Selections from the Speeches and Writings of Edmund Burke [187]
who received the feud, should be submissive to him; he had therefore a right to interfere in the marriage of the heiress, who inherited the feud. This right was carried further than the necessity required; the male heir himself was obliged to marry according to the choice of his lord: and even widows, who had made one sacrifice to the feudal tyranny, were neither suffered to continue in the widowed state, nor to choose for themselves the partners of their second bed. In fact, marriage was publicly set up to sale. The ancient records of the exchequer afford many instances where some women purchased, by heavy fines, the privilege of a single life; some the free choice of a husband; others the liberty of rejecting some person particularly disagreeable. And, what may appear extraordinary, there are not wanting examples, where a woman has fined in a considerable sum, that she might not be compelled to marry a certain man; the suitor on the other hand has outbid her; and solely by offering more for the marriage than the heiress could to prevent it, he carried his point directly and avowedly against her inclinations. Now, as the king claimed no right over his immediate tenants, that they did not exercise in the same, or in a more oppressive manner over their vassals, it is hard to conceive a more general and cruel grievance than this shameful market, which so universally outraged the most sacred relations among mankind. But the tyranny over women was not over with the marriage. As the king seized into his hands the estate of every deceased tenant in order to secure his relief, the widow was driven often by a heavy composition to purchase the admission to her dower, into which it should seem she could not enter without the king's consent.
All these were marks of a real and grievous servitude. The Great Charter was made not to destroy the root, but to cut short the overgrown branches, of the feudal service; first, in moderating, and in reducing to a certainty, the reliefs, which the king's tenants paid on succeeding to their estate according to their rank; and secondly, in taking off some of the burthens, which had been laid on marriage, whether compulsory or restrictive, and thereby preventing that shameful market, which had been made in the persons of heirs, and the most sacred things amongst mankind.
There were other provisions made in the Great Charter, that went deeper than the feudal tenure, and affected the whole body of the civil government. A great part of the king's revenue then consisted in the fines and amercements, which were imposed in his courts. A fine was paid there for liberty to commence, or to conclude a suit. The punishment of offences by fine was discretionary; and this discretionary power had been very much abused. But by Magna Charta things were so ordered, that a delinquent might be punished, but not ruined, by a fine or amercement, because the degree of his offence, and the rank he held, were to be taken into consideration. His freehold, his merchandise, and those instruments, by which he obtained his livelihood, were made sacred from such impositions. A more grand reform was made with regard to the administration of justice. The kings in those days seldom resided long in one place, and their courts followed their persons. This erratic justice must have been productive of infinite inconvenience to the litigants. It was now provided, that civil suits, called COMMON PLEAS, should be fixed to some certain place. Thus one branch of jurisdiction was separated from the king's court, and detached from his person. They had not yet come to that maturity of jurisprudence as to think this might be made to extend to criminal law also; and that the latter was an object of still greater importance. But even the former may be considered as a great revolution. A tribunal, a creature of mere law, independent of personal power, was established, and this separation of a king's authority from his person was a matter of vast consequence towards introducing ideas of freedom, and confirming the sacredness and majesty of
All these were marks of a real and grievous servitude. The Great Charter was made not to destroy the root, but to cut short the overgrown branches, of the feudal service; first, in moderating, and in reducing to a certainty, the reliefs, which the king's tenants paid on succeeding to their estate according to their rank; and secondly, in taking off some of the burthens, which had been laid on marriage, whether compulsory or restrictive, and thereby preventing that shameful market, which had been made in the persons of heirs, and the most sacred things amongst mankind.
There were other provisions made in the Great Charter, that went deeper than the feudal tenure, and affected the whole body of the civil government. A great part of the king's revenue then consisted in the fines and amercements, which were imposed in his courts. A fine was paid there for liberty to commence, or to conclude a suit. The punishment of offences by fine was discretionary; and this discretionary power had been very much abused. But by Magna Charta things were so ordered, that a delinquent might be punished, but not ruined, by a fine or amercement, because the degree of his offence, and the rank he held, were to be taken into consideration. His freehold, his merchandise, and those instruments, by which he obtained his livelihood, were made sacred from such impositions. A more grand reform was made with regard to the administration of justice. The kings in those days seldom resided long in one place, and their courts followed their persons. This erratic justice must have been productive of infinite inconvenience to the litigants. It was now provided, that civil suits, called COMMON PLEAS, should be fixed to some certain place. Thus one branch of jurisdiction was separated from the king's court, and detached from his person. They had not yet come to that maturity of jurisprudence as to think this might be made to extend to criminal law also; and that the latter was an object of still greater importance. But even the former may be considered as a great revolution. A tribunal, a creature of mere law, independent of personal power, was established, and this separation of a king's authority from his person was a matter of vast consequence towards introducing ideas of freedom, and confirming the sacredness and majesty of