Note 680 — MAGNA CARTA. (continued 4)

This chapter should be compared with a corresponding provision in the Charter of Liberties granted by Henry I. William Rufus, like John, had evidently helped himself freely to the chattels of intestates. Henry I. (c. 7) made what seems to be merely a partial renunciation of this right: where the deceased had been prevented “by arms or infirmity” from making his will, his relations and vassals might distribute his goods for him. Are we to infer that Henry reserved the right to seize them in all other events? Stephen, in his second or Oxford Charter (cf. supra, p. 121 and appendix), clearly and unambiguously resigned all such rights, as far as the property of churchmen was concerned. Si vero morte preoccupatus fuerit, pro salute anime ejus ecclesie consilio eadem fiat distributio. He also confirmed full rights of making wills to churchmen. We have already seen that his successors did not observe these provisions. (See supra, pp. 383-4, and also Pollock and Maitland, 1. 503.)