Great Britain -- History -- Henry III, 1216-1272; Henry III, King of England, 1207-1272
distribution of the chattels of an intestate freeman by his next-of-kin
under the direction of the Church, after his debts were paid; and
giving leave to all men to go in and out of England freely, except in
time of war,[68] were also omitted. Above all, there was no renewal of
two provisions of the highest importance: that no scutage or aid should
be imposed except by the common consent of the realm, unless it were
for the King’s ransom, the knighting of his eldest son, or the marriage
of his eldest daughter, and of “reasonable” amount, and that for the
assessment of an aid or scutage on occasions other than those named,
the common council should be summoned in a certain manner and for a
fixed day, and the matter should proceed according to the counsel of
those who answered the summons.[69] As a natural consequence of this
omission, the article providing that no mesne lord should henceforth
receive permission to take an aid from his freemen except of reasonable
amount and for the before-named purposes[70] was omitted likewise.
The weighty sixtieth article of the Great Charter, however--“All
these aforesaid customs and liberties which we have granted in our
realm, so far as in us lies, to be kept towards our own men, all the
people of our realm, both clerks and laymen shall observe, so far as
in them lies, towards their men,”--was retained.[71] The provisions
for the return of hostages and charters, and for a settlement of
terms with King Alexander of Scotland,[72] were of course omitted,
being no longer applicable under the altered political circumstances.
The grounds on which the other omissions and modifications were made
are thus set forth in the clause with which the Charter concludes,
and which replaces the sixty-first clause of the Great Charter (the
clause containing the arrangement about the twenty-five “over-kings”):
“Forasmuch as in the former charter there were certain chapters which
seemed weighty and doubtful, to wit, concerning the assessment of
scutages and aids, the debts of Jews and others, the liberty to go in
and out of our realm, the forests and foresters, warrens and warreners,
and the customs of the shires, and the river-enclosures and their
keepers: it has pleased the prelates and magnates that these should be
deferred till we shall have taken counsel more fully; and then we will
do to the full, concerning these and other matters which may require
amendment, whatever things may appertain to the common good of all and
the peace and stability of our self and our realm.”[73]
Public-domain text, read in full here on John Shaqi.
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