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
Et si quis moriatur, et debitum debeat Judeis, uxor ejus habeat dotem
suam, et nichil reddat de debito illo; et si liberi ipsius defuncti qui
fuerint infra etatem remanserint, provideantur eis necessaria secundum
tenementum quod fuerit defuncti, et de residuo solvatur debitum, salvo
servicio dominorum; simili modo fiat de debitis que debentur aliis quam
Judeis.
And if anyone die indebted to the Jews, his wife shall have her dower
and pay nothing of that debt; and if any children of the deceased are
left under age, necessaries shall be provided for them in keeping with
the holding of the deceased; and out of the residue the debt shall be
paid, reserving, however, service due to feudal lords; in like manner
let it be done touching debts due to others than Jews.
If the preceding chapter deprived Jews of part of the interest they
claimed, the present one deprived them also in certain circumstances of
part of the security on which they had lent the principal. The widow’s
dower lands were discharged from her husband’s debts, only two-thirds of
the original security thus remaining under the mortgage. Even this must
submit to a prior claim, namely the right of the debtor’s minor children
to such “necessaries” as befitted their station in life. Magna Carta, at
the same time, with characteristic care for feudal rights, provided that
the full service due to lords of fiefs must not be prejudiced, whoever
suffered loss. Finally, these rudiments of a law of bankruptcy were made
applicable to Gentile creditors equally as to Jews. These provisions,
with others injuriously affecting the royal revenue, were omitted in
1216, not to be restored in future charters: but they were re-enacted in
their essential principle, though not in detail, by the Statute of
Jewry, which limited a creditor’s rights of execution to one moiety of
his debtor’s lands and chattels.
CHAPTER TWELVE.
Nullum scutagium vel auxilium ponatur in regno nostro, nisi per commune
consilium regni nostri, nisi ad corpus nostrum redimendum, et
primogenitum filium nostrum militem faciendum, et ad filiam nostram
primogenitam semel maritandam, et ad hec non fiat nisi racionabile
auxilium: simili modo fiat de auxiliis de civitate Londonie.
No scutage nor aid shall be imposed in our kingdom, unless by common
counsel of our kingdom, except for ransoming our person, for making
our eldest son a knight, and for once marrying our eldest daughter;
and for these there shall not be levied more than a reasonable aid. In
like manner it shall be done concerning aids from the citizens of
London.
Public-domain text, read in full here on John Shaqi.
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