CHAP. XVII.—Holding Pleas of the Crown. [Same as 24th chapter of John's Charter.] CHAP. XVIII.-The King's Debtor dying, the King shall be first paid. [Same as 26th chapter of John's Charter.] CHAPS. XIX. XX. & XXI.-Purveyors for a Castle. Doing of Castle-ward. Taking of Horses, Carts and Woods. [Same as 28th, 29th, 30th, and 31st chapters of John's Charter.] CHAP. XXII.—How long Felons' Lands shall be holden by the King. [Same as 32d chapter of John's Charter.] CHAP. XXIII.—In what places Wears shall be put don'n. CHAP. XXIV.-In what case a Præcipe in Capite is grantable. [Same as 14th chapter of John's Charter.] CHAP. XXV.-There shall be but one Measure through the Realm. [Same as 35th chapter of John's Charter.] CHAP. XXVI.—Inquisition of Life and Member. CHAP. XXVII.-Tenure of the King in Socage, and of another by Knight's Service. Petit Serjeanty. [Same as 37th chapter of John's Charter.] CHAP. XXVIII.—Wager of Law shall not be without witness. [Same as 38th chapter of John's Charter.] CHAP. XXIX.-None shall be condemned without Trial. Justice shall not be sold or deferred." "No freeman shall be taken, or imprisoned, or be disseised of his freehold, or liberties, or free customs, or be outlawed or exiled, or any otherwise destroyed; nor will we pass upon him, nor condemn him, but by lawful judgment of his peers, or by the law of the land. We will sell to no man, we will not deny or defer to any man, either justice or right." 2 See 39th and 40th Chapters of John's Charter. CHAP. XXX.-Merchant Strangers coming into this Realm shall be well used. [Same as 41st chapter of John's Charter.] CHAP. XXXI.-Tenure of a Barony coming into the King's hands by Escheat. [Same as 43d chapter of John's Charter.] CHAP. XXXII.-Lands shall not be aliened to the Prejudice of the Lord's Service [i. e. Lord of the Fee]. CHAP. XXXIII.-Patrons of Abbeys shall have the custody of them in time of Vacation. [Same as 46th chapter of John's Charter.] CHAP. XXXIV.-In what cases only a Woman shall have `an Appeal of Death. [Same as 51st chapter of John's Charter.] CHAP. XXXV.-At what time shall be kept a County Court, a Sheriff's Term, and a Leet. CHAP. XXXVI.-No land shall be given in Mortmain. "It shall not be lawful from henceforth to any to give his lands to any religious house, and to take the same land again to hold of the same house. Nor shall it be lawful to any house of religion to take the lands of any, and to lease the same to him of whom he received it: if any from henceforth give his lands to any religious house, and thereupon be convict, the gift shall be utterly void, and the land shall accrue to the lord of the fee." CHAP. XXXVII.—A subsidy in respect of this Charter, and the Charter of the Forest granted to the King. "Escuage from henceforth shall be taken like as it was wont to be in the time of King Henry, our grandfather; reserving to all archbishops, bishops, abbots, priors, templars, hospitalers, earls, barons, and all persons, as well spiritual as temporal, all their free liberties and free customs, which they have had in time past. And all these customs and liberties aforesaid, which we have granted to be holden within this our realm, as much as appertaineth to us and our heirs, we shall observe. And all men of this our realm, as well spiritual as temporal (as much as in them is), shall observe the same against all persons in like wise. And for this our gift and grant of these liberties, and of others contained in our charter of liberties of our forest, the archbishops, bishops, abbots, priors, earls, barons, knights, freeholders, and other our subjects, have given unto us the fifteenth part of all their moveables. And we have granted unto them, for us and our heirs, that neither we nor our heirs shall procure or do anything whereby the liberties in this charter contained shall be infringed or broken. And if anything be procured by any person contrary to the premises, it shall be had of no force nor effect. These being witnesses: Lord B., Archbishop of Canterbury, E., Bishop of London, I., Bishop of Bath, P. of Winchester, H. of Lincoln, R. of Salisbury, W. of Rochester, W. of Worcester, J. of Ely, H. of Hereford, R. of Chichester, W. of Exeter, bishops; the Abbot of St. Edmonds, the Abbot of St. Albans, the Abbot of Bello, the Abbot of St. Augustines in Canterbury, the Abbot of Evesham, the Abbot of Westminster, the Abbot of Bourgh St. Peter, the Abbot of Reding, the Abbot of Abindon, the Abbot of Malmsbury, the Abbot of Winchcomb, the Abbot of Hyde, the Abbot of Certesy, the Abbot of Sherburn, the Abbot of Cerne, the Abbot of Abbotebir, the Abbot of Middleton, the Abbot of Seleby, the Abbot of Cirencester; H. De Burgh, Justice ; H,, Earl of Chester and Lincoln; W., Earl of Salisbury; W., Earl of Warren ; G. de Clare, Earl of Gloucester and Hereford; W. de Ferrars, Earl of Derby; W. de Mandeville, Earl of Essex; H. de Bygod, Earl of Norfolk; W., Earl of Albemarle; H., Earl of Hereford; J., Constable of Chester; R. de Ros, R. Fitzwalter, R. de Vyponte, W. de Bruer, R. de Muntefichet, P. Fitzherbert, W. de Aubenie, J. Gresly, F. de Breus, J. de Monemue, J. Fitzallen, H. de Mortimer, W. de Beauchamp, W. de St. John, P. de Mauly, Brian de Lisle, Thomas de Multan, R. de Argenteyn, G. de Nevil, W. Mauduit, J. de Balun, and others." We, ratifying and approving these gifts and grants aforesaid, confirm and