Magna Carta: A Commentary on the Great Charter of King John: With an Historical IntroductionMcKechnie, William Sharp
History
Magna Carta: A Commentary on the Great Charter of King John: With an Historical Introduction
McKechnie, William Sharp
Constitutional history -- England -- Sources; Law -- England -- History; Law -- England -- Sources; Magna Carta
III. _Liability of Church Property to “Relief.”_ The Great Charter of
John, unlike the Charter of Henry I. makes no mention of the lands of
vacant sees in this connection, probably because the main question had
long been settled in favour of the church. The position of a bishopric
was, however, a peculiar one. Each prelate was a crown tenant, and his
fief was reckoned a “barony,” entitling its owner to all the privileges,
and saddling him with all the feudal obligations of a baron.[375]
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Footnote 375:
This was specially affirmed in 1164 by article 11 of the Constitutions
of Clarendon, which stipulated that each prelate should hold his lands
_sicut baroniam_, merely a restatement of existing law.
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It was not then unnatural that, when a prelate died, the Crown should
demand “relief” from his successor, in the same way as from the heir of
a dead lay baron. Such demands, when made by William Rufus and his
minister Flambard, met with bitter opposition. The Crown in consequence,
unwilling to forego any of its feudal dues, endeavoured to shift their
incidence from the revenues of the see to the shoulders of the feudal
under-tenants. After bishop Wulfstan’s death on 18th January, 1095, a
writ was issued in William’s name to the freeholders of the see of
Worcester, calling on each of them to pay, as a relief due on their
bishop’s death, a specified sum, assessed by the barons of the
exchequer.[376]
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Footnote 376:
_Sicut per barones meos disposui._ The writ is given in Heming’s
_Cartulary_, I. 79-80, and reprinted by Round, _Feudal England_, 309.
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In revenge for such extortions from church lands and tenants, the
historians of the day, all necessarily recruited from the clerical
class, have heartily recommended Rufus and Flambard to the opprobrium of
posterity. Anselm compelled Henry I. to promise amendment in his
coronation Charter, which undertook to exact nothing during vacancies
either from the demesne of the church or from its tenants.[377] No
corresponding promise was demanded from John, a proof that such
exactions had ceased. The Crown no longer extorted relief from church
lands, although wardship was, without protest, enforced during
vacancies.
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Footnote 377:
See Appendix.
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CHAPTER THREE.
Si autem heres alicujus talium fuerit infra etatem et fuerit in
custodia, cum ad etatem pervenerit, habeat hereditatem suam sine relevio
et sine fine.
If, however, the heir of any one of the aforesaid has been under age
and in wardship, let him have his inheritance without relief and
without fine when he comes of age.
Public-domain text, read in full here on John Shaqi.
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