Magna Charta in United States

Magna Charta Definition

The great charter of english liberties, so called, but which was really a compact between the king and his barons, and almost exclusively for the benefit of the latter, though confirming the ancient liberties of englishmen in some few particulars, was wrung from king john by his barons assembled in arms, on the 15th of june, 1215, and was given by the king’s hand, as a confirmation of his own act, on the little island in the thames, within the county of buckinghamshire, which is still called “magna charta island.”
The preliminary interview was held in the meadow of Running Mede, or Runny Mede (from Saxon rane, council) , that is, council meadow, which had been used constantly for national assemblies, and which was situated on the southwest side of the Thames, between Staines and Windsor. Though such formalities were observed, the provisions of the charter were disregarded by John and succeeding kings, each of whom, when wishing to do a popular thing, confirmed this charter. There were thirty-two confirmations between 1215 and 1416, the most celebrated of which were those by Hen. III. (1225) and Edw. I., which last confirmation was sealed with the great seal of England at Ghent, on the 6th of November, 1297. The Magna Charta printed in all the books as of 9 Hen. III. is really a transcript of the roll of parliament of 25 Edw. I. There were many originals of Magwi Charta made, two of which are preserved in the British Museum.
Magna Charta consists of thirty-seven chapters, the subject matter of which is various. Chapter 1 provides that the Anglican church shall be free, and possess its rights unimpaired, probably referring chiefly to immunity from papal jurisdiction. Chapter 2 fixes relief which shall be paid by king’s tenant of full age. Chapter 3 relates to heirs and their being in ward. Chapter 4. Guardians of wards within age are by this chapter restrained from waste of ward’s estate, vasto hominum et rerum,” waste of men and of things, which shows that serfs were regarded as slaves even by this much-boasted charter; and as serfs and freemen were at this time the divisions of society, and as freemen included, almost without exception, the nobility alone, we can see somewhat how much this charter deserves its name. Chapter 5 relates to the land and other property of heirs, and the delivering them up when the heirs are of age. Chapter 6 relates to the marriage of heirs. Chapter 7 provides that widow shall have quarantine of forty days in her husband’s chief house, and shall have her dower set out to her at once, without paying anything for it, and in meanwhile to have reasonable estovers; the dower to be one-third of lands of husband, unless wife was endowed of less at the church door; widow not to be compelled to marry, but to find surety that she will not marry without consent of the lord of whom she holds. Marriage settlements have now in England taken the place, in great measure, of dower. Chapter 8. The goods and chattels of crown debtor to be exhausted before his rents and lands are distrained; the surety not to be called upon if the principal can pay. If sureties pay the debt, they to have the rents and lands of debtor till the debt is satisfied. Chapter 9 secures to London and other cities and boroughs and town barons of the five ports, and all other ports, to have their ancient liberties. Chapter 10 prohibits excessive distress for more services or rent than was due. Chapter 11 provides that court of common pleas should not follow the court of the king, but should be held in a certain place. They have been, accordingly, located at Westmmster. Chapter 12 declares the manner of taking assizes of novel disseisin and mort d’ancestor. These were actions to recover lost seisin (q. v.), now abolished. Chapter 13 relates to assizes darein presentment brought by ecclesiastics to try right to present to ecclesiastical benefice. Abolished. Chapter 14 provides that amercement of a freeman for a fault shall be proportionate to his crime, and not excessive, and that the villein of any other than the king shall be amerced in same manner, his farm, utensils, etc., being preserved to him (salvo wanagio suo) ; for otherwise he could not cultivate lord’s land. Chapter 15 and chapter 16 relate to making of bridges, and keeping in repair of sewers and sea walls. This is now regulated by local parochial law. Chapter 17 forbids sheriffs and coroners to hold pleas of the crown. Pleas of the crown are criminal cases which it is desirable should not be tried by an inferior and perhaps ignorant