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Magna Carta

by William Sharp McKechnie

2 of 108 · Contents · Download EPUB

Contents

HISTORICAL INTRODUCTION.
Part I. Events leading to Magna Carta:
PAGE
I.William I. to Henry II.: Main Problem, the Monarchy,1
II.William I. to Henry II.: Problem of Local Government,16
III.William I. to Henry II.: Problem of Church and State,20
IV.Richard I. and John,23
V.The Years of Crisis,33
VI.Runnymede, and after,43
Part II. Feudal Grievances and Magna Carta:
I.The Immediate Causes of the Crisis,58
II.The Crown and Feudal Obligations,64
III.Royal Justice and Feudal Justice,93
Part III. Magna Carta: Its Form and Contents:
I.Its Prototypes: Earlier Charters,113
II.Magna Carta: Its Form and Juridical Nature,123
III.Magna Carta: Its Contents and Characteristics,129
IV.Magna Carta: An Estimate of its Value,144
V.Magna Carta: Its Defects,150
VI.Magna Carta: Value of Traditional Interpretations,154
VII.Magna Carta: Its Traditional Relation to Trial by Jury,158
Part IV. Historical Sequel to Magna Carta:
I.Reissues and Confirmations of the Great Charter,164
II.Magna Carta and the Reforms of Edward I.,186
Part V. Magna Carta; Original Versions, Printed Editions, and Commentaries:
I.Manuscripts of Magna Carta and Relative Documents,194
II.Previous Editions and Commentaries,205
MAGNA CARTA:
TEXT, TRANSLATION, COMMENTARY.
PREAMBLE.
I. The King’s Title. II. The names of the consenting Nobles. III. The Reasons of the Grant,215
CHAPTER ONE.
I. The Rights of the National Church: (1) Quod Anglicana ecclesia libera sit; (2) Canonical Election. II. Civil and Political Rights,222
CHAPTER TWO.
I. Assessment of Reliefs. II. Units of Assessment: (1) Feodum militis integrum; (2) Baronia integra; (3) Baronia comitis integra. III. Liability of Church Property to Reliefs,229
CHAPTER THREE.
No Relief after Wardship,239
CHAPTER FOUR.
Wardship: (1) The Definition of Waste; (2) The Punishment of Wasteful Guardians; (3) Provision against Recurrence,241
CHAPTER FIVE.
I. The Obligations of the Warden of a Lay-fief. II. Wardship over Vacant Sees,246
CHAPTER SIX.
The Marriage of Wards,250
CHAPTER SEVEN.
I. The Widow’s Share of Real Estate: (1) Dower; (2) Maritagium; (3) Hereditas. II. Her Share of Personal Estate. III. Provision for her Immediate Needs: (1) Quarantine; (2) Estovers of Common,253
CHAPTER EIGHT.
Marriage of Widows,260
CHAPTER NINE.
Procedure for Enforcing Payment of Debts,261
CHAPTER TEN.
Usury. I. The History of the Jews in England. II. Legal Position of the Jews,265
CHAPTER ELEVEN.
Widows and Children of Debtors to be Protected against Creditors,273
CHAPTER TWELVE.
I. Protection of Crown Tenants from Arbitrary Exactions: (1) Scutage; (2) Feudal Aids. II. Protection of Citizens of London: Aids and Tallages. III. Magna Carta and the Theory of Parliamentary Taxation,274
CHAPTER THIRTEEN.
Liberties and Free Customs of London,284
CHAPTER FOURTEEN.
Method of obtaining the Common Council of the Kingdom. I. Nature of the Summons. II. Composition of the Council. III. Position of the “Minor Barons.” IV. Representation. V. Powers and Functions of the Council. VI. Rights of Majorities and Minorities,291
CHAPTER FIFTEEN.
Restrictions on Mesne Lords taking Aids. I. Points of difference between tenants-in-chief and under-tenants. II. The influence of Magna Carta upon later practice,301
CHAPTER SIXTEEN.
No one to perform greater service for a tenement than is due,306
CHAPTER SEVENTEEN.
Common Pleas. I. The Curia Regis as a Court of Law. II. Common Pleas and Royal Pleas. III. Effects of Magna Carta on the Genesis of the three Courts of Common Law. IV. Evolution of the Court of Common Pleas. V. Erroneous Views,308
CHAPTER EIGHTEEN.
Petty Assizes. I. The Curia Regis and the Travelling Justices. II. The Nature and Origin of the three Petty Assizes. III. The Assizes in 1215. IV. An Erroneous View. V. Later History of the Justices of Assize,317
CHAPTER NINETEEN.
Procedure at Petty Assizes,331
CHAPTER TWENTY.
Amercement. I. Three Stages of Criminal Law: (1) The blood-feud; (2) Fixed money-payments; (3) Amercements. II. Magna Carta and Amercements: (1) Of the Freeholder; (2) Of the Merchant; (3) Of the Villein; (4) Fines and Amercements; (5) Contenement,334
CHAPTER TWENTY-ONE.
Amercement of Earls and Barons,346
CHAPTER TWENTY-TWO.
Amercement of the Clergy,349
CHAPTER TWENTY-THREE.
I. Origin of the Obligation to make Bridges. II. The King’s Rights of Falconry. III. Erroneous Interpretations,352
CHAPTER TWENTY-FOUR.
