Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute — John Shaqi
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
To-day, the American constitutions all say that a militia is the
natural defence of a state of free men. It is interesting; therefore,
to find, hardly a century after the Norman Conquest. In 1181, the
Assize of Arms, which revived the ancient Saxon "Fyrd," the word for
what we now call militia; and, twenty years before that, "scutage"
replaced military service. To the burdens of the feudal system,
compulsory military service and standing armies, our ancestors
objected from the very beginning. In a sense, scutage was the
beginning of taxation; but it was only a commutation for military
service, much as a man to-day might pay a substitute to go to war in
times of draft. General taxation first appears in 1188 in the famous
Saladin tithe, the first historical instance of the taxation of
personal property as distinct from a feudal burden laid upon land.
The object of this tax was to raise money for the crusade against
the Sultan Saladin. It was followed, five years later, by a tax of
one-fourth of every person's revenue or goods to ransom the king,
Richard I having gone to this crusade against Saladin, and been
captured on his return by his good friend and Christian ally, the
Emperor of the Holy Roman Empire. It is interesting to note that the
worth of the king in those days was considered exactly one-fourth of
the common wealth of England. John was less expensive; but he was not
captured. He levied a tax ten years later of one-seventh part on the
barons, and one-thirteenth on every man.
In 1213 two important things happened. The high-water mark of
domination by the Roman Church is reached when King John surrendered
England to the pope, and took it back as a fief of the pope for a
tribute of one thousand marks. The same year the other early method
of trial of lawsuits was abolished by the Lateran Council--trial by
ordeal. This was the only remaining Saxon method. The Norman trial by
battle had already been superseded by trial by jury; and from this
time on, in practice, no other method than a jury remains, though
trial by battle was not abolished by statute until the nineteenth
century.
Public-domain text, read in full here on John Shaqi.
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