magistrate. Chapter 18 provides that, if any one holding a lay fee from crown die, the king’s bailiff, on “bowing letters patent of summons for debt from the king, may attach all his goods and chattels, so that nothing be moved away till the debt to crown be paid oflf clearly, the residue to go to executors to perform the testament of the dead; and if there be no debt owing to crown, all the chattels of the deceased to go to executors, reserving, however, to the wife and children their reasonable parts. Debts to the government have precedence in United States, as well as in England. A man can now in England will away his whole personal property from wife and children, but not in some of the United States. See Gen. St. Mass. 1560. Chapter 19 relates to purveyance of king’s house. Chapter 20 relates to the castle guard. Chapter 21 relates to taking horses, carts, and wood for use of royal castles. The three last chapters are now obsolete. Chapter 22 provides that the lands of felons shall go to the king for a year and a day; afterwards to the lord of the fee. So in France. The day is added to prevent dispute as to whether the year is exclusive or inclusive of its last day. Chapter 23 provides that the weirs shall be pulled down in the Thames and Medway, and throughout England, except on the seacoast. These weirs destroyed fish, and interrupted the floating of wood and the like down stream. Chapter 24 relates to the writ of praecipe in capite for lords against their tenants offering wrong, etc. Now abolished. Chapter 25 provides a uniform measure. See 5 & 6 Wm. IV. c. 63. Chapter 26 relates to inquisitions of life and member, which are to be granted freely. Now abolished. Chapter 27 relates to knight service and other ancient tenures, now abolished. Chapter 28 relates to accusations, which must be under oath. Chapter 29 provides that “no freeman shall be taken, or imprisoned, or disseised from his freehold, or liberties, or immunities, nor outlawed, nor exiled nor in any manner destroyed, nor will we come upon him or send against him, except by legal judgment of his peers or the law of the land. We will sell or deny justice to none, nor put off right or justice.” This clause is very much celebrated, as confirming the right to trial by jury. By common law, the twelve jurors must be unanimous. Lord Campbell, in England, introduced a bill changing this, and, in certain cases, allowing the majority to decide. In some jurisdictions in the United States statutes have been enacted doing away in certain cases with the requirement for a unanimous verdict. Chapter 30 relates to merchant strangers, who are to be civilly treated, and, unless previously prohibited, are to have free passage through, and exit from, and dwelling in, England, without any manner of extortions, except in time of war. If they are of a country at war VTith England, and found in England at the beginning of the war, they are to be kept safely luitil it is found out how English merchants are treated in their country, and then are to be treated accordingly. Chapter 31 relates to escheats. Chapter 32 relates to the power of alienation in a freeman, which is limited. Chapter 33 relates to patrons of abbeys, etc. Chapter 34 provides that no appeal shall be brought by a woman except for death of her husband. This was because the defendant could not defend himself against a woman in single combat. The crime of murder or homicide is now inquired into by indictment. Chapter 35 relates to rights of holding county courts, etc. Obsolete. Chapter 36 provides that a gift of lands in mortmain shall be void, and lands so given go to lord of fee. Chapter 37 relates to escuage and subsidy. Chapter 38 confirms every article of the charter.
Magna Charta is said by some to have been so called because larger than the Charta de Foresta, which was given about the same time. Spelman. But see Cowell. Magna Charta is mentioned casually by Braoton, Fleta, and Britton. Glanville is supposed to have written before Magna Charta. The Mirror of Justices (chapter 315 et seq.) has a chapter on its defects. See 2 Inst.; Barr. Obs. St.; 4 Bl. Comm. 423. See a copy of Magna Charta in 1 Laws S. C. edited by Judge Cooper (page 78). In the Penny Magazine for the year 1833 (page 229), there is a copy of the original seal of King John affixed to this instrument; a specimen of a fac simile of the writings of Magna Charta, beginning at the passage, Nullus liber homo capietur vel imprisonetur, etc. A copy of both may be found in the Magasin Pittoresque for the year 1834 (pages 52, 53). See 8 Enc. Brit. 722; 6 Enc. Brit. 332; Wharton.

