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
IV. _Representation._ It is well to hesitate before applying to ancient
institutions a word so essentially modern as “representation.” In a
sense the reeve and the four best men of every village “represented”
their fellows in the county court from a very early age; and in a
somewhat different sense the feudal lord “represented” his free tenants
and villeins in the king’s court, but in neither instance was there
anything approaching the very definite relation which exists at the
present day between the elected member of Parliament and the
constituents he “represents.” It is true that the difference may in some
respects be one of degree rather than of kind, and it is further true
that two years before the date of Magna Carta a tentative experiment had
been tried in the direction of introducing representatives of the
counties into the king’s Council, thus taking the first step in a long
process destined ultimately to lead without any absolute breach of
continuity to the modern Parliament. But the Barons in June, 1215,
showed no desire to follow the example set by John in November, 1213.
The terms in which Magna Carta directs that all minor barons should be
summoned are explicit, and may be profitably contrasted with the words
used in the writ dated 7th November, 1213, addressed to the sheriff of
Oxford, ordering him to compel, in addition to the barons and the
knights already summoned (presumably _barones minores_), the attendance
of _quatuor discretos homines de comitatu tuo_ (presumably other than
Crown tenants).[509]
-----
Footnote 509:
Cf. _supra_, p. 36. The writ appears in _Rot. Claus_, I. 165, and also
in _Sel. Charters_, 287. Cf. _New Rymer_, I. 117.
-----
So far from the words of Magna Carta showing any desire to confirm this
precedent, they show a deliberate intention to ignore it, and to fall
back on the more ancient practice. The members of the assembly which
Magna Carta stipulated should be convened for the taking of “the common
consent” were all of one type, drawn from the same section of the
land-owning aristocracy, namely, military tenants-in-chief of the Crown.
The barons, great and small, might be present, each man for himself; but
the other tax-paying classes were completely ignored.[510] They were
neither present nor yet represented. The barons in this, as in other
matters, stood out for the old feudal order under which they had
preserved a wide measure of independence from the Crown’s control;
whereas King John for selfish reasons adopted the more enlightened
policy of his father, and even, unconsciously it may be, anticipated
some of the measures of his grandson, Edward Plantagenet. In brief, John
was progressive, while his opponents were conservative. The present
chapter must be added to the not inconsiderable list of those which
attempted to bring about a feudal reaction.[511]
-----
Footnote 510:
Cf. _supra_, c. 12.
Footnote 511:
Public-domain text, read in full here on John Shaqi.
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