[253]. Mr. Hubert Hall (Eng. Hist. Rev., IX. 344) takes a different view, however, considering that a reduction of scutages to the old rate of the reign of Henry II. was impossible; he speaks of “the astounding and futile concession in c. 44 of the charter of 1217.” The clause is surely neither astounding nor futile if we regard it as a promise by Henry III. that he would not exact more than 20s. per knight’s fee without consent, and if we further note that it was the practice of his reign to ask such consent from the Commune Concilium for scutages even of a lower rate. A levy of 10s., for example, was granted by a Council in 1221. See Stubbs, Const. Hist., II. 33.
[254]. Prothero, S. de Montfort, 67.
[255]. See cc. 7, 26, and 38 of 1217. Blackstone (Great Charter, xxvii.) further considers that c. 35 of 1217 contains “more ample provision against unlawful disseisins”; and this opinion of a great lawyer is shared by a distinguished historian. Mr. Prothero (Simon de Montfort, 17 n.), finds that the words of the re-issue “are considerably fuller and clearer than the corresponding declaration in the charter of 1215.” It will be shown, however, infra under chapter 39, that one object of the alteration was to make it clear that holdings of villeins were excluded from the projection of the judicium parium; and that other alterations in the Charter of 1217 (e.g. chapter 16) are carefully drawn with a similar object.
[256]. C. 47 of 1217.
[257]. See infra under cc. [24] and [45].
[258]. Stubbs, Const. Hist., II. 32.
[259]. C. 13 of 1217.
[260]. C. 15 of 1217.
[261]. C. 14 of 1217.
[262]. C. 42 of 1217.