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
The barons, in October, 1255, if Matthew Paris has not fallen into
error, considered that the provisions of chapters 12 and 14 of John’s
Magna Carta were still in force, although they had been omitted in the
reissues of Henry III. When the king asked a liberal aid in furtherance
of his scheme for securing the crown of Sicily for his son Edmund, those
present at the Council deliberately refused, on the ground that some of
their peers had not been summoned “according to the tenor of Magna
Carta.” This incident illustrates the extreme constitutional importance
rightly attached by the barons to the rigid observance by the Crown of
the established usage relative to the convening of Parliament.[516]
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Footnote 516:
See M. Paris, _Chron. Maj._, V. 520. His words are: “_Et responsum
fuit quod omnes tunc temporis non fuerunt juxta tenorem magnae cartae
suae vocati, et ideo sine paribus suis tunc absentibus nullum
voluerunt tunc responsum dare_.” Matthew, however, probably improved
his story in the telling, adding local colour from the only version of
the charter known to him—namely, that spurious copy he had
incorporated in his own history. He clearly knew nothing of the
essential differences between the charters of John and of Henry. The
barons in 1255 may, or may not, have been equally ignorant.
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CHAPTER FIFTEEN.
Nos non concedemus de cetero alicui quod capiat auxilium de liberis
hominibus suis, nisi ad corpus suum redimendum, et ad faciendum
primogenitum filium suum militem, et ad primogenitam filiam suam semel
maritandam, et ad hec non fiat nisi racionabile auxilium.
We will not for the future grant to any one licence to take an aid
from his own free tenants, except to ransom his body, to make his
eldest son a knight, and once to marry his eldest daughter; and on
each of these occasions there shall be levied only a reasonable aid.
This chapter confers on the tenants of mesne lords protection similar to
that already conferred on Crown tenants: sums of money are no longer to
be extorted from them arbitrarily by their lords.[517] Different
machinery, however, had here to be adopted, since the expedient relied
on in chapter 12 (“the common consent of the realm”) was clearly
inapplicable.
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Footnote 517:
The chapter is, therefore, on the one hand a necessary supplement of
cc. 12 and 14, while on the other it is merely a particular
application of the general principle enunciated in c. 60, which
extended to sub-tenants all the benefits secured to Crown tenants by
previous chapters.
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Public-domain text, read in full here on John Shaqi.
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