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
It has been well described by Pollock and Maitland (I. 294) as “the
great residuary tenure.” In Scotland the “residuary tenure” is not
socage but “feu” (resembling the English fee-farm). Holdings in feu
are still familiar to Scots lawyers. They are originated by a formal
charter, followed by registration (the modern equivalent of infeftment
or feudal investiture), thus preserving an unbroken connection with
the feudal conveyancing of the Middle Ages.
The interest of historians naturally centres round tenure by knight’s
service, which is the very kernel of the feudal system. Lack of
definition in the middle ages was a fruitful source of quarrel. For a
century and more after the Norman Conquest, the exact amount and nature
of the military services due by a tenant to his lord were left vague and
undetermined. The early Norman Kings had gradually superseded the old
Anglo-Saxon Crown tenants by new ones of Norman or French extraction,
without formulating any code of regulations for the future. The whole of
England had thus been carved into a number of estates—the larger known
as honours or baronies, and the smaller as manors. Each Crown tenant
(with two exceptions, of which the Conqueror’s favourite foundation of
Battle Abbey was one) held his lands on condition of furnishing a
certain number of fully armed and mounted soldiers, always ready to obey
the King’s summons in the event of war. High authorities differ as to
when and by whom the amount of each vassal’s service was fixed. The
common view (promulgated by Prof. Freeman[81] with his usual vehemence),
attributes the allocation of specific service to Ranulf Flambard, the
unscrupulous tool of William Rufus. Mr. J. H. Round[82] has recently
urged convincing reasons in support of the older view which attributes
it to William I. Two facts, apparently, are certain: that within half a
century from the Conquest each military tenant was burdened with a
definite amount of knight’s service; and, further, that no formal record
of the amount of such service was made at the time. There were, as yet,
no written charters, and thus the possibility of disputes remained.
Probably such grants would be made in full _Curia_, and the only record
of the conditions would lie in the memory of the Court itself.
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Footnote 81:
_Norman Conquest_, V. 377; _Hist. of William Rufus_, 335–7.
Footnote 82:
_Feudal England_, p. 228 _et seq._
Long before the date of Magna Carta, the various obligations had been
grouped into three classes, which may be arranged according to their
relative importance, as _services_, _incidents_, and _aids_. Under each
of these three heads, disputes continually arose between the lord who
exacted and the vassal who rendered them.[83]
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Footnote 83:
Public-domain text, read in full here on John Shaqi.
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