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 an 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 an 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 burdens 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, thi