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
_Catallum_ and _lucrum_ were the technical words used for “principal”
and “interest” respectively in bonds and other formal documents. See,
_e.g._ Round, _Ancient Charters_ (Pipe Roll Society, Vol. X.) No. 51,
and John’s Charter to the Jews, _Rot. Chart._, p. 93.
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The taking of usury, denied by law to Christians, was carried on by Jews
under great disadvantages and risks; and the rates of interest were
proportionately high, ranging in normal cases from two to four pence per
pound per week; that is, from 43⅓ to 86⅔ per cent. per annum.[446]
During his nonage a ward had nothing wherewith to discharge either
principal or interest, since he who had the wardship drew the revenue.
At the end of a long minority an heir would have found the richest
estates swallowed up by a debt which had increased automatically ten or
twenty-fold.[447]
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Footnote 446:
See Pollock and Maitland, I. 452, and Round’s _Ancient Charters_,
notes to Charter No. 51.
Footnote 447:
The Crown was sometimes called in to enable a creditor, overwhelmed by
the accumulation of interest, to come to a settlement with his
creditors. In 1199 Geoffrey de Neville gave a palfrey to the king to
have his aid “in making a moderate fine with those Jews to whom he was
indebted.” See _Rotuli de Finibus_, p. 40. Ought we to view John’s
intervention as an attempt to arrange a reasonable composition with
unreasonable usurers, or was it simply a conspiracy to cheat
Geoffrey’s creditors?
Magna Carta prevented this great injustice to the ward; but, in doing
so, inflicted, according to modern standards, some injustice on the
money-lenders. During the minority no interest at all, it was provided,
should accrue to Jew or other usurer; while, if the debt passed to the
Crown, the king must not use his prerogative to extort more than a
private debtor might; he must confine himself to the principal sum
specified in the document of debt. The provision that no interest should
run during minorities was confirmed by the Statute of Merton,[448] which
made it clear, however, that its provisions should not operate as a
discharge of the principal sum or of the interest which had accrued
before the ancestor’s death. The Statute of Jewry, of uncertain
date,[449] made interest irrecoverable by legal process. All previous
acts against usury were repealed by the statute 37 Henry VIII. c. 9,
which, however, forbade the exaction of interest at a higher rate than
10 per cent., and this remained the legal rate until reduced to 8 per
cent, by 21 James I. c. 17. Money-lending and the usury laws are
subjects closely bound up with the repressive measures against the Jews.
Footnote 448:
20 Henry III. c. 5.
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Footnote 449:
_Statutes of Realm_, I. 221.
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