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
_Supra_, p. 303, and cf. Pollock and Maitland, I. 331.
Footnote 529:
See Madox, I. 677.
The first Statute of Westminster virtually reverted to the rule laid
down in 1215, for its terms imply that aids could only be taken on the
three well-known occasions. The vague declaration that these should be
reasonable in amount is replaced by the specification of a fixed rate,
namely 40s., or double what had been usual at an earlier period.
Definition of the amount and times of payment may, however, have been
worth purchasing even at this increase.
-----
CHAPTER SIXTEEN.
Nullus distringatur ad faciendum majus servicium de feodo militis, nec
de alio libero tenemento, quam inde debetur.
No one shall be compelled to perform greater service for a knight’s
fee, or for any other free tenement, than is due therefrom.
For military tenants, the transition from scutage to service was a
natural one; since it was not enough to protect themselves from
exactions in money, if they were still exposed to arbitrary exactions in
kind. John, therefore, declared that no freeholder should be constrained
to do more service for his lands than he was legally bound to do.
Disputes might arise, however, as to what extent of service actually was
due in each particular case, and Magna Carta did nothing to remove such
ambiguities. The difficulties of definition, indeed, were enormous,
since the duration and conditions of service might vary widely even
among tenants-in-chivalry, in consequence of special exemptions or
special burdens which appeared in title deeds or rested upon immemorial
usage. The barons would be unwilling to enter on so intricate and
laborious a task, fearing that the introduction of such complications
might do more harm than good. The necessity for accurate definition may
never have occurred to them: the main purport of their grievance was so
vividly present to their own minds that they did not acknowledge the
possibility of any mistake. The military Crown tenants had frequently
objected to serve abroad, particularly during John’s campaigns in
Poitou, which involved a long expensive journey to a region in which
they had nothing at stake.[530] They regarded themselves as not legally
bound to make expeditions to such portions of the Angevin Empire as had
not belonged to the Norman kings when their ancestors got their fiefs.
To force them to enter on campaigns to the south of France, or to fine
them heavily for staying at home, was, they argued, to distrain them _ad
faciendum majus servicium de feodo militis quam inde debetur_. When they
inserted these words in the Charter, they doubtless regarded them as an
absolute prohibition of compulsory service in Poitou, at all
events.[531] The clause was wide enough, however, to include many minor
grievances connected with service. The barons did not confine its
provisions to military service even, but extended it to other forms of
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account