It would be wandering far afield to trace the final struggles of John with his infuriated barons. It is sufficient to note that it was an unauthoritative demand of taxation which pulled the structure of John’s misgovernment crashing down upon his head.Events leading to Runnymede On the 26th May, 1214, John issued writs for the collection of a scutage at the quite unprecedented rate of three marks on the knight’s fee, for which there was not a shadow of consent. The northern barons, the same who had refused personal service, now refused likewise to pay scutage. In the face of precedent to the contrary, they denied their liability to follow him, not merely to Poictou but to any district beyond the Channel, or to pay him composition for not doing so.[75] At his interview with the contumacious barons in November at Bury St. Edmunds, he reiterated his demand, but they remained steadfast in their refusal.
From that time until King and Barons met on the meadow near the Thames called Runnymede, John’s sky was darkening. He did his best to avoid the tempest, but with no success. He attempted to break the union of his enemies by giving the church and the people of London special charters; it was the church, headed by Stephen Langton, which stood shoulder to shoulder with the barons in unending hostility to John, and it was the citizens of London whose adherence to the baronial cause determined the final contest against the king. John bought the services of mercenaries to fight his battles for him, but when he became penniless, they fell away. With every expedient he could summon in his extremity, he tried to avoid the breaking of the storm. But the whole nation was against him. The men of the North, who had been steadfast from the beginning in their opposition to John, were joined by barons of similar mettle throughout the rest of England. The citizens of London when they joined the ranks of John’s enemies were followed by the earlier partisans of the king, save only those few who were attached by interest or necessity. He signed the Charter the 15th June, 1215, in the full hope that with the passing of the tempest he might forget his promises.
Magna Carta, 15th June, 1215
The Great Charter, in form granted by John as a voluntary gift to the nation, was in reality a treaty concluded between him and his barons. That its provisions relative to taxation are important has already been hinted at; as a matter of history, the recurrence of references to these particular sections of the Charter proves the esteem in which Englishmen of later generations regarded this early book of their Bible of Liberties. Whether this veneration, displayed by the framers of subsequent and perhaps equally important instruments, was based upon the intrinsic value of the Charter or upon nothing firmer than sentiment, is somewhat of a mooted question.[76] The fact that it was held in such esteem is for us the important and sufficient reason for considering it in detail. It is essential to understand upon what the later champions of parliamentary taxation based their arguments, even though those arguments presumed interpretations of Magna Carta which the framers of the Charter would have been far from admitting.
Chapter 12
The twelfth chapter,[77] taken with the fourteenth,[78] serves as the legal basis for much of the eloquence against arbitrary taxation from the time of John to the acceptance of the United States Constitution. It has been taken to admit “the right of the nation to ordain taxation”[79] and even as the surrender of the “royal claim to arbitrary taxation.”[80] An analysis of the contents and application of the twelfth chapter together with additional comment on the fourteenth may throw some light on the substance for these assertions.[81]
The impositions which are specified in the chapter are “scutage” and “aid.” The arbitrary levy of scutage upon the lands of his tenants was the chief moving cause which brought John to Runnymede, and this chapter undertook the correction of the abuse of abuses. The aids mentioned are to be distinguished from the incidents of feudal tenure, reliefs, marriages, primer seisins, and similar payments which are dealt with elsewhere in the Charter and belong to the peculiar history of feudalism. The twelfth chapter provides that the three ordinary aids—for ransoming the king, for knighting his eldest son, and for the marriage of his eldest daughter—should be reasonable in amount. These might be exacted by the king as a matter of course, without the common council of the realm. The extraordinary aids, which the Charter places in the same category with scutages, include all other arbitrary feudal exactions levied to meet some particular emergency and in an unusual manner. The Charter places both these extraordinary aids and the obnoxious scutages beyond the pale of royal imposition; hereafter they are leviable only “by common counsel” of the kingdom. That they were to be laid by the body known as the Common Council is indicated by the provisions of Chapter Fourteen.
Provision regarding London
The people of London rightfully expected to benefit by the granting of the Charter. According to the last clause of the Twelfth Chapter, it was to “be done concerning the aids of the city of London” in the “same way.” The provision is indefinite; whether the “aids” were also to include in their category the more arbitrary and therefore more obnoxious tallage[82] is unknown. The aids were for the most part free-will offerings of the city itself, whereas the tallages were exacted by the king upon his own arbitrary authority as one having the power of a demesne lord over London. And whether or not the phrase “in the same way” means that aids shall be levied by the common counsel of the realm, or merely that they shall be of “reasonable” amount, is difficult of determination. If indeed the former idea was in the minds of the framers of the Charter, when they came to the section providing for the composition of the Common Council, they made no provision for the attendance of any member of the corporation of London, or even for securing their consent. At all events, the king continued to tallage London at not infrequent intervals and almost without question until 1340, when Parliament took the privilege away from Edward III.