The Thirteenth, Greatest of Centuries
Chapter VIII.: "Let no widow be compelled to marry, so long as she
prefers to live without a husband; provided always that she gives security not to marry without our consent, if she holds of us, or without the consent of the lord of whom she holds, if she holds of another."
The first of these provisions serves to show very well how early in the history of English jurisprudence a thoroughgoing respect for woman's legal rights began to have a place. The beginning Thirteenth Century made an excellent start in their favor. For some reason the movement for justice thus initiated did not continue, but suffered a sad interruption down almost to our own times.
The second of these provisions for widows, embodied in Chapter VIII., sounds a little queer to the modern ear. This protection of widows from compulsion to marry is apt to seem absolutely unnecessary in these modern days. Some of the unmarried are indeed prone to think, perhaps, that widows have more than their due opportunity in this matter without any necessity for protecting them from compulsion. Of course it is to be understood that it was not always so much the charms of the lady herself that must be protected from compulsion, as those of the property which she inherited and the political and martial influence that she might be expected to bring her husband. In these troublous times when disputes with {355} appeals to arms were extremely frequent, it was important to have the regulation, that after the death of a husband there should be no sudden unbalancing of political power because of the compelled marriage of the widow of some powerful noble.
In certain subsequent chapters up to the twelfth there is question mainly of the rights of the Jews, as money-lenders, to collect their debts with interest after the death of the principal to whom it was loaned. For instance, according to Chapter X., the debt shall not bear interest while the heir is under age and if the debt fell to the hands of the crown, nothing but the principal was to be taken. In Chapter XI. if any one died indebted to the Jews his wife should have her dower and pay nothing of that debt. For children under age the same principle held and they had a right to the provision of necessaries in keeping with the condition of their father. This last clause has been perpetuated in the practice of our courts, as some consider even to the extent of an abuse, so that debtors cannot collect from the income of a young man to whom money has been left, if by so doing the income should be impaired to such an extent as to make his method of living unsuitable to the condition in life to which he was born and brought up.