English Economic History: Select Documents. Various

English Economic History: Select Documents - Various


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of justice, and escheats, were never sufficient to meet emergencies, just as the feudal army was inadequate for a protracted campaign, and hence the Crown was forced to resort on the one hand to a universal land-tax (No. 16) or a limited exaction from the crown demesnes (No. 19), and on the other to a tax on the feudal unit, the knight's fee (No. 17); the provisions for the collection of a carucage illustrate the royal determination to exact the uttermost farthing, while the assessment of a scutage was conducted on the modern principle of extracting the money first and settling the liability afterwards. No. 20 is a rare surviving instance of an original writ Precipe issued before Magna Carta, and shows precisely the method of the royal procedure in attracting legal causes to the King's jurisdiction out of the hands of the lord. The section concludes with the important articles of enquiry initiated by Edward I., which led to the compilation of the Hundred Rolls and the proceedings quo warranto, and also set out in detail the King's conception of his sovereignty and of the royal origin of all feudal franchises and liberties (No. 21); while the last document (No. 22) furnishes a curious instance of one of the minor royal rights.

      AUTHORITIES

      The principal modern writers dealing with the subject of this section are:—Pollock & Maitland, History of English Law; Maitland, Lectures on Constitutional History; Stubbs, Constitutional History; Hazlitt, Tenures of land and customs of manors; Round, Feudal England; Round, The King's Serjeants and Officers of State; Baldwin, Scutage and Knight Service in England; McKechnie, Magna Carta; Freeman, Norman Conquest; Hatschek, Englische Verfassungsgeschichte; Digby, History of the Law of Real Property.

      1. Frankalmoin [Ancient Deeds, B. 4249]. temp. Henry II.

      2. Knight Service [Inquisitions post mortem, Edward II, 2, 19], 1308.

      Further, the aforesaid jurors say that Nicholas Poyntz, son of the aforesaid Hugh Poyntz, is next heir of the same Hugh and of the age of 30 years and more. In witness whereof the same jurors have set their seals to this inquisition.

      3. Grand Serjeanty [Inquisitions ad quod damnum, 135, 10], 1319.


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