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
II. _Legal Position of the Jews._ All through these vicissitudes of
fortune the legal status of the Jews had remained unchanged in all
essentials. Their position was doubly hard; they were plundered by the
Crown and persecuted by the populace. If John saved them from being
robbed by his Christian subjects, it was that they might be better worth
the robbing by a Christian king. Yet, for this protection, at once
fitful and interested, the Jews had to pay a heavy price; not only were
they liable to be tallaged arbitrarily at the king’s will, without limit
and without appeal, but they were hated by rich and poor as the king’s
allies. Such feelings would of themselves account for the unsympathetic
treatment accorded to money-lenders by Magna Carta; two other reasons
contributed. All usury was looked on in the Middle Ages as immoral
(although illegal only for Christians), while excessive interest was
habitually exacted.
The feudal scheme of society had no place for Jews and afforded them no
protection. Not only did they share the disabilities common to all
aliens, but these were not in their case mitigated by the protection
extended to other foreigners by their own sovereigns and by the Church.
As exiles in a foreign land, exposed to the attacks of a hostile mob,
they were forced to rely absolutely on the only power strong enough to
protect them, the arm of the king. The Jews became the mere serfs, the
perquisites or chattels of the Crown, in much the same way as the
villeins became the serfs or chattels of their lords. Rights they might
have against others by royal sufferance, but they had no legal remedy
against their master. In the words of Bracton,[460] “the Jew could have
nothing of his own, for whatever he acquired, he acquired not for
himself but for the king.” His property was his merely by royal
courtesy, not under protection of the law. When he died, his relations
had no legal title to succeed to his mortgages, goods, or money; the
exchequer, fortified by an intimate knowledge of the extent of his
wealth (for that consisted chiefly in registered bonds), stepped into
possession and could do what it pleased. The king usually, indeed, in
practice contented himself with one-third of the whole; but if the
relations of the deceased Jew received less than the balance of
two-thirds, they would be well advised to offer no remonstrance. The
Crown did not admit a legal obligation; and there was no one either
powerful enough, or interested enough, to compel the fulfilment of the
tacit understanding which restricted the royal claims. Whatever the Jew
had amassed belonged legally and potentially not to him but to the
Crown. Magna Carta, in striking at money-lenders, was striking at the
king.
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Footnote 460:
_Folio_, 386b.
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CHAPTER ELEVEN.
Public-domain text, read in full here on John Shaqi.
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