By G.L. Harriss
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Extra resources for King, Parliament, and public finance in medieval England to 1369
Example text
Ch. iii section 4 and pp. 307, 323 n. 37. Â < previous page < previous page page_47 page_48 next page > next page > Page 48 a tax was an arbitrary confiscation of property. But a war in defence of the realm was already considered ipso facto a just war, and on this ground taxation was being asked increasingly by rulers throughout Europe. Where the necessity was undeniable consent was obligatory. Such consent had to be freely given, but this freedom did not imply a right of uninhibited refusal: it was the free recognition of obligation.
D'Entreves, p. 92; cf. Post, op. , p. 451. 3 For the deployment of the term in demands for taxes by Alphonse of Poitiers in the 1260s, see T. N. Bisson, 'Negotiations for Taxes under Alphonse of Poitiers,' xiie Congrès Internationale des Sciences Historiques (Paris, Louvain, 1966), pp. 823. 4 G. Post, op. , p. 15 and ch. iv, passim. This is forcibly expressed in The Song of Lewes, ed. C. L. Kingsford (Oxford, 1890) in lines 8945 and 929930: (footnote continued on next page)  < previous page < previous page page_46 page_47 next page > next page > Page 47 the plea of necessity carried a right of expropriation of the subject's goods, it could be argued that it did, the private wrong inflicted on the subject being outweighed by the greater public good.
R. , 1869), p. 316. 2 F. M. Powicke, The Thirteenth Century, pp. 2658, 513. Walter of Guisborough, Chronicle, ed. H. , vol. lxxxix), p. 227 had no doubt that it was granted 'pro expulsione Judaeorum'. 3 J. G. Edwards, 'The Plena Potestas of English Parliamentary Representatives', Oxford Essays in Medieval History presented to H. E. Salter (Oxford, 1934), pp. 14154, and subsequently reprinted in Historical Studies of the English Parliament, ed. E. B. (footnote continued on next page) Â < previous page < previous page page_41 page_42 next page > next page > Page 42 But the evolution of this formula makes it clear that initially the representatives had been summoned merely to ratify the magnates' acceptance of the plea of necessity.