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MAGNA CARTA

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Bianca
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« on: December 06, 2007, 08:16:30 pm »








Feudal rights still in place in 1225



Several clauses were present in the 1225 charter but are no longer in force and would have no real place in the post-feudal world. Clauses 2 to 7 refer to the feudal death duties; defining the amounts and what to do if an heir to a fiefdom is underage or is a widow. Clause 23 provides no town or person should be forced to build a bridge across a river. Clause 33 demands the removal of all fish weirs. Clause 43 gives special provision for tax on reverted estates and Clause 44 states that forest law should only apply to those in the king’s forest.





Feudal rights not in the 1225 charter



Some provisions have no bearing in the world today, since they are feudal rights and were not even included in the 1225 charter. Clauses 9 to 12, 14 to 16, and 25 to 26 deal with debt and taxes and Clause 27 with intestacy.

The other clauses state that no one may seize land in debt except as a last resort; that underage heirs and widows should not pay interest on inherited loans; that county rents will stay at their ancient amounts; and that the crown may only seize the value owed in payment of a debt, that aid (taxes for warfare or other emergency) must be reasonable, and that scutage (literally, shield-payment, payment in lieu of actual military service used to finance warfare) may only be sought with the consent of the kingdom.

Clause 14 states that the common consent of the kingdom was to be sought from a council of the archbishops, bishops, earls and greater Barons. This later became the great council, which led to the first parliament
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