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
It was doubly hard that the race thus plundered and tortured by the king
should be subjected to harsh treatment by the king’s enemies on the
ground that they were pampered protégés of the Crown. Yet such was the
case: on Sunday, 17th May, 1215, when the insurgents on their way to
Runnymede entered London, they robbed and murdered the Jews, using the
stones of their houses to fortify the city walls.[458] It is not to be
wondered then that the same insurgents in forcing on King John the
demands which formed the basis of Magna Carta, included provisions
against usury.
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Footnote 458:
See Miss Morgate, _John Lackland_, p. 230.
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The advisers of the young Henry in 1216 omitted these clauses, but not
from love of the Jews. They were unwilling to impair so useful a
financial resource, which has been compared to a sponge which slowly
absorbed the wealth of the nation to be quickly squeezed dry again by
the king. The Jews were always willing to disgorge a portion of their
gains in return for protection in the rest, even of a contemptuous and
intermittent kind; but their lot became hard indeed when Henry III.,
urged by popular clamour and the wishes of the Pope, began a course of
active persecution, without relaxing the rigour of those royal exactions
which had previously been the price of protection. In 1253, a severe
ordinance inflicted a long list of vexatious regulations on the Hebrews,
almost converting their quarters in each great city into ghettos, like
those of the Continent of Europe. This was merely the commencement of a
series of oppressive measures, the natural outcome of the growing hatred
with which Christians regarded Jews,—a result partly of the heated
imagination of the rabble, ready to believe unauthenticated stories of
the crucifixion of Christian children, and partly of the fact that rich
Jews, in spite of all persecution, had possessed themselves of the
landed estates of freeholders and nobles and claimed to act as lords of
Christian tenants, enjoying wardships, escheats, and advowsons, as any
Christian baron might have done. The scope of this enquiry excludes any
detailed account of the stages through which repressive legislation
passed, until the lot of the Jews in England became intolerable. The
Statute of Jewry, however,[459] was of exceptional importance; taking
from usurers the right to recover interest by legal process, and
limiting execution for the principal to one half of the debtor’s lands
and chattels. In return some temporary concessions were granted. One by
one, all these privileges were withdrawn, until the end came in 1290
with the issue of a decree of perpetual banishment by Edward I., who was
compelled to sacrifice the cherished right of keeping a royal preserve
of Jews in deference to the culmination of national prejudice in a storm
of unreasoning hate.
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Footnote 459:
_Statutes of Realm_, I. 221.
Public-domain text, read in full here on John Shaqi.
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