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
freehold tenure (“_nec de alio libero tenemento_”). No freeholder,
whether in socage, serjeanty, or frankalmoin, could in future be
compelled to render services not legally due.
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Footnote 530:
See the authorities cited _supra_, p. 85, nn. I and 2.
Footnote 531:
In the so-called “unknown Charter of Liberties” (see Appendix) John
concedes to his men “_ne eant in exercitu extra Angliam nisi in
Normanniam et in Brittaniam_,” a not unfair compromise, which may
possibly represent the sense in which the present chapter was
interpreted by the barons.
-----
If the barons thought they had thus settled the vexed questions
connected with foreign service, they deceived themselves. Although this
chapter (unlike those dealing with scutage) remained in full force in
all subsequent confirmations, it was far from preventing disputes. Yet
the disputants in future reigns occupied somewhat different ground. From
the days of William I. to those of Charles II., when the feudal system
was abolished, quarrels frequently arose, the most famous of which
culminated in 1297 in Edward’s unseemly wrangle with the Earls of
Norfolk and Hereford, whose duty it was to lead the royal army as
hereditary Constable and Marshal respectively, but who refused
point-blank to embark for Gascony except in attendance on the king’s
person.[532]
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Footnote 532:
Walter of Hemingburgh, II. 121. Cf., on the whole subject of foreign
services, _supra_, 154.
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It has been shown in the Historical Introduction[533] how the
obligations of a military tenant fell naturally into three groups
(services, incidents, and aids), while a fourth group (scutages) was
added when the Crown had adopted the expedient of commuting military
service for its equivalent value in money.
Feudal grievances also may be arranged in four corresponding groups,
each redressed by special clauses of Magna Carta: abuse of _aids_ by
chapters 12, 14, and 15; abuse of the feudal _incidents_, by chapters 2
to 8; abuse of _scutage_, by chapters 12 and 14; and abuse of _service_,
by the present chapter, which thus completes the long list of provisions
intended to protect tenants against their feudal lords.
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Footnote 533:
_Supra_, 72–86.
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CHAPTER SEVENTEEN.
Communia placita non sequantur curiam nostram sed teneantur in aliquo
loco certo.
Common pleas shall not follow our court, but shall be held in some
fixed place.
An attempt was here made to render royal justice cheaper and more
accessible. Law-suits in which the Crown had no special interest, common
pleas, were to be held in some one, fixed, pre-appointed spot, and must
no longer follow the king as he moved about from place to place. The
full extent of the boon conferred by this reform will be better
appreciated after a short consideration of the method of dispensing
justice adopted by Henry II. and his sons.
Public-domain text, read in full here on John Shaqi.
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