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
Glanvill, VII. c. 9. In socage and burgage tenures no incident of
wardship was recognized; the guardianship went to the relations of the
ward, and not to his feudal lord. Somewhat complicated, but
exceedingly equitable, rules applied to socage. The maternal kindred
had the custody, if the lands came from the father’s side; the
paternal kindred, if from the mother’s side (Glanvill, VII. c. 11). In
plain language, the boy and his property were entrusted to those who
had no interest in his death.
Footnote 95:
Littleton, II. iv. s. 103.
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All the remunerative consequences flowing from escheat flowed also from
wardship—rents, casual profits, advowsons, services of villeins, and
reliefs. Unlike escheats, however, the right of the Crown here was only
temporary, and Magna Carta sought[96] to provide that the implied
conditions should be respected by the Crown’s bailiffs or nominees. The
lands must not be wasted or exhausted, but restored to the young owner
when he came of age in as good condition as they had been at the
commencement of the wardship.
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Footnote 96:
See under c. 5.
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One important aspect of this right ought to be specially emphasized. The
Crown’s wardship affected bishoprics as well as lay baronies, extending
over the temporalities of a See between the death of one prelate and the
instalment of his successor. Thus, it was to the king’s interest to
place obstacles in the way of all appointments to vacant sees, since the
longer the delay, the longer the Exchequer drew the revenues and casual
profits.[97]
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Footnote 97:
What these were may be read in the _Pipe Rolls_, _e.g._, in that of 14
Henry II., when the Bishopric of Lincoln was vacant.
This right was carefully reserved to the Crown, even in the very
comprehensive charter in which John granted freedom of election, dated
21st November, 1214.[98]
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Footnote 98:
See _Statutes of the Realm, Ch. of Liberties_, p. 5, and _Sel.
Charters_, p. 288: “Salva nobis et haeredibus nostris custodia
ecclesiarum et monasteriorum vacantium quae ad nos pertinent.”
Contrast the terms of Stephen’s Oxford Charter; _Sel. Charters_, pp.
120-1.
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