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The great charter of english liberties, so called, but which was really a compact between the king and his barons, and almost exclusively for the benefit of the latter, though confirming the ancient liberties of englishmen in some few particulars, was wrung from king john by his barons assembled in arms, on the 15th of june, 1215, and was given by the king’s hand, as a confirmation of his own act, on the little island in the thames, within the county of buckinghamshire, which is still called “magna charta island.”
The preliminary interview was held in the meadow of Running Mede, or Runny Mede (from Saxon rane, council) , that is, council meadow, which had been used constantly for national assemblies, and which was situated on the southwest side of the Thames, between Staines and Windsor. Though such formalities were observed, the provisions of the charter were disregarded by John and succeeding kings, each of whom, when wishing to do a popular thing, confirmed this charter. There were thirty-two confirmations between 1215 and 1416, the most celebrated of which were those by Hen. III. (1225) and Edw. I., which last confirmation was sealed with the great seal of England at Ghent, on the 6th of November, 1297. The Magna Charta printed in all the books as of 9 Hen. III. is really a transcript of the roll of parliament of 25 Edw. I. There were many originals of Magwi Charta made, two of which are preserved in the British Museum.
Magna Charta consists of thirty-seven chapters, the subject matter of which is various. Chapter 1 provides that the Anglican church shall be free, and possess its rights unimpaired, probably referring chiefly to immunity from papal jurisdiction. Chapter 2 fixes relief which shall be paid by king’s tenant of full age. Chapter 3 relates to heirs and their being in ward. Chapter 4. Guardians of wards within age are by this chapter restrained from waste of ward’s estate, vasto hominum et rerum,” waste of men and of things, which shows that serfs were regarded as slaves even by this much-boasted charter; and as serfs and freemen were at this time the divisions of society, and as freemen included, almost without exception, the nobility alone, we can see somewhat how much this charter deserves its name. Chapter 5 relates to the land and other property of heirs, and the delivering them up when the heirs are of age. Chapter 6 relates to the marriage of heirs. Chapter 7 provides that widow shall have quarantine of forty days in her husband’s chief house, and shall have her dower set out to her at once, without paying anything for it, and in meanwhile to have reasonable estovers; the dower to be one-third of lands of husband, unless wife was endowed of less at the church door; widow not to be compelled to marry, but to find surety that she will not marry without consent of the lord of whom she holds. Marriage settlements have now in England taken the place, in great measure, of dower. Chapter 8. The goods and chattels of crown debtor to be exhausted before his rents and lands are distrained; the surety not to be called upon if the principal can pay. If sureties pay the debt, they to have the rents and lands of debtor till the debt is satisfied. Chapter 9 secures to London and other cities and boroughs and town barons of the five ports, and all other ports, to have their ancient liberties. Chapter 10 prohibits excessive distress for more services or rent than was due. Chapter 11 provides that court of common pleas should not follow the court of the king, but should be held in a certain place. They have been, accordingly, located at Westmmster. Chapter 12 declares the manner of taking assizes of novel disseisin and mort d’ancestor. These were actions to recover lost seisin (q. v.), now abolished. Chapter 13 relates to assizes darein presentment brought by ecclesiastics to try right to present to ecclesiastical benefice. Abolished. Chapter 14 provides that amercement of a freeman for a fault shall be proportionate to his crime, and not excessive, and that the villein of any other than the king shall be amerced in same manner, his farm, utensils, etc., being preserved to him (salvo wanagio suo) ; for otherwise he could not cultivate lord’s land. Chapter 15 and chapter 16 relate to making of bridges, and keeping in repair of sewers and sea walls. This is now regulated by local parochial law. Chapter 17 forbids sheriffs and coroners to hold pleas of the crown. Pleas of the crown are criminal cases which it is desirable should not be tried by an inferior and perhaps ignorant magistrate. Chapter 18 provides that, if any one holding a lay fee from crown