I. Pleas of the Crown. II. Keeping and Trying Criminal Pleas. III. The Intention of Magna Carta. IV. An Erroneous View. V. Local Magistrates under John: (1) The Sheriff; (2) The Constable; (3) The Coroner; (4) The Bailiff,358
CHAPTER TWENTY-FIVE.
Farms of Counties and Hundreds,372
CHAPTER TWENTY-SIX.
Crown Debtors. I. Nature of the Grievance. II. The Right to Bequeath,376
CHAPTER TWENTY-SEVEN.
Intestate Succession,382
CHAPTER TWENTY-EIGHT.
I. Purveyance in General. II. Branches of it restricted by Magna Carta. III. Its other Branches,385
CHAPTER TWENTY-NINE.
Castle-Guard,390
CHAPTER THIRTY.
Purveyance of Horses and Carts,392
CHAPTER THIRTY-ONE.
Purveyance of Timber,393
CHAPTER THIRTY-TWO.
I. The Crown’s Claim to Felons’ Property: (1) Lands; (2) Chattels. II. Indictment, Conviction, and Attainder,394
CHAPTER THIRTY-THREE.
Obstructions to be removed from Rivers,402
CHAPTER THIRTY-FOUR.
The Writ “Praecipe.” I. Royal Writs and the Feudal Jurisdictions. II. Influence of this provision on later legal Development,405
CHAPTER THIRTY-FIVE.
Standards of Weights and Measures,414
CHAPTER THIRTY-SIX.
Writ de Odio et Atia. I. Trial by Combat prior to John’s Reign. II. The Writ of Life and Limbs. III. Its Subsidiary Uses. IV. Later History of Appeal and Battle,417
CHAPTER THIRTY-SEVEN.
Prerogative Wardship,427
CHAPTER THIRTY-EIGHT.
No Bailiff to put anyone to his “law” without Witnesses. I. Probable Object of this Chapter. II. Medieval Interpretations. III. Modern Interpretations,430
CHAPTER THIRTY-NINE.
I. Its Main Object: (1) Judgment must precede Execution; (2) Per judicium parium; (3) Per legem terrae; (4) Meaning of "vel." II. The scope of the Protection afforded. III. What classes of men enjoyed it. IV. Reactionary Aspects. V. The Genesis of this Chapter. VI. Later History of "Judgment of Peers." VII. Erroneous Interpretations,436
CHAPTER FORTY.
Justice not to be Sold, Refused, or Delayed,459
CHAPTER FORTY-ONE.
Freedom of Trade. I. Magna Carta favours Alien Merchants. II. Customs and Tolls. III. The Motives prompting this Chapter. IV. English Boroughs and Merchant Strangers,463
CHAPTER FORTY-TWO.
Liberty to leave the Kingdom—Writs ne exeat regno,473
CHAPTER FORTY-THREE.
Tenants of Escheated Baronies,478
CHAPTER FORTY-FOUR.
I. The Royal Forests. II. Their Origin. III. Forest Officials. IV. Forest Courts. V. Chases, Parks, and Warrens. VI. Forest Rights and Forest Grievances. VII. Later History of Forests and Forest Laws,482
CHAPTER FORTY-FIVE.
Justices, Castellans, Sheriffs, and Bailiffs to be law-abiding men,502
CHAPTER FORTY-SIX.
Wardship over Vacant Abbeys,505
CHAPTER FORTY-SEVEN.
Forests and River-banks encroached upon by John,507
CHAPTER FORTY-EIGHT.
Procedure for abolishing Evil Customs of Forests and elsewhere,511
CHAPTER FORTY-NINE.
Hostages and Charters to be restored,514
CHAPTER FIFTY.
List of those excluded from offices of trust in future,518
CHAPTER FIFTY-ONE.
Expulsion of Foreign Mercenaries,522
CHAPTER FIFTY-TWO.
Procedure for redressing wrongful Disseisins,523
CHAPTER FIFTY-THREE.
A Crusader’s Respite allowed to John,525
CHAPTER FIFTY-FOUR.
Right of Appeal by Women,527
CHAPTER FIFTY-FIVE.
Remission of Unjust Fines and Amercements,530
CHAPTER FIFTY-SIX.
Redress for Welshmen wrongfully disseised by John,533
CHAPTER FIFTY-SEVEN.
Redress for Welshmen wrongfully disseised by Henry II. or Richard I.,534
CHAPTER FIFTY-EIGHT.
Welsh Hostages and Charters to be restored,536
CHAPTER FIFTY-NINE.
Justice to be done to Alexander, King of Scots; Relations of England and Scotland,537
CHAPTER SIXTY.
Extension of Provisions of Charter to Tenants of Mesne Lords,543
CHAPTER SIXTY-ONE.
The Forma Securitatis or Legal Sanction of the Charter. I. Nature of the Security. II. Minor Details of the Scheme: (1) Twenty-five Executors; (2) A quorum may act; (3) Sub-committee of four; (4) Local Agents; (5) The Co-operation of the Public. III. Criticism of the Scheme. IV. Dr. Gneist’s Opinion. V. Failure of the Scheme,545
CHAPTER SIXTY-TWO.
Prelates to issue Letters Testimonial,562
CHAPTER SIXTY-THREE.
Formal Clauses,563
APPENDIX.
Documents Relative to, or Illustrative of, John’s Magna Carta:
I.The Charter of Liberties of Henry I. (1100),565
II.The Second or Oxford Charter of Stephen (1136),567
III.Charter of Henry II. (circa 1154),568
IV.The so-called “Unknown Charter of Liberties,”569
V.The Articles of the Barons (1215),570
VI.Writs Supplementary of John’s Great Charter,576
VII.The Great Charter of Henry III. (Second Re-issue, 6th November, 1217),580
VIII.Carta de Foresta,586
Select Bibliography and List of Authorities referred to,590
Index to Statutes,597
General Index599

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