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
Magna Carta sought to substitute a general rule of law for the
provisions of these private charters purchased by individuals at ruinous
expenditure. It contained no startling innovations, but only repeated at
greater length the promises made (and never kept) by Henry I. in the
relative part of clause 4 of his coronation charter. No widow was to be
constrained to marry again against her will. This liberty must not be
used, however, to the prejudice of the Crown’s lawful rights. Although
the widow need not marry as a second husband the man chosen by the king
without her consent, neither could she marry without the king’s consent
the man of her own choice. Magna Carta specially provided that she must
find security to this effect, an annoying, but not unfair, stipulation.
The Crown, in later days, compelled the widow, when having her dower
assigned to her in Chancery, to swear not to marry without licence; and
if she broke her oath, she had to pay a fine, which was finally fixed at
one year’s value of her dower.[436]
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Footnote 436:
See Coke, _Second Institute_, 18.
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CHAPTER NINE.
Nec nos nec ballivi nostri seisiemus terram aliquam nec redditum pro
debito aliquo, quamdiu catalla debitoris sufficiunt ad debitum
reddendum; nec plegii ipsius debitoris distringantur quamdiu ipse
capitalis debitor sufficit ad solucionem debiti; et si capitalis debitor
defecerit in solucione debiti, non habens unde solvat, plegii
respondeant de debito; et, si voluerint, habeant terras et redditus
debitoris, donec sit eis satisfactum de debito quod ante pro eo
solverint, nisi capitalis debitor monstraverit se esse quietum inde
versus eosdem plegios.
Neither we nor our bailiffs shall seize any land or rent for any debt,
so long as the chattels of the debtor are sufficient to repay the
debt; nor shall the sureties of the debtor be distrained so long as
the principal debtor is able to satisfy the debt; and if the principal
debtor shall fail to pay the debt, having nothing wherewith to pay it,
then the sureties shall answer for the debt; and let them have the
lands and rents of the debtor, if they desire them, until they are
indemnified for the debt which they have paid for him, unless the
principal debtor can show proof that he is discharged thereof as
against the said sureties.
The Charter now passes to another group of grievances. Chapters 9 to 11
treat of the kindred topics of debts, usury, and the Jews, and should be
read in connection with each other, and with chapter 26, which regulates
the procedure for attaching the personal estate of deceased Crown
tenants who were also Crown debtors. The present chapter, although quite
general in its terms, had special reference to cases where the Crown was
the creditor; while the two following chapters treated more particularly
of debts contracted to Jews or other money lenders.
Public-domain text, read in full here on John Shaqi.
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