371

I. anjinchj^ve acc^ from a
point of view, nH!Mji^n:^y was the
pressure of the BH^
he on He needed roor,t*y a> ncwr before,
lie the to obtain it which his exp
the thirty years and his instincts a,-, a
suggested. He ne^led t^_hd£j;£
andf as far as conditions allrnvei, he
hi££pnfidence. It can baraly be though
really a4ced to give thi.'ir c-:
taxation, but their good will could be
sultatjpBJ^srith certainly litlrxd
collection. There no theorizing,; and
from the Theodossan Code to be
found In the to the ck-rgv was probably the
of a clerical in the Chancery,1 To
* "As a most just law, estaV^rhed Hr tine vXirefiil T.rnv-'r^Le <vf sacred
princes, exhort^^ ail^ct,1- ;n!,l^^J^
sojalso, verv evidently fhouil corflTr^rrgrn^tT '-TtTtTTT^^^rr: i:t;"v|J^
en^scken ParfamtTit i*n Miiiciiltst, pp 1-14, fcr «i v-U1^:-:.: ^ uf th:-< .!uu?c
and the author's conception of the true /'ojeit r«f <^r1>* ri'pn.xjrttatj'.r, in
Parliament. Said Maitland "The TT,£\::V^ (i ?r«r;'l *th^:r:e$ h,;i"' ncvtT
been our strong point. The theory wh;:h fe> npr ^ t>je rum-, ^ ;s.-/ ^r s^irres
a borrowed theorx" which has never penetratt-i! far, wh:l'j th^ n;a!!> r*:tal
principles must be sought for in out of the way p'aces. A ,:•' *r:r:i :< i f «/">
importance unless and until there is sctr.e gruat der-ire witV.r: it y^un.' is
one of the few Latin words that English lawyers r^'jy ",*\e. Er^fch !;i?»-
tory can never be an elementar\T subject. We are n -it" l^^a! er^injh tt> be
elementary'." Fisher, F. IF, Sfaitlcind, p, 161, But it \hs$ull ^t< kr.owa
that the famous clause in the clerical sunmior.-j wa» n>/)t without thirteenth-
century precedent. It is recorded by the chronicler Wend^ver that at the
Christmas mee&^ofMtliejsi«iA,i» 1224, after the festival had been cele-
brated, Hubert3eB^i1iT3ld of the injuries which the king havi f-uffwed
in his French possessions, and then reminded the carls and barons that they
had suffered damage in their holdings there also, "and since many are m the
cause, the aid of many will be necessary," ^^^^^^^^-^^ was
granted. Matthew Paris,, Ckronica Kf&jyra, 1^7^Tr°m^^^^ia^c farrcus
001115^,0^1244 which propos^jojelect_the Mng^rniriister?, it ma,;- stated,
thatthelmiiisters uough^£j€^eFtex|l^ for as they
are to transact the business of afTT^'^Jfieirjphcjce cue
shoiild fip^place." Ibid., iv., 366~3§17"™"T/2i^ afid "e^eTvp.TEy?'* no doubt
werejwtm to teroiis[injheir thought; but yet it was a notable utterance
and one may easilylleellS>TFm5c511"ttire histor>f. The recording diren:ders
were of osurse churchmen and they may have drawn on un-English s« ^urces
for their phrasing, but it is impossible to read the eontiTHporary narratives
of the early and middle thirteenth century without the conviction that
poEtical thought in England was unusually vigorous and told. is