View of the State of Europe during the Middle Ages, Vol. 3Hallam, Henry
History
View of the State of Europe during the Middle Ages, Vol. 3
Hallam, Henry
Europe -- History -- 476-1492; Middle Ages
The charter, as renewed in the first year of Henry III., does not only
omit the clause prohibiting the imposition of aids and scutages without
consent, and providing for the summons of all tenants _in capite_ before
either could be levied, but gives the following reason for suspending
this and other articles of king John's charter:--"Quia vero quædam
capitula in priori cartâ continebantur, quæ gravia et dubitabilia
videbantur, _sicut de scutagiis et auxiliis assidendis_ ... placuit
supra-dictis prælatis et magnatibus ea esse in respectu, quousque
plenius consilium habuerimus, et tunc faciemus plurissimè, tam de his
quam de aliis quæ occurrerint emendanda, quæ ad communem omnium
utilitatem pertinuerint, et pacem et statum nostrum et regni nostri."
This charter was made but twenty-four days after the death of John; and
we may agree with the committee (p. 77) in thinking it extraordinary
that these deviations from the charter of Runnymede, in such important
particulars, have been so little noticed. It is worthy of consideration
in what respects the provisions respecting the levying of money could
have appeared grave and doubtful. We cannot believe that the earl of
Pembroke, and the other barons who were with the young king, himself a
child of nine years old and incapable of taking a part, meant to abandon
the constitutional privilege of not being taxed in aids without their
consent. But this they might deem sufficiently provided for by the
charters of former kings and by general usage. It is not, however,
impossible that the government demurred to the prohibition of levying
scutage, which stood on a different footing from extraordinary aids; for
scutage appears to have been formerly taken without consent of the
tenants; and in the second charter of Henry III. there is a clause that
it should be taken as it had been in the time of Henry II. This was a
certain payment for every knight's fee; but if the original provision of
the Runnymede charter had been maintained, none could have been levied
without consent of parliament.
Public-domain text, read in full here on John Shaqi.
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