die, the king’s bailiff, on “bowing letters patent of summons for debt from the king, may attach all his goods and chattels, so that nothing be moved away till the debt to crown be paid oflf clearly, the residue to go to executors to perform the testament of the dead; and if there be no debt owing to crown, all the chattels of the deceased to go to executors, reserving, however, to the wife and children their reasonable parts. Debts to the government have precedence in United States, as well as in England. A man can now in England will away his whole personal property from wife and children, but not in some of the United States. See Gen. St. Mass. 1560. Chapter 19 relates to purveyance of king’s house. Chapter 20 relates to the castle guard. Chapter 21 relates to taking horses, carts, and wood for use of royal castles. The three last chapters are now obsolete. Chapter 22 provides that the lands of felons shall go to the king for a year and a day; afterwards to the lord of the fee. So in France. The day is added to prevent dispute as to whether the year is exclusive or inclusive of its last day. Chapter 23 provides that the weirs shall be pulled down in the Thames and Medway, and throughout England, except on the seacoast. These weirs destroyed fish, and interrupted the floating of wood and the like down stream. Chapter 24 relates to the writ of praecipe in capite for lords against their tenants offering wrong, etc. Now abolished. Chapter 25 provides a uniform measure. See 5 & 6 Wm. IV. c. 63. Chapter 26 relates to inquisitions of life and member, which are to be granted freely. Now abolished. Chapter 27 relates to knight service and other ancient tenures, now abolished. Chapter 28 relates to accusations, which must be under oath. Chapter 29 provides that “no freeman shall be taken, or imprisoned, or disseised from his freehold, or liberties, or immunities, nor outlawed, nor exiled nor in any manner destroyed, nor will we come upon him or send against him, except by legal judgment of his peers or the law of the land. We will sell or deny justice to none, nor put off right or justice.” This clause is very much celebrated, as confirming the right to trial by jury. By common law, the twelve jurors must be unanimous. Lord Campbell, in England, introduced a bill changing this, and, in certain cases, allowing the majority to decide. In some jurisdictions in the United States statutes have been enacted doing away in certain cases with the requirement for a unanimous verdict. Chapter 30 relates to merchant strangers, who are to be civilly treated, and, unless previously prohibited, are to have free passage through, and exit from, and dwelling in, England, without any manner of extortions, except in time of war. If they are of a country at war VTith England, and found in England at the beginning of the war, they are to be kept safely luitil it is found out how English merchants are treated in their country, and then are to be treated accordingly. Chapter 31 relates to escheats. Chapter 32 relates to the power of alienation in a freeman, which is limited. Chapter 33 relates to patrons of abbeys, etc. Chapter 34 provides that no appeal shall be brought by a woman except for death of her husband. This was because the defendant could not defend himself against a woman in single combat. The crime of murder or homicide is now inquired into by indictment. Chapter 35 relates to rights of holding county courts, etc. Obsolete. Chapter 36 provides that a gift of lands in mortmain shall be void, and lands so given go to lord of fee. Chapter 37 relates to escuage and subsidy. Chapter 38 confirms every article of the charter.
Magna Charta is said by some to have been so called because larger than the Charta de Foresta, which was given about the same time. Spelman. But see Cowell. Magna Charta is mentioned casually by Braoton, Fleta, and Britton. Glanville is supposed to have written before Magna Charta. The Mirror of Justices (chapter 315 et seq.) has a chapter on its defects. See 2 Inst.; Barr. Obs. St.; 4 Bl. Comm. 423. See a copy of Magna Charta in 1 Laws S. C. edited by Judge Cooper (page 78). In the Penny Magazine for the year 1833 (page 229), there is a copy of the original seal of King John affixed to this instrument; a specimen of a fac simile of the writings of Magna Charta, beginning at the passage, Nullus liber homo capietur vel imprisonetur, etc. A copy of both may be found in the Magasin Pittoresque for the year 1834 (pages 52, 53). See 8 Enc. Brit. 722; 6 Enc. Brit. 332; Wharton.

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This definition of Magna Charta Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..