408 The Period of Constitution Making

but by the common assent of all the realm, andjorjbhe cpm-

Sjffil^^

and accustomed.

as the more part of the community of the

realm find themselves sore grieved with the maletote on

wools, that is to wit, a toU^rfJortLghillii^gs fqrjevery^sack

ofjweol, and have madej^et^^

we, at their requests, have fully released it, and have granted

that we shall never Jgke^this n°T"

common asse^^

the cuslioS^ and hides grante^bdbreby

the coESnuSty af oresai97~~ *""'""

It is interesting to note the somewhat grudging mention
of the commons' rightjo ocmsent to taxation, and that in
the ^^^^^^^^^^^^^^^^y^^ never had any
share, and hence, as far as this law was ^^^^^^^^
not in the future. One is reminded that, despite the
changes of the thirteenth century, the revolt of 1297
was much a barons' affair, and that the difference in
spirit between this provision and the long-omitted article
twelve of Magna Carta, which it really replaced, was not
as great as has often been represented. The commons
were upon the brink of obtaining a great right in 1297
rather than in possession of it.

The language of Confirmatio was loose, and the kings,
even Edward L, were quick to see and use the loop-holes
which it afforded them. It was without doubt the inten-
tion, under the words aids, mises, and^Jjr&s&s, together

It is interesting to compare this language with that of the document
known as QgJ^^S2^^j£^£S^do^ This was probably an unofficial
statement oH;!ie?!ec5S^^ elements and is found in the

chronicle of Walter of Hemingburgh; it was mistaken for a statute in
later centuries and was cited as such in the Petition of Right (A. and S.,
document 189; W. and N., pp. 398-403). Its first article reads: "No
^ our heirs in our realm, without

T
r^Jm. ' ' Here was ^
the mjss^s
of thecomirwm^^ The use of tTSe^worTtallage,
howeWTlTsfira^^ result of carelessness, for to
thie P$S$&®£»&g&^^ tax, but the
ovenorajbo take mone^6rom his jomain tqw^s.