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
(3) A third theory, while agreeing that those summoned by general writ
were intended to obey the summons, thinks that the smaller Crown tenants
were called not exclusively each man for himself, but in a
representative capacity. It is thus suggested that a few knights
(probably elected for this purpose by their fellows) were expected to
attend to represent the others. Dr. Stubbs seems predisposed towards
this opinion, although he expresses himself with his usual caution.[508]
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Footnote 508:
See _Const. Hist._, I. 666. “Whether or no the fourteenth article of
the Great Charter intended to provide for a representation of the
minor tenants-in-chief by a body of knights elected in the county
court,” etc.
-----
The reasons for rejecting this third theory will be more conveniently
discussed in connection with the doctrine of representation. It is
perhaps unnecessary to decide between the two others; but it may be
suggested, even at the risk of seeming to invent a fourth theory in a
series already too numerous, that to the great men who framed the clause
it must have been a matter of supreme indifference whether their humbler
fellow-tenants attended or stayed away. The general summons expressed
neither an urgent desire for their presence, nor yet an intimation that
they were not wanted; but merely conformed with the established usage,
and left with each “minor baron” the decision whether he should come or
stay away. His presence would make little difference upon the
deliberations of the magnates.
Public-domain text, read in full here on John Shaqi.
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