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
Escheat was thus a peculiarly valuable right both to the Crown and to
mesne lords. Its effect was simply this: one link in the feudal chain
was struck out, and the links on either side were fitted together. If
the defaulter was a Crown tenant, all his former sub-tenants, whether
freeholders or villeins, moved up one rung in the feudal ladder and held
henceforward directly of the king, who enjoyed the entire complexus of
legal rights previously enjoyed by the defaulter in addition to those
previously enjoyed by himself: rents, crops, timber, casual profits, and
advowsons of churches falling vacant; jurisdictions and the profits of
jurisdictions; services of villeins; reliefs, wardships, and marriages
of freeholders as these became exigible.
The Crown, however, while taking everything the defaulter might have
taken before default, must take nothing more—so at least Magna Carta[91]
provides. The rights and status of innocent sub-tenants must not be
prejudiced by the misdeeds of their defaulting mesne lord.
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Footnote 91:
See _infra_, c. 43.
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(_c_) _Wardships_ are described in the _Dialogus de Scaccario_ as
“escheats along with the heir” (_escaeta cum herede_).[92] This
expression does not occur elsewhere, but it would be impossible to find
any description of wardship which throws more light on its nature and
consequences. When the heir of a deceased tenant was unfitted to bear
arms by reason of his tender years, the lands were practically, during
his minority, without an effective owner. The lord accordingly treated
them as temporarily escheated. During the interval of nonage, the lord
entered into possession, drew the revenues, and applied them to his own
purposes, subject only to the obligation of maintaining and training the
heir in a manner suited to his station in life. Frequently, considerable
sums were thus spent. The _Pipe Roll_ of the seventeenth year of Henry
II. shows how out of a total revenue of £50 6s. 8d. from the Honour of
“Belveeir,” £18 5s. had been expended on the children of the late
tenant.[93] Wardship came to an end with the full age of the ward, that
is, in the case of a military tenant, on the completion of his
twenty-first year, “in that of a holder in socage on the completion of
the fifteenth, and in the case of a burgess when the boy can count
money, measure cloth, and so forth.”[94] Wardship of females normally
ended at the age of fourteen, "because that a woman of such age may have
a husband able to do knight’s service."[95]
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Footnote 92:
See Hughes’ edition, p. 133.
Footnote 93:
See _Dialogus_, p. 222 (citing _Pipe Roll_, p. 27).
Footnote 94:
Public-domain text, read in full here on John Shaqi.
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