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
III. _Position of the “Minor Barons.”_ In recognizing a distinction
between two classes of Crown tenants, the Great Charter merely gave the
weight of its authority to existing usage, as that had taken shape in
the reign of Henry II. Crown tenants varied in power and position in
proportion to the extent of their lands, from the great earl who owned
the larger share of one or more counties, down to the small free-holder
with only a few hides, or it might be acres, of land. A rough division
was drawn somewhere in the midst; but the exact boundary was necessarily
vague, and this vagueness was probably encouraged by the Crown, whose
requirements might vary from time to time.[503] Those Crown tenants on
one side of this fluctuating line were known as _barones majores_, those
on the other as _barones minores_. The distinction had been recognized
as early as the days of Henry II.;[504] but Magna Carta helped to
stereotype it, and contributed to the growing tendency to confine the
word “baron” to the greater men.[505] It is unlikely that any “minor
baron” who obeyed the general summons would enjoy equal authority with
the magnates invited individually by writ; and it is difficult to say
even whether he was sure of a welcome, and, if so, in what capacity.
Three distinct theories at least have been advanced as to the position
occupied by the “minor barons” in the Common Council. (1) The duty of
attendance, burdensome to all, was specially burdensome to the poorer
Crown tenants. It has accordingly been suggested that the device of
inviting them by general summons was intended as an intimation that they
need not come. This is the view taken by Prof. Medley.[506]
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Footnote 503:
See Prof. Medley, _Engl. Const. Hist._, 123.
Footnote 504:
See _Dialogus de Scaccario_, II. x. D., “_baronias scilicet majores
seu minores_.”
Footnote 505:
Cf. _supra_, c. 2.
Footnote 506:
_Engl. Const. Hist._, 123. “The smaller tenants-in-chief would
thankfully regard the general summons as an intimation to stay away.”
-----
(2) Dr. Hannis Taylor holds an exactly opposite opinion, reading this
chapter as the outcome of a desire to ensure the fuller attendance of
the smaller men—as an attempt “to rouse the lesser baronage to the
exercise of rights which had practically passed into desuetude.”[507]
Each of the _barones minores_ was thus encouraged to attend for himself
and his own interests. If such an attempt had really been made, and had
succeeded in compelling the attendance of a large proportion of those
who previously had almost made good their right to shirk the burden, the
result would have been to leave no room whatever for the future
introduction of the representative principle into the national council.
-----
Footnote 507:
_Engl. Const._, I. 466.
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