make strong all the same for us and our heirs perpetually; and by the tenor of these presents do renew the same, willing and granting for us and our heirs that this charter, and all and singular its articles, for ever shall be stedfastly, firmly, and inviolably observed. Although some articles in the same charter contained yet hitherto peradventure have not been kept, we will and, by authority royal, command from henceforth firmly they be observed. In witness whereof, we have caused these our letters patent to be made. T. Edward, our son, at Westminster, the twelfth day of October, in the twenty-fifth year of our reign. Magna Charta, in this form, has been solemnly confirmed by our kings and parliaments upwards of thirty times; but in the twentyfifth year of Edward I. much more than a simple confirmation of it was obtained for England. As has been already mentioned, the original charter of John forbade the levying of escuage, save by consent of the great council of the land: and although those important provisions were not repeated in Henry's charter, it is certain that they were respected. Henry's barons frequently refused him the subsidies which his prodigality was always demanding. Neither he nor any of his ministers seems ever to have claimed for the crown the prerogative of taxing the landholders at discretion; but the sovereign's right of levying money from his towns and cities, under the name of tallages or prises, was constantly exercised during Henry III.'s reign, and during the earlier portion of his son's. But, by the statute of Henry I. intituled Confirmatio Chartarum, all private property was secured from royal spoliation, and placed under the safeguard of the great council of all the realm. The material portions of that statute are as follows:: CONFIRMATIO CHARTARUM, ANNO VICESIMO QUINTO EDV. I. CAP. V. And for so much as divers people of our realm are in fear that the aids and tasks which they have given to us beforetime towards our wars and other business, of their own grant and good-will (howsoever they were made), might turn to a bondage to them and their heirs, because they might be at another time found in the rolls, and likewise for the prises taken throughout the realm, in our name, by our ministers, we have granted for us and our heirs that we shall not draw such aids, tasks, nor prises, into a custom for anything that hath been done heretofore, be it by roll or any other precedent that may be founden. CAP. VI. Moreover, we have granted for us and our heirs, as well to archbishops, bishops, abbots, priors, and other folk of holy church, as also to earls, barons, and to all the commonalty of the land, that for no business from thenceforth we shall take such manner of aids, tasks, nor prises, but by the common consent of all the realm, and for the common profit thereof, saving the ancient aids. and prises due and accustomed. 3 "Par commun assent de tut le roiaume." The version in our statute-book omits the important word "all." APPENDIX V. THE PETITION OF RIGHTS.1 TO THE KING'S MOST EXCELLENT MAJESTIE. HUMBLY shew unto our Sovereign Lord the King, the Lords Spiritual and Temporal, and Commons in Parliament assembled, that whereas it is declared and enacted by a Statute, made in the tyme of the Raigne of King Edward the First, commonly called "Statutum de Tallagio non concedendo," that no Tallage or Aide should be laid or levied, by the King or his heires, in this Realme, without the good-will and assent of the Arch Bishopps, Bishopps, Earles, Barons, Knights, Burgesses, and other the freemen of the cominalty of this realme: And by Authority of Parliament houlden in the five and twentieth yere of the Raigne of King Edward the Third, it is declared and enacted, that from thenceforth noe person should be compelled to make any loanes to the King against his will, because such loanes were against reason, and the franchise of the land; and by other lawes of this realme it is provided, that none should be charged by any charge or imposition, called a Benevolence, nor by such like charge, by which the Statuts before mentioned, and other the good lawes and statuts of this Realme, your Subjects have inherited this freedom, that they should not be compelled to contribute to any Tax, Tallage, Aide, or other like charge, not sett by common consent in Parliament. Yet nevertheless, of late divers commissions, directed to sundrie commissioners in severall counties, with instructions, have been issued, by means whereof your people have bene in divers places assembled, and required to lend certaine sommes of money unto your Majestie, and many of them upon their refusal soe to doe, have had an oath administered unto them, not warrantable by the Lawes or Statuts of this Realme, and have been constrained to become bound to make appearance, and give attendance before your Privie Councell, and in other places; and others of them have beene therefore imprisoned, confined, and sundrie other wayes molested and disquieted. And divers other charges have bene laid and leavied upon your people in several counties, by Lord-Lieutenants, DeputieLieutenants, Commissioners for Musters, Justices of Peace, and others, by commaunde or direction from your Majestie, or your Privie Councell, against the lawes and free customes of the realme. 1 This petition was drawn up by Sir Edward Coke. Coke, 207, edit. of 1697. |