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originally posted by: Vector99
Exactly, it is really hard to celebrate a document that ensured slavery, There will always be an overlord making sure you are ok. I guess people are ok with that if they are comfortable?
originally posted by: paraphi
a reply to: the2ofusr1
A poor grasp of the law, methinks.
To the OP. The Magna Carta is a critical document that started England down a long, and often lonely path. Little things like habeas corpus, civil liberties and the ability for the incumbent monarch to be "controlled", are all important in those societies that are now liberal democracies.
Quote from the Magna Carta...
To no one will We sell, to none will We deny or delay, right or justice
Why the Magna Carta anniversary celebrations will be missing two crucial paragraphs
by Francis Carr Begbie
Why have clauses 10 and 11 been airbrushed from history? These were the ones inserted in the original charter to protect widows and underage heirs specifically from Jewish moneylenders by restricting the recovery of debt out of the deceased debtor’s estate.
But they are nowhere to be found in the official Magna Carta Trust website nor the US National Archive website which instead features the text of the later — and much shorter — 1297 version. The two clauses in the original 1215 Great Charter are:
10. If one who has borrowed from the Jews any sum, great or small, die before that loan be repaid, the debt shall not bear interest while the heir is under age, of whomsoever he may hold; and if the debt fall into our hands, we will not take anything except the principal sum contained in the bond.
11. 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.
Jews were relative newcomers to the land, brought to England from France as bankers by William the Conqueror of Normandy in 1066. Legally treated as chattel by the king, the Jews of Europe, rejected the Catholic Church’s stringent reading of the biblical commandment against charging a “brother” interest as a prohibition against all loans, instead reading the biblical verses as an interdiction against lending to coreligionists.
Since throughout most of Europe, Jews were forbidden to own or work land, they created a niche position through which Christians could obtain funds and Jews a livelihood.
It could have been the beginning of a beautiful relationship, and it was — for some. But in practice, the king, as “owner” of the Jews, was obviously the biggest beneficiary.
‘Jews were accidental agents in a substantial land transfer to the king, and in increasing his powers nationally’
Any forfeited land — which could not legally be held by Jews — “reverted to their master, the king, who systematically built up his holdings. It meant that the Jews were accidental agents in a substantial land transfer to the king, and in increasing his powers nationally,” wrote Rabbi Jonathan Romain in a 2014 Jewish Chronicle piece.
By the time of King John’s father, Henry II, most major English towns and cities had a flourishing Jewish community. Henry used the Jews as tax collectors and, taxing and fining the Jews heavily as well, put them under royal protection. But that “protection” was precarious at best. When the wealthiest man in England, Aaron of Lincoln (1125-1186), died, all his assets were “inherited” by the state coffers.
Ultimately, to document loans and the Jews’ holdings, the Exchequer of the Jews was founded. A division of the Court of Exchequer at Westminster, it also operated as a system of regulating taxes and court cases against the Jews in England from the late 1190s.