Chapter Fourteen.

Et ad habendum commune consilium regni, de auxilio assidendo aliter quam in tribus casibus predictis, vel de scutagio assidendo, summoneri faciemus archiepiscopos, episcopos, abbates, comites, et majores barones, sigillatim per litteras nostras; et preterea faciemus summoneri in generali, per vicecomites et ballivos nostros, omnes illos qui de nobis tenent in capite; ad certum diem, scilicet ad terminum quadraginta dierum ad minus, et ad certum locum; et in omnibus litteris illius summonicionis causam summonicionis exprimemus; et sic facta summonicione negocium ad diem assignatum procedat secundum consilium illorum qui presentes fuerint, quamvis non omnes summoniti venerint.

And for obtaining the common counsel of the kingdom anent the assessing of an aid (except in the three cases aforesaid) or of a scutage, we will cause to be summoned the archbishops, bishops, abbots, earls, and greater barons, severally by our letters; and we will moreover cause to be summoned generally, through our sheriffs and bailiffs, all others who hold of us in chief, for a fixed date, namely, after the expiry of at least forty days, and at a fixed place; and in all letters of such summons we will specify the reason of the summons. And when the summons has thus been made, the business shall proceed on the day appointed, according to the counsel of such as are present, although not all who were summoned have come.

This chapter, which has no equivalent among the Articles of the Barons, appears here incidentally: it would never have found a place in Magna Carta but for the need of machinery to give effect to chapter 12.

As chapter 12 is frequently supposed to enunciate a general doctrine of taxation, so this one is cited as enunciating a doctrine of parliamentary representation; while the close connection between the chapters is taken as evidence that the framers of Magna Carta had grasped the essentially modern principle that taxation and representation ought always to go together. In this view, the barons at Runnymede are given credit for anticipating the best features of modern parliamentary government. The text, however, will scarcely bear so liberal an interpretation. Vital points of difference between the principles of Magna Carta and the modern doctrine of representation are revealed by analysis.

Under chapter 12, scutages and extraordinary aids could only be levied “with common counsel of our kingdom,” and now chapter 14 fixes authoritatively the composition of an assembly charged with this function. The same Latin words which signify joint “consent” or counsel came to signify also the “Common Council,” afterwards of vital constitutional importance, continuing under a new name the old curia regis, and passing in turn into the modern Parliament. The duties and constitutional importance of this commune concilium may be considered under six heads.