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
The practice of Henry of Anjou was followed by his sons. John was
careful specially to reserve wardships over vacant sees even in that
very accommodating charter, dated 21st November, 1214, which surrendered
the right of canonical election to the national church. Stephen Langton
had either failed to force John to relinquish wardships or else
considered such a concession unnecessary now that the king renounced his
right to veto church appointments, since wardships over church lands
would become unprofitable if elections were never unduly delayed.
Whatever the reason, the charter of 1214 did nothing to guard against
the abuse of wardships over church lands, and John’s Great Charter was
equally silent.[403] The omission was supplied in 1216, when it was
directed that the provisions already made applicable to lay fiefs should
extend also to vacant sees, with the added proviso that church wardships
should never be sold. The charter of Henry III. thus reverted to the
exact position defined by the charter of Henry I. The lands of vacant
sees might be placed under a “committee,” but never given to a
“grantee,” to use Coke’s terms.
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Footnote 403:
C. 46 (see _infra_) confirmed _barons_, who had founded abbeys, in
their rights of wardship over them during vacancies.
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These provisions were further supplemented by later acts. An Act of 14
Edward III. (stat. 4, cc. 4 and 5) gave to the dean and chapter of a
vacant see a right to the pre-emption of the wardship at a fair price.
If they failed to exercise this, the king’s right to appoint escheators
or other keepers was confirmed, but under strict rules as to waste. This
is a distinct confirmation of the king’s right to “commit” church lands,
although the prohibitions against selling them or farming them out
remained still in force.
CHAPTER SIX.
Heredes maritentur absque disparagacione, ita tamen quod, antequam
contrahatur matrimonium, ostendatur propinquis de consanguinitate ipsius
heredis.
Heirs shall be married without disparagement, yet so that before the
marriage takes place the nearest in blood to that heir shall have
notice.
Public-domain text, read in full here on John Shaqi.
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