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Magna Carta

Note 396 — MAGNA CARTA.

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Coke, Second Institute, p. 13, enunciates a doctrine at variance with this statute, holding that the heir who suffered damage could not, on coming of age, obtain such triple damages, or indeed any damages at all, if the king had previously taken amends himself. Coke further maintains that even after waste had been committed, the person of the heir was left in the power of the unjust guardian, explaining that when the Charter took away the office “this is understood of the land, and not of the body.” There seems, however, to be no authority for such statements.

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