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
Henry III., however, entirely disregarded the rule which forbade the
licensing of extraordinary aids. Like his ancestors, he was prepared to
grant writs on almost any plausible pretext. From the _Patent_ and
_Close Rolls_, as well as from other sources, illustrations of the
Crown’s earlier and later practice may readily be collected.
(1) _Scutages._ In 1217, for example, Henry granted permission to all
Crown tenants who had served in person to collect scutage from their
knights.[522]
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Footnote 522:
_Close Rolls_, I. 306, cited Pollock and Maitland, I. 331.
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(2) _Ordinary Aids._ (_a_) John in 1204 authorized the collection of “an
effectual aid” from the knights and freeholders of the Constable of
Chester for the ransom of their lord.[523] (_b_) A royal writ in 1235
allowed Henry Tracey, as already mentioned, to take an aid for his
eldest daughter’s marriage.
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Footnote 523:
_Patent Rolls_, 5 John, cited Madox. I. 615.
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(3) _Special Aids._ (_a_) When a _fine_ of sixty marks was incurred in
1206 by the Abbot of Peterborough, John allowed him to distrain his
under-tenants for contributions.[524] (_b_) An heir, paying _relief_,
might likewise transfer the obligation to his freeholders.[525] (_c_)
The lord’s _debts_ were frequently paid by his tenants. The returns to
the Inquest of 1170 contain particulars of the “sums given individually
by some forty burgesses of Castle Rising towards paying off the
mortgages of their lord, the Earl of Arundel, who was clearly in the
hands of the Jews”;[526] while in 1234 the Earl of Oxford and the Prior
of Lewes each obtained a letter patent distraining their tenants to
contribute to the discharge of their debts.[527] Sufficient evidence is
thus preserved that Henry III. took full advantage of the omission from
his own charters of this part of his father’s promises. He did not
question too minutely the justice of applications for such writs, if
good fees were punctually paid. His letters, during the earlier years of
his reign, authorized the taking of a “reasonable” aid, without hinting
at any mode of determining what that was. This is illustrated by the
procedure adopted by Henry Tracey in 1235, who apparently debated with
his assembled knights of Devonshire the amount to be paid as
“reasonable,” and finally accepted 20s. per fee.[528] It is interesting
to note, however, that this same mesne lord, twelve years later,
obtained a writ bidding the sheriff of Somerset assist him to collect
“the scutage of Gascony” at a specified rate, namely, 40s. per fee.[529]
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Footnote 524:
_Close Rolls_, 7 John, cited Madox, I. 616.
Footnote 525:
See Glanvill, IX. 8.
Footnote 526:
See Round, _Commune of London_, 130.
Footnote 527:
See Madox, I. 617, citing _Patent Rolls_, 18 Henry III. Various other
examples are given by Pollock and Maitland, I. 331, _e.g._ “the earl
of Salisbury, to enable him to stock his land.”
Footnote 528:
Public-domain text, read in full here on John Shaqi.
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